The civil domestic violence injunction is one of Florida law’s clearest example of a double edged sword. On one hand, a domestic violence injunction can legitimately protect the safety and wellbeing of a real victim of domestic violence. And if you are someone who has become the victim of domestic violence or of stalking, you should seek out an attorney who can help you put a temporary or permanent injunction in place. An injunction is sometimes the only legal vehicle available to ensure the protection of victims of violence. An experienced Clearwater injunction lawyer can ensure that you get an injunction that keeps you safe if need be.
On the other side of the blade, people can easily use and abuse injunctions for more nefarious purposes. A temporary injunction requires literally no evidence to acquire, and people with low morals can outright lie and obtain even permanent injunctions. If an unjust injunction is granted against you, you will likely lose your right to own a firearm and the injunction can act as a black mark on your record for years to come. Injunctions require only the civil standard of preponderance of the evidence to obtain. The ease of obtaining an injunction against another person makes them very attractive to those who want to gain an upper hand in a divorce or paternity action. This is one of the reasons why it can be unwise to just agree to an injunction even if you as the respondent have no desire to be in contact with the petitioner.Violation of Injunction
While an injunction itself is not a criminal offense and does not carry any criminal penalties, it does create a basis for future criminal offenses. This is one aspect of the injunction process that is often not explained to people who are served an injunction and are unrepresented by an attorney. Injunctions can be enforced for a term of years or permanently, so having an active injunction can be something that is an active detriment to one’s life.
There are multiple ways that an injunction can be violated. Pursuant to Florida Statute 784.047, a person violates an injunction if an injunction has been properly served upon him or her and then the respondent refuses to vacate the shared home of the parties, if the respondent goes within 500 feet of the petitioner’s home or place of work, if the respondent commits an act of violence against the petitioner, if the respondent threatens the petitioner, if the respondent contacts the petitioner in person, through the phone or through a third party, if the respondent comes within 100 feet of the petitioner’s vehicle, if the respondent destroys or defaces the petitioner’s property, or if the respondent refuses to surrender firearms or ammunition.
As you can see, there are a myriad of ways an injunction can be violated. And if you are charged with violating an injunction, you could be charged with a first degree misdemeanor which is punishable by up to a year in jail along with other penalties such as probation or fines. If the prosecution proves that you have been previously convicted of violating the injunction twice involving the same victim, you could be facing enhanced third degree felony charges punishable by up to five years in prison. Plainly, the penalties for injunction violations can be severe, so it is important that you contact a skilled Clearwater Criminal defense lawyer to aid in your defense if you are charged with such a crime. If you have an active injunction that you believe is unjust, you should consider speaking with an attorney who may be able to modify or lift the injunction altogether.Speak to Our Lawyers Today
The attorneys at Hanlon Law routinely deal with injunctions and violations of injunctions. If you have been charged with any crime relating to an injunction call us today for a consultation at 727.897.5413.