Violation Of Repeat Injunction
Florida Criminal Defense Lawyers and Attorneys
What is an Injunction?
An injunction is a court order filed by one person against another and can also be known as protective orders, restraining orders or an order of protection. In essence an injunction will serve three purposes, to protect one person from another; to limit the actions of the person named in the injunction with regard to the other party; and to provide a history of behavior which could be used in a court of law should a violation of repeat injunction occur.
Injunctions can vary in length depending on the nature of the case, but a judge can order that an injunction remain in place permanently, unless it is later modified or dissolved by the court. Either party can request a modification to the injunction or to have it dissolved, however the terms of the injunction cannot be changed without the permission of the court. Absent permission to modify the injunction from the Court, a person could be in violation if he has contact with the victim, regardless of whether the victim has consented to contact. The police have the authority to observe a person and arrest them if they observe a violation occur.
It is common for injunctions to be issued only after a civil court hearing has taken place. However, a person who commits a
violation of repeat injunction can face criminal prosecution, as charges of violating an injunction are often treated in the same manner as a first degree misdemeanor offense. A person may also be charged with the felony offense of ‘aggravated stalking’ if multiple violations of the injunction occur.
Violation of Repeat Injunctions
A violation of repeat injunction is considered a serious offense by the court system and the court could impose a $1000 fine and possibly a 12 month jail term. Oftentimes, a prosecutor will consider a violation of an injunction as not just a crime against the victim, but also against the peace and dignity of society insofar as the violation demonstrates a disregard for the law and the authority of the court. There is also concern within the court system that repeated violations could possibly result in violent crime thereby requiring stronger sentences of repeat offenders.
Defending A Violation of Repeat Injunctions
Interpreting the scope of an injunction is complex and determining whether a person violated an injunction and then defending the violation requires a thorough review of circumstances and facts of the case. There are many instances where a violation of repeat injunction could occur by accident, including situations where you were complying with a judge’s orders. For example, in cases of divorce or child custody, contact between two parties may be necessary and serve as a defense to a violation of an injunction. It is also possible to argue that the even if you received the temporary injunction, you were never served (nor received) the permanent injunction Order. In any case involving an injunction, a temporary injunction or a permanent injunction, it is important to contact and retain a knowledge criminal defense lawyer.