Violating A Florida Domestic Violence Injunction

Domestic violence injunctions (DVIs) exist to protect alleged victims from mistreatment by their abusers. A court can grant a temporary or long-term injunction if an alleged victim can show the appropriate grounds that make it necessary, and if one is granted against you, it is crucial that you not try to contact your alleged victim. Violating a Florida domestic violence injunction is a crime, regardless of your intentions.

Has The Force Of Law

A domestic violence injunction is a type of protective order, meaning that the respondent in this type of case must refrain from contacting the petitioner (the person who obtained the order) for a certain period of time. Too many people seem to think that an injunction does not have the force of law, but in reality, they are court orders, meaning that ignoring them can lead to jail time and worse consequences. This is true even if the respondent simply wants to talk – no contact means no contact.

Most of these offenses are prosecuted as first-degree misdemeanors, though there are more severe consequences for those who commit multiple willful violations. A first degree misdemeanor can carry up to 1 year in jail, plus fines and court costs. This may not sound particularly harsh, but after someone is released, they cannot have their record sealed or have the charge expunged – for the rest of their life, they will have a criminal record.

Possible Defenses Exist

If you have a DVI against you, there are specific behaviors and activities laid out in the relevant statute that will constitute a violation. While obviously, committing any kind of violent act against the petitioner is a crime, some actions fall under this statute that the average person might not be aware of. For example, if the petitioner and respondent share a home, the law requires the respondent to temporarily vacate the premises. They cannot simply refuse.

That said, there are valid defenses when a person alleges that a DVI has been violated. Lack of intent to commit a violation counts as a defense, but it can be difficult to prove a negative – in other words, it is hard to show that you did not intend to do something. In some cases, you may simply have had no notice of the DVI – for example, if notice was delivered to the wrong address. Enlisting the right attorney can help ensure your rights are protected.

Contact A West Palm Beach Domestic Violence Attorney

DVIs are intended to be a bulwark against further victimization for alleged victims. If you violate an injunction, the repercussions will be significant – but either way, you deserve your day in court. A West Palm Beach criminal defense attorney from Perlet & Shiner, P.A. can ensure you get a fair shake in court. Call our office today at (561) 721-0552 to schedule a consultation.