After being served with a petition for a protective order against domestic violence, be careful to follow the letter and spirit of the court order. In many cases, the initial accusations are unfounded, but the respondent violates the court order by contacting the petitioner. Any violation of a temporary or permanent restraining order comes with serious criminal consequences.
In many of these cases the alleged victim invited or encourage the contact that violated the court order. Any violation typically results in no bond being granted, or a high bond being set in the case. Often the parties have children together and the terms of the protective order do not take into consideration the need for the parties to communicate for some legitimate purpose.
Never violate the terms of a protective order. Instead, petition the court to modify the order to allow for limited contact for a legitimate purpose. Do not initiate any prohibited contact until the terms of the court order are modified.
Violation of a Domestic Violence Injunction Attorney in Tallahassee, FL
If you are charged with violating the protective order against domestic violence, dating violence, sexual violence or repeat violence, then contact an experienced criminal defense attorney at the Law Offices of Don Pumphrey, Jr. Our offices are located in Tallahassee, Leon County, FL.
We also represent men and women charged with this serious offense in the surrounding areas including Bristol in Liberty County, Crawfordville in Wakulla County, Monticello in Jefferson County, or Quincy in Gadsden County, Florida.
Florida Statute § 741.31(4)(a) prohibits any person subject to a domestic violence injunction (restraining order) from violating the terms of that court order. The elements of the crime include:
- A final or temporary injunction for protection against domestic violence was issued by a court against the Defendant; and
- The Defendant willfully violated the domestic violence injunction by committing an act prohibited by the court order.
Under the statute, the term "willfully" is defined as purposely, knowingly and intentionally committing some act.
Violation of a Dating Violence, Sexual Violence or Repeat Violence Injunction in Florida
Although the crime is less commonly alleged, Florida law also prohibits any violation of a dating violence, sexual violence or repeat violence protective order or injunction under Florida Statute Section 784.047. In these cases, no domestic relationship exists between the petitioner and respondent. The elements of the crime include:
- An injunction for protection against dating violence, sexual violence, or repeat violence was issued by a court against the Defendant either on a temporary or permanent basis;
- The defendant willfully violated the terms of the injunction by committing some act that was prohibited in the court order.
Under this statute, the term "willfully" is defined as an act committed intentionally, knowingly and purposefully.
The Law Offices of Don Pumphrey, Jr. | Tallahassee Violation of Domestic Violence Injunction Lawyer
If you have been charged with violating a restraining order (also called an order for protection against domestic violence), then contact an experienced attorney with the Law Offices of Don Pumphrey, Jr. Discuss your domestic violence charge with an experienced domestic violence defense lawyer in Leon County, FL. Over 20 years of experience serving the Florida Panhandle, including Crawfordville in Wakulla County, Bristol in Liberty County, Quincy in Gadsden County, and Monticello in Jefferson County, Florida.
Contributor: Don Pumphrey, Jr.