Domestic Violence Injunction Violations

If you are accused of domestic violence in St. Petersburg, you face not only the possibility of criminal penalties, but also the likelihood that the victim will ask for a domestic violence injunction. A domestic violence injunction is a court order that prohibits or limits contact between family or household members when one has committed violence against another. The court puts the order in place, but unlike a no contact order in connection with criminal charges, the victim petitions separately for it. A knowledgeable St. Petersburg domestic violence attorney can help you navigate the legal issues associated with this kind of injunction.

In Florida, domestic violence includes a range of crimes committed where the victim and perpetrator have a family or household relationship. You can be charged with domestic violence where you have the requisite family or household relationship with the victim and you committed stalking, aggravated stalking, assault, aggravated assault, sexual battery, sexual assault, battery, aggravated battery, kidnapping, false imprisonment, or other crimes that cause death or physical injury against the victim.

Under Florida Statutes section 741.30, somebody who is a victim of domestic violence or reasonably believes he or she is at imminent risk of becoming a domestic violence victim has standing to file a sworn petition, asking the court for a domestic violence injunction. Family or household members can also swear and file this type of petition. If the court grants the petition or puts in place a temporary injunction before a hearing is held, you can be subject to the domestic violence injunction sought by the purported victim.

It’s important to realize that an injunction is a court order. If you violate a domestic violence injunction, you can be charged with a first degree misdemeanor. That means you could face a maximum of a year in jail, 12 months of probation and a $1000 fine. Under certain circumstances, a violation constitutes aggravated stalking, which is a felony. To obtain a conviction, a prosecuting attorney needs to show beyond a reasonable doubt: (1) you repeatedly, maliciously, or willfully, (2) cyberstalked, harassed, and repeatedly followed someone else, (3) while an injunction was entered for the victim’s protection against domestic violence (or certain other forms of violence), and (4) you knew the injunction was entered against you. Most often, aggravated stalking charges are brought when there are multiple injunction violations that have been calculated to threaten or harass.

The language of the injunction will dictate its terms and how long it will be in place. You should be aware that a circuit court judge can order an injunction to stay in full force and effect permanently. In other words, it could last indefinitely unless the court orders it dissolved or modified. Neither you nor the victim can change the rules put in place by the injunction without first getting the court to modify the injunction terms.

There are different kinds of domestic violence injunction violations. You might be charged for a violation involving your refusal to vacate a home shared with the victim, going within 500 feet of the victim or their home or job, intentionally threatening to perpetrate violence against the victim, or committing another act of domestic violence against the person who is protected. You could also be charged for calling the victim or contacting the victim on social media. You could be charged for intentionally going within 100 feet of the victim’s car whether or not he or she is in it. You could also be charged for defacing the victim’s car or other personal property.

Domestic violence is a serious offense. A conviction for domestic violence can change your life in many ways. Additionally, if you are subject to a domestic violence injunction, your activities will be significantly constrained. An experienced lawyer can help if you’re charged with a domestic violence injunction violation in St. Petersburg. The skillful founder of Hanlon Law, Will Hanlon, is committed to providing strategic defenses to those accused of criminal offenses. Please contact Hanlon Law at 727.289.0222 or via our online form.