Violation of a Domestic Violence Injunction - Florida Statute 741.31(4)(a)
Are you being investigated or have you been arrested for Violation of a Domestic violence Injunction in Palm Beach County, Florida? There are so many listings for Palm Beach Criminal Defense Attorneys but you need someone that can work with you, someone that will listen, someone that will be a voice for you in your criminal case.There are so many criminal defense lawyers in Palm Beach, Broward and Martin counties, but you think to yourself, I need a friend.I need a friend that would do everything he could to PROVE MY INNOCENCE. The attorney I hire has to be passionate, he has to be aggressive, he has to be caring and honest but he also has to demand respect from the prosecutors and the judges because my life and reputation are on the line.I don’t want to go to prison or jail, and I want, I need, someone that has defended others in my situation.I can’t have someone just take the money and run. They need to put in effort, time and sweat because this is my life.They need to make an extraordinary effort.
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Many people have heard of an injunction, but not everyone knows what an injunction is. Someone may think that it has something to do with the Conjunction Junction song from School House Rock. An injunction is a court order to do something or not to do something. They are sometimes called restraining orders. Injunctions can be issued for the protection of the victim against many different things such as violence, dating violence, sexual violence, or domestic violence. Domestic violence is any type of assault, battery, stalking, kidnapping, false imprisonment, or any other type of crime that results in the physical injury or death of a family member or household member against another family or household member. Florida Statute 741.31 makes the violation of a domestic violence injunction a crime.
The injunction cannot be waived by the one who originally obtained it for protection. The violation of the injunction is seen as being serious in the eyes of the court because a violation is the willful disregard of a court order. It can also be viewed as a crime, not against the protected individual, but against the State of Florida.
What the State has to Prove for You to be Convicted of a Domestic Violence Injunction Violation
In order for the state to convict you, the state must prove beyond a reasonable doubt that:
- A temporary or final injunction for the protection against domestic violence was issued against you; and
- You knowingly, intentionally, and purposefully violated the injunction.
The facts surrounding your alleged violation are important. If you violated the injunction multiple times, you could also be charged with aggravated stalking which is a third-degree felony that has a maximum punishment up to 5 years in prison and a $5,000 fine.
Family members or household members sometimes want to cause trouble by falsely reporting violations. There are other situations where the family members might not be intentionally trying to cause trouble, but they contact the person that has the injunction which causes a violation. The person that is protected by the injunction cannot waive the injunction and contact the other person. Only the court has the power to terminate the injunction.
There are some defenses to the injunction violation charge. One defense is that the defendant never knew about the injunction. Another situation is where the violation was not intentional but accidental. For example, you and the other person went to the mall at the same time.
Punishment for a Violation of a Domestic Violence Injunction
The crime is considered a first-degree misdemeanor that is punishable by a maximum of 365 days in jail and a $1,000 fine.
If you had in your possession a firearm or ammunition during the domestic violence injunction, you can also be charged with a first-degree Misdemeanor. See Florida Statute 790.233.
Contact the Law Office of Roger P. Foley, P.A.
If you have been arrested and charged with an injunction violation, contact our West Palm Beach Domestic Violence Injunction Violation Attorneys so we can start helping you. You are going to want experienced and aggressive attorneys that will defend your case to the full extent of the law.