Experienced Injunction Violation Attorney
Injunction Violations | Titusville, Melbourne, Cocoa, Palm Bay Criminal Defense Attorney
Violation of Domestic Violence Injunction constitutes a criminal offense in Brevard County, Florida. At Onek & Mawn, PA, we have over 65 years of criminal defense experience to assist you with violation of a domestic violence or repeat violence injunctions. If you have been arrested, contact us immediately to discuss your case with experienced criminal defense attorneys.
What is an Injunction?
An “injunction” is a court order issued by a circuit court prohibiting one’s ability to have contact with another person or place. Florida injunctions are often referred to as “restraining orders,” and are usually issued in cases involving allegations of domestic violence. A violation of an injunction for protection against domestic violence is classified as a first-degree misdemeanor under Florida law. This crime is punishable by up to one year in jail, 12 months probation, and a $1,000.00 fine. Retaining an experienced criminal defense attorney should be your top priority.
Injunction Violations under Florida Law
According to Florida Statute 741.31(4)(a) A person violating an injunction for protection against domestic violence by:
- 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; or
- Refusing to surrender firearms or ammunition if ordered to do so by the court commits a misdemeanor of the first degree. Additionally, it is a misdemeanor of the first degree for a person with an injunction for protection against domestic violence to possess a firearm or ammunition.
Brevard County Injunction Violation Attorney
If you have been arrested for a domestic violence injunction violation in Melbourne, Palm Bay, Cocoa, Cocoa Beach, Merritt Island, Titusville, Rockledge, Cape Canaveral, Satellite Beach, Indian Harbour Beach, West Melbourne, Melbourne Village, Melbourne Beach, Viera, Indialantic, Palm Shores, Grant-Valkaria, Mims, or in the State of Florida, please contact us immediately to schedule your free consultation.