Violation of Injunction Charges in Miami Criminal Cases

Violation of Injunction Charges in Miami Criminal Cases

Getting charged with violating an injunction in Miami can be extremely scary. I know, I’ve talked to many folks in this situation who felt their world was crashing down when they got arrested. Let’s take a deep breath though – this situation is manageable if you work with an experienced attorney. I’m here to walk you through the basics of injunction violations so you understand what you’re facing.

First off, what is an injunction? An injunction, commonly called a “restraining order,” is a court order that prohibits you from contacting another person, often someone who has accused you of domestic violence, stalking, or other concerning behavior. The goal of an injunction is to prevent threats, harassment, and abuse.

If you violate the terms of the injunction – for example, by contacting the person you’re ordered to stay away from – you can face criminal charges. This is where folks tend to freak out, which is totally normal. But don’t panic! An experienced lawyer can help you navigate this.

Common Questions About Injunction Violations

I know you probably have a ton of questions if you’re facing an injunction violation charge. Here are some of the common questions I get from clients:

• What’s the difference between an injunction and a stay away order? An injunction is usually issued in civil court, whereas a stay away order comes from criminal court. But they serve similar purposes in keeping you away from someone.
• What happens if I violate the injunction? You can be charged with a first degree misdemeanor, facing up to 364 days in jail, 12 months probation, and a $1,000 fine. Yikes!
• What kind of actions can violate an injunction? Basically any contact with the protected person, directly or indirectly. This includes calls, texts, social media, showing up at their home or work, contacting their family, and more.
• How does the court determine if I violated the injunction? They look at whether the violation was true and willful. An experienced attorney can raise defenses around these issues.

As you can see, injunction violations are serious business. The key is working with an attorney who can protect your rights and build the strongest defense.

Building Your Defense

There are various defenses we can use to fight an injunction violation charge:

• You didn’t actually commit the violation – for example, you have proof you were somewhere else at the time
• The contact was accidental – like bumping into the person at a store
• You have a valid reason for the contact – such as needing to exchange child custody
• The petitioner falsely accused you of violating the injunction

An experienced Miami criminal defense lawyer like myself will dig into the details of your case to figure out what really happened. I can collect evidence and witness statements to show the court you did not willfully violate the injunction.

If we don’t have a strong factual defense, I can negotiate with the prosecutor for reduced charges or probation instead of jail time. My #1 goal is keeping you out of jail!

What Happens After an Injunction Violation Arrest

Okay, let’s walk through what happens after you get arrested for an alleged injunction violation:

1. You’ll be held overnight in jail – Florida law requires this for all domestic violence arrests
2. In the morning, you’ll go before a judge who decides whether to set bond or release you
3. If released, you’ll be given a future court date for your injunction violation hearing
4. You’ll be ordered to have no contact with the petitioner while your case is pending
5. Your defense attorney (that’s me!) will start investigating the allegations and building your defense
6. We’ll appear in court on your hearing date and present your defense
7. The judge will decide whether you’re guilty based on the evidence – my job is getting you a not guilty verdict!

Having an attorney in your corner from the start is crucial, because we can start working on your defense right away. The sooner we can investigate and gather evidence, the stronger your case will be.

Why These Cases Are So Serious

You’re probably wondering why the courts treat injunction violations as such serious crimes. There’s a few reasons:

• They want to protect domestic violence victims from further harm
• They want to reinforce the integrity of the court’s orders
• They often assume the worst – that the violation was deliberate

While these motivations make sense, they can also be unfair in cases where the violation was accidental or the accusations are false. This is exactly why having an injunction lawyer is so crucial. I know how to stand up to the courts and present the full context of what happened.

How an Attorney Can Help

If you’re facing an injunction violation charge in Miami, I encourage you to act quickly and contact me for a free case review. As an experienced local attorney, here’s how I can help:

• Review your case details and give you honest legal advice
• Conduct a thorough investigation to build your defense
• Obtain supportive evidence like records, statements, and videos
• Negotiate with the prosecutor for reduced charges or probation
• Defend you in court and advocate for a not guilty verdict

Most importantly, I know how to tell your side of the story in a compelling way that resonates with the judge and prosecutor. My goal is keeping you out of jail and protecting your future. Don’t leave that in the hands of an overworked public defender. Hire an experienced private attorney who will fight for the best possible outcome in your case!

Conclusion

Dealing with an injunction violation charge is extremely difficult. But you don’t have to go through it alone. Now that you understand the basics of what you’re facing, I encourage you to set up a free case review with me as soon as possible. Together, we will get through this! My team and I are here to support and guide you each step of the way towards the best possible outcome. Don’t wait to call – let’s start building your defense today.