When a domestic violence injunction is issued against you in Lakeland, Florida, you may suddenly face orders that affect your daily life, living situation, ability to contact loved ones, and even rights related to parenting and firearms. The impact of these court orders is often underestimated, especially since judges can grant temporary protections with little advance notice.
Responding quickly is important to protect your rights, understand the restrictions you must follow, and prepare for the final hearing. If you need help, Grajek Criminal Defense Attorneys can help. Call us today at (863) 688-4606 to schedule a confidential consultation with a Lakeland domestic violence injunctions lawyer.
Why Choose Grajek Criminal Defense Attorneys for Help With a Domestic Violence Injunction in Lakeland, FL?
Facing a domestic violence injunction in Lakeland, FL, can mean quick court dates and restrictions that affect nearly every part of your life.
At Grajek Criminal Defense Attorneys, you benefit from a legal practice that offers:
- Over 30 years of criminal law practice throughout Central Florida
- Over 130 positive client reviews
- Experience taking on challenging cases and fighting for favorable results
A domestic violence injunction is a civil matter, but violating one can lead to criminal charges. A Lakeland criminal defense lawyer from our firm can help you understand the order, prepare for court, and respond if you are accused of violating its terms. Call us today for a confidential consultation with a Lakeland domestic violence lawyer.
Overview of Domestic Violence Injunctions in Florida
A domestic violence injunction in Florida is a civil court order designed to protect someone from domestic violence or an imminent threat of domestic violence by a family or household member.
Florida law defines family or household members to include spouses, former spouses, people related by blood or marriage, people who currently or previously lived together as a family, and parents of a child in common. Except for parents who share a child, the parties generally must currently live together or have previously lived together in the same dwelling.
A judge who approves an injunction can put substantial restrictions in place. Depending on the circumstances, an order may prohibit contact, require one party to leave a shared home, establish temporary time-sharing arrangements, address support, require treatment or counseling, or impose restrictions involving firearms.
A judge may issue a temporary injunction before the respondent has an opportunity to appear in court if the petition shows an immediate and present danger of domestic violence. A temporary injunction generally lasts no more than 15 days. A full hearing is usually scheduled before it expires, although the court can grant a continuance when permitted by law.
Violating an injunction can lead to criminal charges separate from any underlying domestic violence allegation. Our Lakeland domestic violence attorney can review your circumstances and help you understand your rights, options, and legal protections.
What Are the Penalties for Violating a Domestic Violence Injunction in Lakeland, Florida?
Under Florida law, a willful violation of a domestic violence injunction is generally a first-degree misdemeanor. A conviction can result in up to one year in jail and a fine of up to $1,000.
Under current Florida law, a person with one or more prior convictions for domestic violence or for violating an injunction or foreign protection order may face a third-degree felony for a subsequent qualifying injunction violation against the same victim. A third-degree felony can carry up to five years in prison and a fine of up to $5,000.
If a court finds a willful violation of a domestic violence injunction, it generally must order the respondent to attend a batterers’ intervention program unless it makes written findings explaining why the program would be inappropriate. A person who suffers an injury or financial loss because of an injunction violation may be able to seek economic damages, including certain enforcement costs and attorney’s fees.
A qualifying final domestic violence injunction can also prohibit the respondent from possessing firearms or ammunition while the injunction remains in effect.
A violation can also expose you to separate criminal charges and additional collateral consequences.
What Defenses Can Be Raised If I’m Arrested for Violating a Domestic Violence Injunction?
An arrest for violating a domestic violence injunction does not automatically mean you will be convicted. The available defenses depend on the language of the order and the facts surrounding the alleged violation.
Potential defenses include:
- Lack of Willfulness or Accidental Contact: A criminal violation must be willful. For example, unexpectedly encountering the protected person at a grocery store is different from deliberately going somewhere to find that person or intentionally making prohibited contact. What happens after an accidental encounter can also matter.
- Lack of Knowledge or Notice: Questions about whether the respondent knew about the injunction may be relevant when determining whether an alleged violation was willful.
- Mistaken Identity: In some cases, the respondent may dispute being the person who made prohibited contact, damaged property, or appeared at a restricted location.
- Injunction Was No Longer in Effect: There may be no violation if the injunction had expired, had been dissolved, or had been modified so that the alleged conduct was no longer prohibited.
Speaking with a Lakeland criminal defense attorney early can allow more time to identify applicable defenses and preserve evidence relevant to the case.
Schedule a Confidential Case Evaluation With Our Lakeland Domestic Violence Injunctions Lawyer Today
A domestic violence injunction can create serious personal and legal complications. The restrictions may affect where you live, whom you can contact, parenting arrangements, and firearm possession.
If you have been served with an injunction, are preparing for a final hearing, or have been accused of violating an existing order, Grajek Criminal Defense Attorneys can review your situation and explain your options. Contact our office to schedule a confidential consultation with a Lakeland domestic violence injunctions attorney.