Violating A Domestic Violence Injunction Is A Crime

A domestic violence injunction (DVI) is issued in a case where an alleged victim can show that they have either been a victim of domestic violence, or have “reasonable cause to believe” that they will very soon become a victim of domestic violence. If you have a DVI currently enforced against you, it is crucial that you take it seriously and do not attempt to contact your alleged victim. If you do, you may face additional charges on top of any stemming from the original domestic dispute.

Ex Parte vs Permanent Injunctions

It can sometimes be a shock to learn that a person has been granted a DVI against you. While a permanent injunction can only be granted against you after a hearing where you may tell your side of the story, a temporary or ex parte injunction can be granted if a person can demonstrate reasonable fear of future violence. It is not uncommon for a person to feel as though their actions did not rise to the level of warranting an order of protection against them.

Regardless of your feelings on the matter, however, a DVI or any other order of protection must be taken seriously. The Florida legislature has shown a determined interest in protecting the rights and safety of alleged crime victims, and if a person consciously violates a DVI, they will experience consequences, both for violating a court order and for endangering their alleged victim’s safety.

Consequences For Violations

In rare situations, a DVI may be violated accidentally – but the overwhelming majority of DVI violations are intentional. There are many different reasons why a defendant may choose to violate the injunction against them, but even if you do it with the best possible intentions, it can still lead to criminal penalties. This kind of violation constitutes contempt of court, as well as being its own criminal charge, and at a minimum, will be charged as a first-degree misdemeanor. If convicted, you face up to a year in jail, plus fines and court costs.

It is worth noting, as well, that having an active injunction against you can adversely affect areas of your life even if you are not convicted of any crime – for example, Florida does not have ”ban the box” laws, which protect those with a criminal record from employment discrimination. In general, it will almost certainly be in your best interests to attack the fundamentals of the case against you, with the right attorney on your side.

Call A West Palm Beach Domestic Violence Attorney

If you have a domestic violence injunction currently in force against you, it is important that you understand exactly what that entails. A West Palm Beach criminal defense attorney from the firm of Perlet & Shiner, P.A. can help. Contact our office today to speak to an attorney.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0741/Sections/0741.30.html