Violation of Injunction
Injunctions such as orders of protection and restraining orders are usually issued in civil and family courts or in cases of domestic violence. It is considered a criminal misdemeanor offense to violate a civil injunction order. Additional criminal charges such as aggravated stalking can be added to the list of charges.
If you have a Florida restraining order or an order of protection filed against you, it is important not to violate the order. You need to contact an experienced criminal defense lawyer in St. Petersburg to assist you with the protective order. If you think that the restraining order is not necessary, then a criminal defense lawyer can file the proper motions with the court in an attempt to get the order dismissed.
St. Petersburg Violation of Injunction Attorney
If you have been accused of violating an order of protection or a restraining order, you should contact a knowledgeable defense attorney right away. You may incur large fines and jail time as the result of violating an injunction. At the Morris Law Firm, P.A., Melinda Morris is experienced at defending clients you have been accused of violating an injunction. Contact the Morris Law Firm, P.A. at (727) 388-4736 for a consultation about your case.
What is an injunction?
An injunction is a court order usually issued by a civil court judge that restricts a person’s ability to contact another person. Typically an injunction is a restraining order which stops a person from harassing or threatening the safety of another person. Florida has many different types of injunctions besides restraining orders. Some common injunctions found in Florida are:
- Domestic Violence Injunction
- Sexual Violence Injunction
- Repeat Violence Injunction
- Restraining Order
- Protective Order
A person can have several injunctions placed on them at once. It is important not to violate the injunction order. Even if the person that you have the no contact order on tries to contact you, it is a violation of the injunction to have contact with that person. The best thing to do is to contact a lawyer to take over communication with the court and the protected party so that you do not violate the order.
What are the penalties for violating an injunction?
In Florida, a violation of injunction offense is classified as a first-degree misdemeanor. The maximum penalty for a first-degree misdemeanor is a fine of up to $1,000 and up to one year in jail.
If you have multiple violations then the penalties become increasingly harsher. The purpose of the injunction order is to protect the alleged victim and in a way it is to protect the alleged aggressor from committing a violent crime. A violation of the injunction is a criminal offense that can put the alleged aggressor in jail before the violent crime is committed.
If you currently have an unfounded protection order against you, it is important to contact a lawyer. The lawyer can present motions to the court to try to get the order lifted.
Possible Defenses to violating an injunction charges
There are many possible defenses to a violation of injunction charge. Of course, you need to speak with an experienced St. Petersburg attorney about the specific facts of your case in order to get an effective defense. Some generic defenses are:
- You never received notice of the injunction-
- If you don’t have notice that you are supposed to stay away from the party, then the court cannot punish you for violating the order.
- The contact that violated the injunction was not intentional-
- It is possible that you came into contact with the person at the grocery store or some other public location. The point of the order was to stay away from the person so that you do not threaten their safety or harass the person. You could accidently violate the order without intentionally stalking the person.
- The violation of the injunction occurred when you were lawfully carrying out the civil order –
- Sometimes an injunction is filed in a child custody case. However, there are other orders and requirements that the judge puts into place that conflict with the injunction. For example, the judge might issue an injunction saying that you cannot go to the other party’s house. In the visitation order though, the judge might say that you must pick up the child from the party’s house. Usually the orders should not conflict in this manner, but if the case is complicated and there are a lot of orders sometimes there are conflicts.
- Plea Bargains –
- If you do not have any other defense, it is possible to try to plea bargain for the most lenient disposition. A plea bargain requires an attorney to look at the circumstances of your particular case to work out the best deal for you.
Morris Law Firm, P.A. | St. Petersburg Violation of Restraining Order Attorney
The Morris Law Firm, P.A. is committed to representing persons who are faced with violation of injunction charges. If you are accused of violating an injunction in Pinellas County or St. Petersburg, contact the Morris Law Firm, P.A. to speak with a St. Petersburg domestic violence attorney. Our goal is to protect your constitutional rights and defend your case to obtain the lowest possible punishments.