Can A Petitioner Violate A Restraining Order In Florida Is A

July 3, 2024, 3:28 am

A third or subsequent violation of a restraining order is a third-degree felony, punishable by up to 5 years in prison and a fine of up to $5, 000. Attorney for Violation of a Protective Order Arrests in Fort Lauderdale, FL. A repeat violence protective order is also called an injunction for protection against repeat violence. If the judge finds probable cause, he or she will issue a temporary restraining order (TRO). Losing custody rights or even the right to unsupervised visitation with your children. Then, they might reflect back on it differently the next day or even a week after they did it.

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The process of contesting a domestic violence injunction will depend on whether the judge grants the petitioner a temporary injunction. The injunction will remain in place for whatever time frame the judge has ordered. Can You Appeal a Florida Domestic Violence Injunction? Depending on the situation, the court may potentially order the Defendant attend a domestic violence program or reimburse court and attorney fees. Florida Law on Restraining Order Violations. Restraining Order Defense Attorney in West Palm Beach, FL. The court affirmed the lower court's finding that the ex-husband's attempt to friend request the petitioner's underage daughter was a form of indirect contact in violation of the order. In some states, the penalties are more severe if there is a history of domestic violence or if the victim was particularly vulnerable. The length of a domestic violence or other type of injunction will depend on whether the judge issues an expiration date on the order. We're passionate about giving you the best possible results for your case. If you currently have an unfounded protection order against you, it is important to contact a lawyer. Thank you and God bless! Can a petitioner violate a restraining order in florida using. In Florida, the court has the option to subject you to one of two types of injunctions: a temporary injunction and a final injunction for protection. Effective Defense from an AV Preeminent* Rated Former Prosecutor with more than 25 Years of ExperienceGet Help Now.

Can A Petitioner Violate A Restraining Order In Florida Using

If other options are unavailable, we may be able to negotiate with the prosecutor and the judge for the most lenient disposition possible. Your initial consultation is free and confidential—call (813) 321-7323 today! Therefore, if you violate the terms of an injunction, you might face a first-degree misdemeanor charge. Call (954) 765-6585 right now to have our attorneys review your case and answer all of your legal questions during a free initial consultation. Available for Evening and Weekend Appointments. If the petition meets the injunction's requirements, the judge will issue a temporary restraining order which is valid for 15 days. Overview of Restraining Orders in Florida. Additional charges can be placed as well as jail time and fines and a permanent record. Even if the petitioner wishes to drop the restraining order, you cannot have contact or communicate with her or him until the court modifies your restraining order.

Can A Petitioner Violate A Restraining Order In Florida Statute

Fought very hard to get my husband the outcome he received. This can happen even if you know the person who raped you. Can a petitioner violate a restraining order in florida statute. If you ever have a problem with the criminal justice system, I highly recommend that you hire this remarkable gentleman to fight for you in your case. "No Contact" Means No Contact. Violating an Injunction. Still, it is ill-advised to do so. For an injunction to be placed, the petitioner (or asserted victim) must file paperwork with the courthouse and prove in a civil court hearing to a judge that there is an immediate and present danger by the respondent (the accused).

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31(4)(a) establishes that a person willfully violates an injunction for protection against domestic violence and Florida Statute § 784. At the hearing, both you and the petitioner will have an opportunity to present their case. You need to contact an experienced criminal defense lawyer in St. Tampa Injunction & Restraining Defense Lawyers. Petersburg to assist you with the protective order. Many who violate restraining orders, for instance, are charged with contempt, fined, forced to comply with stricter terms, or even arrested and jailed. You will work with your attorney one-on-one at every stage of the process. It is very important to read the injunction carefully. The parties do not fall under a description of a domestic violence injunction.

This defense applies even in situations where you were personally served with the temporary injunction notice, but never received actual service of the final Livingston v. State, 847 So. 046(7)(c), Florida Statutes, a Circuit Court Judge can order that an injunction remain in full force and effect permanently. Did you receive notice of the injunction? In some situations, the shorter anger management course may be more appropriate to the unique circumstances involved in your case. Can a petitioner violate a restraining order in florida free. You are allowed an attorney, call witnesses, cross-examine witnesses, and persuade the court as to why the protective order should be denied. Florida has many different types of injunctions besides restraining orders. Most people commonly refer to this type of court order as a "restraining order, " Florida law uses the term "injunction" exclusively.

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