When a court issues a domestic violence injunction, it gives you the protection and peace of mind you deserve. But breaking this legal order can lead to serious consequences for both sides, affecting the accused and the person needing protection.
At Orlando Family Team, we’re here to help you through these challenging times. We take a compassionate, personalized approach to family law, backed by years of experience helping families across Central Florida. Whether you need someone to help keep you safe or to defend your rights, we’re here for you every step of the way. Contact us today to speak with an experienced domestic violence attorney.
Understanding Domestic Violence Injunctions in Florida
Domestic violence injunctions, often referred to as restraining orders, are court orders that prohibit an individual (the respondent) from engaging in certain behaviors toward the petitioner. This may include physical violence, threats, stalking, or any form of contact that could endanger the petitioner’s safety. The injunction typically outlines specific prohibitions, such as staying away from the petitioner’s residence, workplace, or school and not contacting them via phone, email, or social media.
Florida law takes these orders seriously to protect victims of domestic violence. However, ensuring that individuals accused of violating these orders receive fair representation and due process is equally important.
What Constitutes a Violation of a Domestic Violence Injunction?
Violations of a domestic violence injunction can occur in several ways. Some of the most common violations include:
- Contacting the petitioner–Any form of communication, whether through phone calls, texts, emails, social media, or third parties.
- Coming near protected locations–If the injunction specifies areas the respondent must avoid (e.g., the petitioner’s home, workplace, or other places frequently visited), entering these locations is a direct violation.
- Acts of violence or harassment–Any act of violence, intimidation, or harassment, even if it does not occur face-to-face, can be considered a violation.
- Possession of firearms–In many cases, injunctions prohibit the respondent from possessing firearms. Violating this condition is also grounds for legal action.
It’s important to remember that even if the petitioner initiates contact or appears to permit interaction, the respondent must adhere to the injunction’s terms until it is legally modified or lifted by the court.
Consequences of Violating a Domestic Violence Injunction
Violating a domestic violence injunction is a criminal offense in Florida and may result in serious penalties. These can include:
- Misdemeanor charges–A first-time violation is typically charged as a misdemeanor, which can result in jail time, fines, and probation.
- Felony charges–Repeated violations or violations involving physical violence or threats may lead to felony charges, carrying harsher penalties, including extended imprisonment and heavier fines.
- Additional injunctions–In some cases, violating an injunction may lead to further legal restrictions, including more severe or extended protective orders.
If you’ve been accused of violating an injunction, it is essential to seek legal assistance immediately to understand your rights and build a defense.
How Orlando Family Team Can Help
At Orlando Family Team, we understand just how overwhelming and emotional these situations can be. Whether you’re seeking an injunction for your safety or defending against one, the uncertainty can be daunting. We’re here to offer you our legal guidance and the compassionate support you need during this challenging time.
Our husband-and-wife team, Ophelia Bernal-Mora, Esq., B.C.S., and Andrew Nickolaou, Esq., B.C.S., bring a wealth of experience in family law, coupled with a genuine commitment to helping clients navigate complex legal and emotional issues. We pride ourselves on providing clear guidance, listening to your concerns, and advocating for your best interests. You can count on us to be by your side, protecting your rights every step of the way.
Talk to an Experienced Domestic Violence Attorney Today
If you are facing a domestic violence injunction, or if you need assistance enforcing an injunction, Orlando Family Team is here to help. We offer confidential consultations to discuss your case and provide the support you need. Reach out to us today for a confidential consultation.
