The charge can also become criminal instead of civil. Call (904) 354-0333 to learn more about how Bill Roelke can defend your future and lifestyle from a domestic violence injunction or repeat violence injunction. Still, it is ill-advised to do so. How to prepare for a restraining order hearing in Hillsborough County? Being accused of restraining order violations can be stressful, frustrating, confusing, and depressing. 96-402; s. 97-155; s. 3, ch. What are the Penalties for Violating an Injunction in Florida. In other words, you must have received "actual service" or been provided with a copy of the permanent injunction personally, prior to the time you were alleged to have violated the terms of the injunction. Prove that you have been a victim either of stalking or violence or have reasonable cause to believe that you might be in danger of violence. I owe you a tremendous debt for your services. Contact My Firm Today. Cyberstalking is when someone stalks you online.
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Your attorney will directly return your call, email, or text to answer your pressing questions. Restraining Order Violations Explained. Some examples of conditions or restrictions that the Judge may order include: - Requirement that the Respondent undergo counseling. Can a petitioner violate a restraining order in florida gambling. Therefore, the permission of the "victim" alone will not stop the police from arresting you for a violation of the injunction. In civil cases, courts can also impose restraining orders which can prevent a person from contacting a non-family member or intimate partner, or from visiting a specific company or professional office among other things. The contact that violated the injunction was not intentional-. Possible Defenses for Your Case.
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There are countless reasons for someone to have a restraining order in place, whether it be in civil or criminal court. 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. Some of the consequences of being on the receiving end of a restraining order can include: - Being required to leave your living space. At Mike G Law, our team will go over the facts of your case and develop a strong defense that is designed for your best interests. This can happen through email, social media, or text messages. Cordova v. State, 675 So. My firm, Mike G Law, can help you defend yourself against a restraining order and share your side of the situation in court. Different restraining orders may come with different requirements and protections depending on the circumstances of a case. Alleged violations of restraining orders not only carry possible incarceration and fines, but can also have damaging effects on employment, professional licensing, and child custody. If you need immediate assistance regarding the certified domestic violence centers and statewide resources, you are instructed to call the Florida Domestic Violence Hotline at 1-800-500-1119. Violating a Protective or Restraining Order in West Palm Beach. Once the petition is filed, a judge will review it and decide whether or not to issue a restraining order. This hearing is your chance to have your side of the facts presented with the assistance of a lawyer. Violating a restraining order is a crime in most states, and violators can be arrested and prosecuted.
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Bill Roelke represents men and women facing a protective order hearing for domestic violence in Duval County, St. Johns County, Clay County, and Nassau County, FL. The order can also be known as an "injunction of protection, " and in Florida, there are five different types: An individual can have several offenses placed on them all at once. Can a petitioner violate a restraining order in florida department. Sexual battery is when someone forces you to have sex when you do not want to or tries to make you do sexual things that you do not want to do. At the hearing, both you and the petitioner will have an opportunity to present their case. You can also file for a restraining order through your local courthouse. Choosing a lawyer should be the same way.
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These include such factors as: - The contact between you and the other party may have been consensual. Courts have the jurisdiction to issue temporary restraining orders (also known as orders of protection) that force a person to refrain from engaging in a specified activity, such as seeing or contacting the person who has requested the order. Stalking or Harassment Injunction.
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In Florida, a restraining order violation is a serious offense for the defendant. What it means for you to file for a restraining order against a spouse or someone that lives in your home: In order to file for a restraining order against your spouse or someone who lives in your home, you must be able to prove that you have been a victim of domestic violence. One act of violence by: | Repeat Violence Injunctions. Once the abuser has been served, he or she must obey the restraining order. A restraining order is violated when the person named in the order: - Does something that is prohibited by the order; or. Can a petitioner violate a restraining order in florida is also. Restraining Order Defense Attorney in West Palm Beach, FL. Fails to do something that is required by the order. We can set a hearing and go before the judge in order to petition the Pinellas County Court to dissolve the injunction. The sheriff's department may charge a fee for this service. You may also face other requirements, such as: - Attending court-ordered counseling for anger management or drug or alcohol rehabilitation. Different types of restraining orders can last for different lengths of time. You should also give copies to your local police department and any other law enforcement agency that you contact.
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Does a restraining order ruin your life? If you have been accused of violating an order of protection or a restraining order, you should contact a knowledgeable defense attorney right away. Contact us or call us at (561) 671-5995 to speak with an attorney about a restraining order or protective order today. Violating a restraining order is an offense that can result in criminal charges. For example, suppose someone kept calling another person and making them feel bad for months. What Happens When You Violate a Restraining Order in Florida. As part of the process, petitioners also need to provide a physical description of their aggressor, date of birth and the address where they can be located. Then, they might reflect back on it differently the next day or even a week after they did it.
Otherwise, there could be criminal consequences. Understanding Injunctions. See Robinson v. State, 840 So. In Florida, a person who has been accused of domestic violence may be served with a court order that prohibits further contact and other specific conduct, like going within a certain distance of the victim or owning a firearm. It is not unusual for the prosecutor to view a violation of injunction as not just a crime against a particular victim, but also a crime against the peace and dignity of the State of Florida. What does a restraining order do for victims of cyber-stalking? Although it is not mandatory to go to the hearing with an attorney, an experienced criminal lawyer can help you identify inconsistencies or challenges in your case as well as evidence to support your defense. The other party in the case does not want to see you prosecuted or, at a minimum, does not want to see you sentenced to time in the Pinellas County jail. If law enforcement observes a violation of the injunction, you are still subject to arrest, regardless of the fact that contact was initiated by the other party.
What Happens at an Injunction Hearing in Florida. 2 incidents of violence on separate occasions. Defacing or destroying the petitioner's personal property, including the petitioner's motor vehicle; or. When a person files for a restraining order in Florida, the following steps will take place: - The petitioner (the person filing for the restraining order) will file a petition with the court. Your best option will be to secure an attorney to represent your interests at the hearing on the order, which is usually scheduled within two weeks of the initial filing. Sometimes the other party may wonder what will happen if they contact someone they have a restraining order against. Violating an injunction now becomes a criminal matter instead of a civil matter. What is a domestic violence restraining order? Direct contact, or contact through a third party. If the judge grants the restraining order, they will sign it and give it to law enforcement to serve on the respondent. You have already begun attendance at an anger management course assigned to you by your attorney. All provisions of the restraining order expire when the restraining order expires. If you want the order to last longer than 15 days, you must go to court and ask for a permanent restraining order. Respondents who violate these orders by communicating with a victim, physically coming within 500 feet of the victim's residence, or even attempting to communicate through a third party, face severe consequences.
Additionally, they should gather different information that helps them create a compelling case. The court will then set a hearing date for the petition. A domestic violence restraining order is a civil order that provides protection from abuse for victims of domestic violence and their children. This can happen when someone takes your money without your permission, prevents you from working, or ruins your credit.
Florida Law on Restraining Order Violations. He is a stellar and highly competent criminal justice attorney. Most often, violations of injunctions are treated as first degree misdemeanor offenses. What is a civil harassment restraining order? In some cases, the restraining order may give temporary custody of minor children to the victim and require the abuser to pay child support. If you have multiple violations then the penalties become increasingly harsher.
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.
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