Violation of Injunction
Jacksonville Domestic Violence Attorneys Defending People After Arrest
A domestic violence injunction, as well as other types of injunctions, can place strict limitations on your actions and rights. If you violate the terms of a no-contact order or protective injunction in Florida, you may face a criminal charge. At Ellis and Bryant, our Jacksonville domestic violence lawyers understand the sensitive nature of domestic abuse allegations and can provide compassionate legal guidance throughout the proceedings. We have the skill and knowledge to help you develop and defense strategy and assert your rights in a case involving domestic violence, battery, or other criminal charges.
Violation of an Injunction in Florida
An injunction in this context is a court order that prohibits a person from contacting or being around another person. Typically, an injunction includes specific restrictions on a person’s actions and their right to be in certain places, such as the alleged victim’s home or workplace. Many injunctions also prohibit the possession of firearms. The court may enter an injunction against the defendant in situation where a family or household member is the victim of domestic violence or has cause to reasonably believe they are facing an imminent threat of domestic violence. Other types of injunctions may be entered regardless of the alleged victim’s status as a household or family member. Florida laws allow for dating violence injunctions, sexual violence injunctions, and repeat violence injunctions under certain conditions that are provided by the statutes.
A violation of injunction is committed when a person intentionally disobeys a requirement of a protective injunction issued in Florida or another state. This applies to violations of an injunction for repeat violence, sexual violence, or dating violence as well. Depending on the terms of the specific injunction, a violation may occur if the defendant contacts the alleged victim directly, refuses to leave the parties’ shared home, comes within 500 feet of the alleged victim’s home, school, or place of employment, or comes within 100 feet of the alleged victim’s car. Committing an act of domestic violence, damaging personal property, or threatening the alleged victim may lead to an arrest for an injunction violation. If the defendant has been ordered to turn over their firearms and refuses to do so, the defendant may be charged with a violation. Other conduct may also result in a violation if it is prohibited by the particular injunction.
Defending Against an Injunction Violation Charge
In Florida, a violation of a domestic violence injunction, dating violence injunction, sexual violence injunction, or repeat violence injunction is a first degree misdemeanor. If you are convicted, the penalties may include a maximum jail sentence of one year or probation and a $1,000 fine. A third conviction for violating a protective injunction is a third degree felony offense that carries more severe penalties.
It is important to note that an injunction violation cannot be waived by the person who originally obtained the order. However, there may be defenses to an injunction violation, depending on the facts and details of the situation. Lack of intent may be a successful defense if the prosecution cannot prove that the defendant willfully violated the protective injunction. Lack of notice of injunction may be asserted as a defense if the prosecution cannot prove that the defendant was served with the permanent injunction or had notice of the injunction based on other evidence. A domestic violence defense attorney can provide further information on the best strategies available in your case.
Consult with a Jacksonville Lawyer for Domestic Violence Charges
If you have been charged with violating a dating or domestic violence injunction in Florida, there may be defenses available to you. The Jacksonville attorneys at Ellis and Bryant can assist you in fighting against a violation of injunction charge and pursue the best possible results for your situation. We have represented defendants in domestic violence and sexual assault cases throughout Duval and Clay Counties, including Jacksonville Beach, Middleburg, Orange Park, and other areas. Schedule a free consultation with one of our dedicated criminal lawyers by calling Ellis and Bryant at (904) 551-4120 or contacting us online.