Violation of Injunction
Protective order can be granted to protect the petitioner from domestic violence, dating violence, repeat violence or stalking. The petitioner sometimes complains that a temporary or final order for protection has been violated. In these cases, the petitioner will be asked to do the following:
- call the police so that an officer can investigate the allegations and file a police report; and
- submit affidavit to the Clerk of the Circuit Court explaining how the violation of the injunction occurred.
If a violation of the injunction is alleged in an affidavit filed with the clerk’s office, then a judge will first review the allegations prior to referring the case to the State Attorney pursuant to F.S. 741.31.
Attorney for Violations of an Injunction in Tampa, FL
If you were arrested for violation of an injunction in Tampa, FL, or the surrounding areas in the greater Tampa Bay area including Hernando County, Pasco County, Pinellas County, Manatee County or Polk County, then contact an attorney experienced in representing people charged with a violation of injunction.
Whether the injunction was for stalking, repeat violence, sexual violence or domestic violence, the attorneys at Sammis Law Firm can help you fight the case. After an injunction for protection against domestic violence, stalking, dating violence, repeat violence or sexual violence is granted by the court, the terms of the injunction might be violated. Most violations occur after the final judgment of injunction is filed and notice is received by the respondent.
Call (813) 250-0500 to discuss your case.
Affidavit Describing Violation of Injunction for Protection
After a violation, the person making the complaint will be asked to submit an affidavit describing the violation of protection. The affidavit applies to a violation of an injunction for protection against domestic, repeat, dating, sexual violence or stalking.
The Petitioner must explain:
- whether this is a first, second or third Affadavit for Violation that has been filed with the clerk’s office;
- when the Injunction for Protection Against Violence was entered and served on the respondent; and
- when the respondent allegedly violated the injunction.
Violations often involve allegations that the respondent did one of the following:
- by refusing to vacate the dwelling previously shared by the parties;
- 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;
- by committing an act of Domestic Violence against the Petitioner;
- by violated the Injunction by using an intentional and unlawful threat, word or act to do violence to the Petitioner;
- by violated the Injunction by telephoning, contacting, or communicating with the Petitioner directly or indirectly, when such communication was not allowed by the Injunction.
Intake Determination Report for an Injunction Violation Allegation
The State Attorney’s Office will complete an “intake determination report” for the injunction violation investigation. The report will list the general information including the arrest date, the date the allegation was received from the clerk, the 30 day state attorney deadline, the capias referral date, the 20 day law enforcement deadline and the date of the intake determination.
The prosecutor with the State Attorney’s Office must determine what action to take depending on whether:
- The facts alleged in the affidavit constitute a criminal violation of F.S. 741.31 (Criminal Violation of Domestic Injunction) or a substative criminal offense of _______;
- The facts alleged in the affidavit do not establish the elements of a substantive criminal offense. Therefore, no further action will be pursued by the State Attorney’sOffice. The State Attorney’sOffice does not object to the circuit court proceeding on these allegations utilizing the contempt power of court;
- The State Attorney’sOffice objects to the circuit court proceeding on the facts alleging a substative criminal offense by utilizing the contempt powers of the court on the groundsof Double Jeopardy because:
- The case remains under investigation;
- The case is pending subject to some other action, to wit: ________________.
- The Stat has filed an information for the crime of: ________________.
- other: _________________.
- Through the facts alleged in the affidavit may constitute a substantive criminal offense, the State Attorney’s Office does not object to the circuit court proceeding on these allegations utilizing the contempt powers of court because:
- The State has declined to prosecute;
The court can also set a NOTICE OF HEARING and provide notice to the Petitioner and the Respondent are hereby advised that you are to appear in court and testify.
Forms for Violation of Injunction for Protection – Visit the website of the Clerk’s Office in Hillsborough County in Tampa, FL, to find the forms and affidavit that needs to be filed after an alleged violation of an injunction for protection from any form of domestic violence, dating violence, repeat violence, dating violence or sexual violence.
Lawyer for a Violation of Injunction in Hillsborough County, FL
If you were charged with a violation of an injunction for protection from domestic violence in Tampa, FL, then contact an experienced attorney at the Sammis Law Firm to discuss your case. We have a second office in New Port Richey, and fight allegations of violating an injunction in Pasco County, FL.
We also represent individuals charged with violating any type of order for protection, including stalking, repeat violence, dating violence, or domestic violence.
Call (813) 250-0500 to discuss your case.
This article was last updated on Friday, July 6, 2018.