Violations of the Domestic Violence Injunction
The criminal charge of “Violation of Domestic Violence Injunction” is a serious criminal offense with serious criminal penalties. At the Sammis Law Firms, our criminal defense attorneys help men and women fight against false or exaggerated allegations.
We represent individuals accused of domestic violence. We also represent individuals who have been charged with violation of a domestic violence or repeat violence injunction. For more information on fighting the petition for an injunction – read our information on domestic violence protective order hearings.
We also represent clients after they are served with a petition for an injunction against domestic violence, dating violence, repeat violence, sexual 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.
Attorney For Violations of Domestic Violence Injunctions in Tampa
If you have been arrested or think you might be arrested for the criminal charge of violation of a domestic violence injunction, then contact the Sammis Law Firm to discuss your case with an experienced attorney.
If the Petitioner wants to allege that a violation of the injunction occurred, then the Petitioner will file an affidavit describing the violation of injunction for protection against domestic, repeat, dating, sexual, and stalking violence.
Then the judge will review the court file and the Affidavit in Support of the Violation of Injunction filed in the case prior to referral to the State Attorney’s Office under Florida Statute Section 741.31.
The Violation of Injunction Affidavit
The affidavit will often ask the following questions:
- Is this the first Affidavit of Violation that you have filed with the Clerk’s office concerning this cause?
- When was the above-styled Injunction for Protection entered against the Respondent?
- When it is alleged that the Respondent violated the injunction?
- I have placed a check mark by those below that apply to my situation:
- ___ Respondent violated the Injunction by refusing to vacate the dwelling previously shared by the parties.
- ___ Respondent violated the Injunction by going to the Petitioner’s residence, school, place of employment, or a specific place frequented regularly by the Petitioner and any named family or household member.
- ___ Respondent violated the Injunction by committing an act of Domestic Violence against the Petitioner.
- ___ Respondent violated the Injunction by using an intentional and unlawful threat, word or act to do violence to the Petitioner.
- ___ Respondent violated the Injunction by telephoning, contacting, or communicating with the Petitioner directly or indirectly, when such communication was not allowed by the Injunction.
- Specifically, the Respondent violated the Injunction for Protection in the following manner: (Below, describe in detail anything the Respondent did or said that was in violation of the Injunction. Be as specific as possible, including a description of the Respondent’s conduct, time of the violation(s), and the location where the violation(s) occurred).
- What is the relationship between the Parties:
- ___ Spouse
- ___ Former Spouse
- ___ Child in common
- ___ Living Together as if a Family
- ___ Family Member (Describe Relationship)
- ___ Other (Neighbor, friend, co-worker)
Based on the allegations in the affidavit describing a violation of injunction for protection against domestic, repeat, dating, sexual and stalking violence, the Court can set a hearing and direct the Clerk’s Office to advise the Petitioner and Respondent to appear before the judge and testify at a hearing to be held at a certain time and place.
An experienced lawyer can give you advice depending on the particular facts and circumstances of your case. Find out what you need to do right now to protect yourself against a false or exaggerated allegation.
Call (813) 250-0500 to discuss your case today for any violation of domestic violence or repeat violence injunction charge in the Tampa Bay area including Hillsborough County, Pinellas County, Pasco County, or Hernando County, FL.
Consequences of a Violation of an Injunction for Protection from Violence
A person accused of violating an injunction can be subjected to the following penalties:
- A person who willfully violates an injunction for protection commits a misdemeanor of the first degree. § 784.047(1).
- A person with two or more prior convictions of a violation of an injunction for protection, who then subsequently commits a violation of an injunction against the same victim commits a felony of the third degree. § 784.047(2)
Florida Statute 741.31(4)(a) – Violation of an Injunction
Florida Statute Section 741.31(4)(a), provides that in order to prove the crime of Violation of a Domestic Violence Injunction, the prosecutor for the State of Florida must prove the following two elements beyond a reasonable doubt:
- A temporary or final injunction for protection against domestic violence was issued by a court against the defendant; and
- The defendant willfully, knowingly, intentionally and purposely violated the injunction by an affirmative act such as calling, texting, or coming in direct contract with the subject of the domestic violence injunction or restraining order.
A similar showing must be made for a Violation of Repeat Violence Injunction, a Dating Violence Injunction or a Stalking Injunction.
Pinellas County Domestic Violence Task Force – Provides information to the alleged victims of domestic violence on how to file for an injunction for protection against domestic violence, repeat violence or dating violence at the courthouse in St. Petersburg or Clearwater, Florida.
Information for Domestic Violence Injunction (restraining orders) – The Sixth Judicial Circuit provides information on domestic violence orders for protections, injunctions, no contact, or restraining orders. Includes information on how to modify, drop or extend the injunction.
Attorney for Violation of Domestic Violence Injunctions in Hillsborough County
If you have been arrested for violation of a domestic violence injunction or restraining order, contact an experienced criminal defense attorney at the Sammis Law Firm to discuss your case.
We represent clients charged with violation of domestic violence injunction in the Tampa Bay area, including Tampa, Clearwater, St. Petersburg, Dade City, New Port Richey, Brooksville, and Bartow, Florida. We are experienced in fighting a wide variety of domestic violence charges.
Whether you were charged with violating a restraining order, domestic violence injunction, repeat violence injunction, or a dating violence injunction in Hillsborough County, Pinellas County, Pasco County, Polk County, Manatee County, Florida, call (813) 250-0500 to discuss your case today.
This article was last updated on Wednesday, Friday, November 21, 2018.