Florida Domestic Violence Injunctions Lawyers
Domestic Violence Injunction
Domestic violence is defined as an act where any time a family member, cohabitant or loved one commits a violent act resulting in physical injury. It is possible to face domestic violence charges and enhanced penalties for committing any form of assault, battery, stalking, kidnapping or false imprisonment. An injunction for protection against domestic violence, also known as a restraining order, is a court order that requires the abuser to stop contacting or even coming near the victim. Such an order also requires the abuser to leave the home and pay the victim temporary child support.
In addition, it gives the victim certain rights such as temporary child custody. When an injunction is violated, the violator could be arrested for doing so. If you or a loved one has been abused and need protection or if you have been falsely accused of domestic violence during contentious divorce proceedings, it is important that you contact the experienced Florida family law attorneys at Farah & Farah to ensure that your legal rights and best interests are protected.
The Process of Obtaining an Injunction
When an individual applies for a domestic violence injunction, the filing will go before a judge who will review if an injunction is needed. It is not necessary for the individual asking for the injunction to have been battered or injured. It is only necessary to prove that there is immediate danger of abuse. The judge will review the history of the parties involved and if attempts were made in the past to cause harm. If the respondent has a criminal history or has threatened people in the past, the judge may grant an injunction.
Injunction for Protection Against Domestic Violence
An injunction for protection against domestic violence is often referred to as a restraining order. It is a court document that orders someone suspected of abuse from contacting or even going near the person he or she allegedly abused. A domestic violence injunction in Florida can also require the recipient to leave his or her home and to pay temporary child support. If the recipient violates the terms of the injunction, he or she may face criminal charges.
Violation of Domestic Violence Injunctions
There are many ways in which domestic violence injunctions are violated. A person may be charged with an injunction violation for:
- Refusing to leave the dwelling the parties share
- Going within 500 feet of the petitioner’s residence or place of work
- Committing an act of domestic violence
- Communicating with the petitioner directly or indirectly
- Going within 100 feet of the petitioner’s vehicle even when the car is parked or unoccupied
- Defacing personal property belonging to the petitioner
- Making an unlawful threat or committing an act of violence
There are serious consequences for individuals who violate the terms of a domestic violence injunction in Florida. Violating a domestic violence injunction is a first-degree misdemeanor punishable by up to a year in jail, 12 months of probation and a $1,000 fine. Individuals convicted of multiple violations can even face felony charges for aggravated stalking punishable by years of incarceration.
Defense for Injunction Violations
Victims of abuse have the right to an attorney to help guide them through the domestic violence injunction proceedings. Individuals accused of abuse or of violating the terms of an injunction may receive legal guidance as well. This is often necessary because the cards are stacked against alleged abusers. The law is designed to protect victims of abuse and to punish those who stalk, threaten and abuse others.
Therefore, if you are charged with violating an injunction, you will have to fight the charges in court. Some of the defenses include lack of intent or a lack of notice of the injunction. This is effective because you cannot face charges for knowingly violating the terms of something that you did not know existed. Part of your defense may also include your confusion regarding the meaning, effect or scope of the injunction.
Contacting an Experienced Florida Lawyer
As Jacksonville family law attorneys, we at Farah & Farah have seen first-hand the devastating effects domestic violence can have on divorcing spouses’ rights including access to their own residence, child visitations and even child custody. Our family law attorneys have extensive experience representing clients who have been victims of domestic violence and those who have been wrongly accused of committing acts of violence. Regardless of which side you find yourself in, please contact us at (904) 263-4610 for a no-cost initial consultation.