Violating a Restraining Order
Restraining Order Violation Defense Lawyers
Jacksonville Criminal Law Attorneys Defend Clients Charged With Restraining Order Violations
Handling Your Injunction Violation Quickly And Effectively
A restraining order, which Florida law refers to as an injunction, is a court order that restricts a person’s ability to have contact with another person. If you’re charged with domestic violence and the court has issued a restraining order against you, whether that order prohibits you from contact with a spouse or former spouse, a person related by blood or marriage, a person you lived with or have a child in common with, it’s important for you to abide by that order. If, however, you’re arrested for violating that order, it’s even more important that you seek legal help as soon as possible.
At Fallgatter & Catlin, P.A., our experienced criminal defense attorneys work quickly to mitigate the legal damage that follows the violation of a restraining order, which may include jail time and heavy fines. While injunction violations are often treated as first-degree misdemeanors, repeated violations can lead to a felony charge of aggravated stalking. By intervening early, we can try to persuade the prosecution not to proceed with a formal charge.
Defenses To Restraining Order Violations
Depending on the circumstances of your domestic violence case, the restraining order against you may be temporary or permanent and, in the words of Florida Statute 741.315, prohibits you from:
- 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.
If you’re accused of violating a restraining order, these restrictions would appear to leave little room for defense. But when our knowledgeable attorneys can intervene early, we may be able to convince the prosecution to drop its charge by showing that:
- The contact between you and the other party was consensual.
- It was initiated by the other party.
- The petitioner wants to reconcile and drop the injunction.
- The injunction was temporary and the petitioner doesn’t want to make it permanent.
But even if we can’t get the prosecution to drop the injunction violation charge, we are ready and able to offer a defense that argues:
- The contact was unintentional.
- You received no notice of a final or permanent injunction.
We can also offer an effective plea bargain that mitigates the disposition of your charge. The state of Florida considers a restraining order violation a serious offense—that’s why you need a legal team such as ours at Fallgatter & Catlin, P.A., that is committed to protecting your rights and able to provide you with a vigorous defense.
Contact Us For Experienced Help With Your Restraining Order Violation
At Fallgatter & Catlin, P.A., our domestic violence lawyers in Jacksonville, Florida, are on your side, providing decades of criminal law experience. Involving a lawyer early in your case is vitally important and can often allow your charges to be dismissed or lessened. Take immediate action and call our office at 904-353-5800 or contact us online to arrange a consultation that is free, with no obligation.