Violation of an Injunction for the Protection Against Repeat Violence, Sexual Violence, or Dating Violence - Florida Statute 784.047
Are you being charged, in Palm Beach County, Florida, with Violation of an Injunction for the Protection Against Repeat Violence? We are violation of an injunction attorneys located in West Palm Beach. When you are arrested for violation of an injunction against dating violence you want a lawyer that understands and practices in this area of law. Don’t hire a lawyer that dabbles in criminal defense, hire a criminal defense attorney that has extensive experience in violation of injunction cases. Your attorney needs to have knowledge and experience but also needs to know the players. Knowing the players comes from years of being inside the courtroom. Finding the best criminal defense attorney in Palm Beach County, for your case, is difficult. You need to review their educational background, experience in criminal cases, their reputation in the community, and their ability to communicate with you, the client. The quality of the criminal defense attorney you hire to defend your Violation of an Injunction for the Protection Against Repeat Violence, Sexual Violence, or Dating Violence case is extremely important. We ask that you consider our South Florida Criminal Defense Attorneys.
An injunction is a court order to do something or not to do something for the protection of another person. 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. It a crime under Florida Statute 741.31(4)(a) to violate an injunction against domestic violence while Florida Statute 784.047 makes it a crime to violate a repeat violence, a sexual violence, or a dating violence injunction. Domestic violence happens normally with people we live with while repeat violence, sexual violence, or dating violence do not necessarily have to be family members or people we live with. Some examples are co-workers, roommates, neighbors, or classmates.What the State has to Prove for You to be Convicted of Violating a Repeat Violence, Sexual Violence, or Dating Violence Injunction
In order for the state to convict you, the state must prove beyond a reasonable doubt:
- An injunction for protection against repeat violence, sexual violence, or dating violence was issued against you; and
- You knowingly, intentionally, and purposefully violated the injunction.
The person who is protected by the injunction can intentionally or sometimes accidentally cause you to violate your injunction. There are many ways you can violate an injunction. Florida Statute 784.047 gives many ways that a person can violate their injunction such as:
- Being within 100 feet of the petitioner’s car regardless if it is occupied or not;
- Being within 500 feet of the petitioner’s home, school, workplace, or other place that the protected person, their family, or their household member goes;
- Committing an act of repeat violence, sexual violence, or dating violence against the petitioner;
- Committing any other violation of the injunction through an intentional unlawful threat, word, or act to do violence to the petitioner;
- Refusing to leave the home that the parties share;
- Refusing to surrender guns and ammo (if ordered by the court);
- Telephoning, contacting, or otherwise communicating with the petitioner directly or indirectly, unless the injunction allows indirect contact through a third party; or
- Vandalizing or destroying the protected person’s property, car included.
As you can see, you could accidentally violate an injunction by going to the local supermarket where the other person would visit. If you violated the injunction more than once, you could be charged with aggravated stalking which is a third-degree felony that is punishable up to 5 years in prison and a $5,000 fine.
There are some defenses that are available. One defense is that you did not intentionally violate the injunction by getting to close. Another defense is that your partner showed up at your new place or place of employment to instigate the contact to cause the violation.Contact The Law Office of Roger P. Foley, P.A.
The crime is considered a first-degree misdemeanor which is punishable by a maximum of 365 days in jail and a $1,000 fine.
If you need help with your injunction violation case, please contact The Law Office of Roger P. Foley, P.A. and let our Boynton Beach Injunction Violation Lawyers help you with your case. We will aggressively defend your case and advise you on the legal rights you have.