VIOLATION OF INJUNCTIONS
Orlando Violation of Injunctions Defense Attorney
According to Florida Statute 741.30, a person who becomes the victim of domestic violence or has reasonable cause to believe they are in imminent danger of becoming victim of such, is legally entitled to file a sworn petition to place an injunction against their abuser/the defendant. An injunction in this case is a restraining order that prohibits a person from taking certain action(s).
In domestic violence cases, The Injunction for Protection Against Domestic Violence petition is filed by a family or household member and granted by Circuit Court. The order granting the injunction will lay out the action(s) that are being restrained. The defendant/person named in the injunction must abide by the instructions of this injunction. If they break the rules of the injunction this is considered a Violation of Injunction crime.
Other types of injunctions that may be violated include:
- Repeat Violence Injunctions
- Dating Violence Injunctions
- Sexual Violence Injunctions
If a Violation of Injunctions is committed by a person, it is a first degree misdemeanor. It may result in:
- Up to 1 year in jail; or
- 12 months of probation; and
- $1,000 fine.
When a person has multiple Violations of Injunctions that appear to harass or threaten the victim, the person may be charged with Aggravated Stalking, which is a felony offense.
Violation of Injunction charges can be combated on several different levels, depending upon the circumstances of the case and the specifics of the injunction(s) at issue. Common defenses are:
- Lack of Notice of Injunction(s)
- Lack of Intent to Violate
- Conflicting Injunctions
- Mistake as to the Meaning, Effect, or Scope of the Injunction(s)
- No Intentional Contact
If you find yourself standing accused of a Violation of Injunctions crime you need to be sure you have a good lawyer on your side. Violation of Injunction(s) charges can be tricky and carry strict sentences. Make sure you have the proper representation. For a free consultation with an experienced criminal defense attorney in Orlando, contact Sercombe Law. We routinely handle matters in Orange County and nearby jurisdictions.