Violation of Injunction
Injunctions are usually filed in connection with domestic violence cases. It is a serious criminal offense to violate injunctions. If you have a restraining order or other type of protective order filed against you, it is important not to violate the order. Even if the protected party is the one that initiates contact, you still will violate the order if you respond. Typically injunctions are set up in civil court and family court. However, the violation of the injunction is a criminal matter with significant criminal penalties.
Melbourne Violation of Injunction Attorney
If you have violated an injunction in Brevard County or the surrounding areas, you need to call the Law Offices of Germain & McCarthy. Our attorneys have defended many clients who have violated injunctions. It is necessary to get prompt legal assistance if you have violated an injunction. Call our office at (321) 253-3447 for a consultation about how we can take care of your violation of injunction allegation.
Violation of Injunction Under Florida Law
Florida Statutes Section 741.31 lay out the law governing violation of an injunction for domestic violence cases. An individual willfully violated an injunction if he or she willfully does one of the following things:
- Refusing to leave the residence the parties share
- Being within 500 feet of the petitioner’s residence, school, work, or any other place frequented regularly by the petitioner and any named family or household member
- Committing a domestic violence act against the petitioner
- Committing an unlawful threat, word or act to do violence to the petitioner
- Telephoning, contacting or otherwise communicating with the petitioner directly or indirectly unless the injunction allows indirect contact through a third party
- Intentionally coming within 100 feet of the petitioner’s motor vehicle, whether or not that vehicle is occupied
- Defacing or destroying the petitioner’s personal property, including the petitioner’s motor vehicle
- Refusing to follow court orders about giving up firearms or ammunition
There are other ways to violate an injunction. It depends on the terms of your particular injunction. The best thing to do is contact a criminal defense attorney familiar with defending violation of injunction cases.
Penalties for Violating Injunctions in Florida
A violation of an injunction is a first-degree misdemeanor punishable by up to one year in jail and a maximum fine of $1000.
If the individual willfully violated domestic injunction, the court may order the individual to attend a batterer’s intervention program. The individual may have to enter a batterer’s intervention program even if there is no active criminal prosecution depending on the court findings.
The victim or person who suffers physical injury or loss due to the individual’s violation of the injunction may be awarded economic damages. Economic damages include attorney fees paid to enforce the injunction.
How an attorney can help
Once you receive notice of an injunction order, it is vital to refrain from contacting the protected party. Even if the party initiates contact, you will be in violation of the order. If the order is not necessary, you need to contact an attorney to go to court and file the appropriate motions to get the order dismissed.
The prosecution in these violations of injunction cases needs to prove that there was an injunction set in place to protect against domestic violence and that the individual willfully made contact with the person. It is very easy to prove a violation of the order. The prosecution just needs to show the court that you received notice of the order and that you made some contact with the protected party.
Law Offices of Germain & McCarthy | Violation of Domestic Violence Injunction Lawyer
If you are charged with violating an injunction in Brevard County, contact the Law Offices of Germain & McCarthy at (321) 253-3447 to get immediate legal representation. A conviction for violating an injunction order can lead to both criminal and civil consequences. An experienced Melbourne domestic violence attorney can help you fight a violation of injunction charge.