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A St. Petersburg / Clearwater lawyer can assist you in petitioning the court for a dismissal of the injunction. If it's a temporary injunction, the most it will last is up to 15 days. Restraining orders are considered a judicial priority, and the judge may grant a temporary order within hours of its filing. We can help you file an application for participation in the Domestic Violence Intervention Program If accepted, you would be required to complete a specified series of limited tasks and stay out of trouble for a pre-determined period of time. Penalties for Violating a Restraining Order. Actions that lead to a protection order may not be enough to charge someone with a crime. If you contact the petitioner online or in person, it is a violation. However, some judges will not issue an expiration date and if you ever want the order lifted you will have to modify or dissolve the injunction formally in court. Returning to a home once shared with the alleged victim. Through phone, text, social media, e-mail). Assert your rights and contact our attorneys to find out how we can help you. Conditions are added or erased, depending on the outcome of your hearing, and expiration dates are not required. Threatening the petitioner: not only will you be breaking the no-contact rule, but you also run the risk of further assault charges. Additional charges can be placed as well as jail time and fines and a permanent record.
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We can provide you with a list of the local court-approved counseling facilities where you can attend such sessions. Can a Petitioner Violate a Restraining Order in Tampa? The government is wasting no time in trying to prove your guilt, a proactive defense is imperative. I was facing a very serious crime that carried a considerable period of imprisonment. But beyond that, there are four different kinds of injunctions in Florida. If the abuser does not obey the restraining order, he or she can be arrested and charged with a crime.
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Mike G. is a great attorney. The prohibitions contained in these protective orders will vary depending on the type of injunction, as well as the specific facts of the case. The intake shall be supervised by a prosecutor who, pursuant to s. 2901(1), has been designated and assigned to handle domestic violence cases. I wish I could give Mr. González 10 stars out of 5. A petitioner who violates a restraining order by calling a respondent or attempting to meet up will, for instance, likely face a request by the respondent to dismiss or modify the order, a request that a court may be more willing to entertain if it deems that a petitioner is not actually in fear for his or her safety. Domestic violence includes physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person. Many who violate restraining orders, for instance, are charged with contempt, fined, forced to comply with stricter terms, or even arrested and jailed. Refusing to vacate the dwelling that the parties share; 2. The sworn petition shall allege the incidents of repeat violence, sexual violence, or dating violence and shall include the specific facts and circumstances that form the basis upon which relief is sought.
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The attorneys at Stechschulte Nell Law explain the penalties for violating an injunction in Florida. A domestic violence restraining order is a civil order that provides protection from abuse for victims of domestic violence and their children. Effective Defense from an AV Preeminent* Rated Former Prosecutor with more than 25 Years of ExperienceGet Help Now. Then come to the Clerk's Family Services Division in Room 320 of the courthouse to file a Petition for Violation of Injunction. Forbidden from communicating or coming in contact with any involved children or coming near their schools. Sending mail to the petitioner. There are multiple defenses available to contest a Florida injunction violation charge.
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If the judge grants the restraining order, he or she will sign it and give you a copy. If you have any questions about the process of obtaining a restraining order in Florida, you should consult with an experienced attorney at Kemp Ruge and Green who can advise you of your rights and help you through the legal process. If you do not have any other defense, it is possible to try to plea bargain for the most lenient disposition. Many actions may constitute violating an injunction—a lot of the specifics depend on what type of protective injunction order was filed as well as case-specific details the judge may have added. There is no doubt that restraining orders are a helpful and necessary remedy when there have been threats, violence, or other alarming behavior. Understanding The Restraining Order Process. Depending on the situation, the court may potentially order the Defendant attend a domestic violence program or reimburse court and attorney fees. Criminal evidence rules are very complicated, and the type of crime at hand can affect which previous bad acts and statements can be used as evidence. Call us today at (813) 280-1244 for a case review and let us discuss your legal options. The parties have been in a dating relationship within the past 6 months. He gets to the point!!! In Florida, a violation of injunction offense is classified as a first-degree misdemeanor. Local Center Services | Florida Coalition Against Domestic Violence (FCADV) — FCADV is the professional association for Florida's 42 domestic violence centers. I work hard to protect your rights.
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This may include, for example, the fact that one party has moved from the local area, a desire to reconcile on the part of the petitioner, or that an extended period of time that has elapsed since the injunction was granted. Whether the injunction is temporary or permanent, it is a first-degree misdemeanor offense and first-degree misdemeanors are taken very seriously in Florida. 31 Violation of an injunction for protection against domestic violence. If you are accused of violating an injunction in Pinellas County or St. Petersburg, contact the Morris Law Firm, P. to speak with a St. Petersburg domestic violence attorney. Criteria for getting a restraining order in Hillsborough County.
Can A Petitioner Violate A Restraining Order In Florida
This is a more serious charge – anyone convicted may face up to five years in prison, a fine of up $5, 000, or both. A violation of a court order can, however, also have consequences if committed by the petitioner, or person requesting the injunction, making it especially important for those who have been granted an injunction, to have a thorough understanding of the terms of that order. Consider these Possible Solutions. Did you mean to bump into them at the store? What are the consequences of a restraining order violation? Florida law does not permit the State to prosecute a person who inadvertently or unintentionally violates an injunction. If the petitioner initiates contact, the respondent can still be charged with a violation of injunction. Violation of a Repeat Violence, Dating Violence or Sexual Violence Injunction. This injunction, often referred to as a restraining order, is legally enforceable and a violation could result in jail time, fines, and other penalties. How To Avoid Violation. If you have to attend an injunction hearing or you think that you might have violated the terms of your restraining order, contact our defense attorneys to get legal representation.
Up to one year of probation, and/or. Contact an Injunction Lawyer in Tampa. Those who are unsure may wish to consult with a Defense Attorney to discuss their situation. Moreover, if an injunction has been already filed against you, you need to obey the terms established by the court. Protective orders, commonly called restraining orders, are put in place if the court believes that an individual may endanger, threaten, or harass another party. The court expects someone to follow any protective orders issued. If you are unsure of any violations, reach out to our offices and discuss your situation during an initial consultation.
Visit this website to learn more about its emergency shelter, children support services, and counseling and therapy sessions. The best way to avoid these restrictions is to fight against your injunction as it happens. First violations of protective orders may lead to a prison sentence of up to one year, a maximum fine of $1, 000, or both. Therefore, the permission of the "victim" will not stop an arrest. Depending on the specifics of the injunction, it may be a criminal act to: - Go to the petitioner's residence, school, place of employment, or any specified place frequented regularly by the petitioner and any named family or household member; - Commit an act of repeat violence, sexual violence, or dating violence against the petitioner; - Telephone, contact, or otherwise communicate with the petitioner directly or indirectly, unless the injunction specifically allows indirect contact; or. Restraining Order Defense Lawyer in Pinellas County, FL. An experienced St. Petersburg / Clearwater criminal defense attorney can uncover the relevant issues in your case and create a game plan for resolving your case.
You have already started on completing the 26 weeks of domestic violence counseling prior to going to court. 31(4)(a) establishes that a person willfully violates an injunction for protection against domestic violence and Florida Statute § 784. Mr. Gonzalez was outstanding. There are different types of injunctions in Florida based on the nature of the relationship between the respondent and the petitioner.
You will work with your attorney one-on-one at every stage of the process. How Long Do Restraining Orders Last in Florida? Respondents can be accused of protective order violations simply for returning phone calls from alleged victims (referred to as petitioners), even though the protected party was the one that initiated the contact.
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