Violation of Domestic Violence Injunction
Florida Violation of Domestic Violence Injunction
To prove the crime of Violation of a Domestic Violence Injunction in Florida, the State must prove the following:
- A court issued an injunction for protection against domestic violence against the accused.
- The accused willfully violated the injunction by doing one of the following:
- Refusing to vacate the dwelling that the parties share.
- Going to, or being within 500 feet of, the petitioner’s residence, school, place of employment, or a specified place frequented regularly by the petitioner and any named family or household member.
- Committing an act of domestic violence against the petitioner.
- Committing any other violation of the injunction through an intentional unlawful threat, word, or act to do violence to the petitioner.
- Telephoning, contacting, or otherwise communicating with the petitioner directly or indirectly, unless the injunction specifically allows indirect contact through a third party.
- Knowingly and intentionally coming within 100 feet of the petitioner’s motor vehicle, whether or not that vehicle is occupied.
- Defacing or destroying the petitioner’s personal property, including the petitioner’s motor vehicle.
- Refusing to surrender firearms or ammunition if ordered to do so by the court.
What are the maximum penalties for a Violation of Domestic Violence Injunction in Florida?
In Florida, a Violation of Domestic Violence Injunction is a first-degree misdemeanor punishable by a maximum of:
One year of imprisonment
A $1,000.00 fine
12 months of probation
Possible Defenses to a Florida Violation of Domestic Violence Injunction Charge
The Witnesses are Lying
Alleged victims and witnesses in a Violation of Domestic Violence Injunction case sometimes make false accusations because they have a motive to lie. For example, child custody issues, cheating in a relationship, and other conflicts can motivate a person to claim a Violation of Domestic Violence Injunction occurred when it did not. A Defense Attorney can expose these motivations and attack false allegations.
Lack of Notice of the Injunction
The prosecutor must prove that the accused was served with the injunction or had some other notice of the injunction. If the prosecutor can’t prove the accused knew about the injunction, the accused is not guilty.
The Contact was Unintentional
In order for a person to be convicted of violating a Domestic Violence Injunction, the contact must have been intentional. Therefore, if the accused happened to meet the subject of the injunction in a public place on accident, no crime has been committed.
What if the Other Person Wants Contact?
Only a judge can remove an injunction. Even though the person who requested the injunction might change their mind and decide that they want to have contact, the injunction stays in place and the police can still arrest the subject of the injunction if the terms of the injunction are violated.
Are you looking for the best lawyer for a charge of Violation of Domestic Violence Injunction in Tampa Florida? Contact Attorney David C. Hardy
Tampa Attorney David C. Hardy is a former prosecutor that now represents persons accused of Violations of Domestic Violence Injunctions. He is Board Certified by the Florida Bar and the National Board of Trial Advocacy as an Expert in Criminal Trial Law. As a prosecutor and defense attorney, he has extensive experience handling all types of Domestic Violence cases.
If you or a loved one has been arrested for a Violation of a Domestic Violence Injunction in Hillsborough County Florida, Pinellas County Florida, or Pasco County Florida, Attorney David C. Hardy has the knowledge, skills, and experience to guide you through this process and obtain the best possible results.