Violation of Injunctions for Repeat Violence
If you have been accused of violating an injunction for repeat violence, then contact a criminal defense attorney at Sammis Law Firm. The injunction can be enforced through a criminal prosecution, or through civil or criminal contempt proceedings.
Our attorneys represent clients when it is alleged that an injunction was violated in Tampa and Plant City in Hillsborough County, and the surrounding counties in the Tampa Bay area. We also have a second office in New Port Richey and represent clients charged with violations of injunctions in Pasco County, FL.
We also represent clients after they are served with a petition for an injunction against domestic violence, dating violence, repeat violence or stalking violence.
The best defense is avoiding an injunction being granted in the first place. If an injunction has already been granted, talk with an attorney about filing a motion to dissolve the injunction.
How is the information in an injunction maintained?
The Florida Department of Law Enforcement (FDLE) has created a Domestic Violence, Dating Violence, and Repeat Violence Injunction Statewide Verification System. The system sends information electronically to criminal justice agencies relating to injunctions issued by the courts throughout the State of Florida.
FDLE must have the respondent’s name, race, sex, and date of birth as required by Florida Statute § 784.046(8)(b).
When the petitioner alleges that you violated the injunction, the court can enforce the injunction for repeat violence, through a civil or criminal contempt proceeding.
Criminal Charges for Violations of the Injunction
The violation may be prosecuted as a crime if it meets the statutory criteria listed in Fla. Fam. L. R. P. 12.610(c)(5).
If the respondent is arrested under section 901.15(6) for committing an act of repeat, dating, or sexual violence in violation of an injunction for protection, the respondent shall be held in custody until brought before the court. The respondent should be brought to court as expeditiously as possible for the purpose of enforcing the injunction and for admittance to bail in accordance with chapter 903 and the applicable rules of criminal procedure, pending a hearing. § 784.046(9)(b).
First Degree Misdemeanor Charges for Violation of an Injunction
A person who willfully violates an injunction for protection against repeat violence issued pursuant to Section 784.046, or a foreign protection order accorded full faith and credit pursuant to Section 741.315 commits a misdemeanor of the first degree. The crime is punishable by up to 12 months in jail and a $1,000 fine as provided in section 775.082 or section 775.083. § 784.047.
Finding an Attorney for a Violation of Injunction Case in Florida
If you were accused of violating the terms of an injunction for repeat violence, contact an attorney at the Sammis Law Firm. We fight for clients charged with this criminal offense throughout Tampa and Plant City in Hillsborough County, and the surrounding counties of Pinellas, Pasco, and Hernando County, FL.
We have offices in New Port Richey serving Pasco County, and Clearwater service Pinellas County. Call (813) 250-0500 to discuss your case.
This article was last updated on Monday, August 21, 2023.