Miami Domestic Violence and Restraining Order Violations

Miami Domestic Violence and Restraining Order Violations

Domestic violence is a serious issue that affects many people in Miami and across the country. Restraining orders are often used to try to protect victims from further abuse. However, violations of these orders still frequently occur. This article will provide an overview of domestic violence restraining orders in Miami, what happens when they are violated, and potential defenses.

What is a Domestic Violence Restraining Order?

A domestic violence restraining order, also called a protective order or injunction, is a court order that restricts the behavior of someone who has committed or threatened acts of violence against a family or household member. It is intended to prevent further harm.

Some common provisions in a domestic violence restraining order include:

• Prohibiting the restrained person from contacting the victim, either directly or indirectly through third parties
• Requiring the restrained person to stay a certain distance away from the victim’s home, workplace, school, etc.
• Prohibiting the restrained person from possessing firearms
• Granting temporary custody of minor children to the victim
• Requiring the restrained person to participate in counseling or batterer intervention programs

In Florida, there are several types of injunctions that can be issued in domestic violence situations, including the Injunction for Protection Against Domestic Violence and the Injunction for Protection Against Repeat Violence – see this article for more details.

What Happens if a Restraining Order is Violated?

Although restraining orders are civil orders issued by a judge in civil court, violating one is a criminal offense in Florida. Even a single violation can result in criminal charges.

Under Florida law, violating a domestic violence injunction is a first-degree misdemeanor, punishable by up to one year in jail and a $1000 fine – see the statute here. If there are repeated violations, the penalties increase.

Some common ways restraining orders can be violated include:

• Directly contacting the victim in any way – in person, by phone, text, email, social media, etc.
• Going near the victim’s home, workplace, or other prohibited locations
• Getting someone else to contact the victim on your behalf
• Possessing firearms if prohibited from doing so

It’s important to understand that even accidental or unintentional contact can sometimes lead to charges – for example, if you accidentally run into the victim at a store. The injunction is still valid even if the victim initiates contact with you first.

If you believe you may have violated a restraining order, it’s important to speak to a criminal defense attorney right away to protect your rights – see this article for more details. An attorney may be able to negotiate with prosecutors or work to get charges reduced or dismissed.

How Long Do Restraining Orders Last?

The duration of a domestic violence restraining order can vary:

• A temporary restraining order may be issued ex parte (without the restrained person present) and can last until a court hearing.
• At the hearing, if the judge issues a final injunction, it may have no expiration date – meaning it is permanent unless modified or dissolved.
• Or, the final injunction may be issued for a limited time such as 1 year, 5 years, etc.

The best way to fight a permanent or long-term injunction is to contest it at the initial hearing, with the help of an experienced attorney. There are various legal defenses that may apply.

How to Fight or Modify a Restraining Order

If you have been served with a temporary restraining order, it’s advisable to consult with a defense lawyer right away to protect your rights and avoid unintended violations. An attorney can help in several ways:

• Fight the order at the hearing and try to get it dismissed completely
• Negotiate to limit the scope or duration of the injunction
• Advise you on how to comply with the order to avoid violations
• Defend you if you are charged with a violation
• File motions to modify or dissolve the injunction if circumstances change

Some common legal defenses and strategies in restraining order cases include:

• The petitioner’s evidence or testimony is weak or lacks credibility
• There was no qualifying act of domestic violence under the law
• The order is overly broad or burdensome
• You acted in self-defense
• There has been no further violence or threats, so the order is no longer needed

An experienced Miami restraining order lawyer like Michael Mirer can assess the facts in your case and build the strongest defense. It is advisable to have legal representation at any injunction hearing.

Conclusion

Domestic violence injunctions restrict a person’s liberty in Florida. Violating one is a criminal offense with serious penalties. These orders should not be taken lightly.

If you are facing an injunction, or have been charged with violating one, an attorney can protect your rights and help achieve the best possible outcome. A skilled lawyer may be able to get an injunction dismissed, modified, or work to avoid a criminal conviction if you have been charged with a violation.