Phone: (239) 210-2100 | Fax: (866) 397-1370
INJUNCTION FOR DOMESTIC VIOLENCE
It is a very simple process for you, as a woman or a man, to obtain a domestic violence injunction against your spouse or another family member, including a live-in boyfriend. You do not need a lawyer and it is very easy for people to show up in family services and fill out a form, talk to a clerk and wait until just before 5:00 pm to find out your injunction has been denied or granted. A lot of people show up in family services very angry and willing to lie to get their significant other out of the house.
Judges in Lee County generally treat a request for an injunction in one of 3 ways:
Grant it with a hearing; Deny it with a hearing: Deny it without a hearing.
Individuals are sometimes arrested for Violation of a Domestic Violence Injunction. Although a Domestic Violence Injunction is a civil matter, if a person allegedly violates either a temporary or permanent injunction, he or she may be charged with a criminal offense.
Sometimes a person consents to an Injunction or waives having an attorney present during a hearing without knowing of the consequences. If a temporary Injunction becomes permanent there can be no contact with the Petitioner, You may also lose contact with your child or children. The Court can also award temporary child support, and order that you can no longer possess a firearm.
Frequently, persons will use the Domestic Violence System as a tool to get a spouse or significant other out of the house, keep him or her away from the children or for a "quickie divorce." In Florida, actions that violate a domestic violence injunction include just about any contact, such as calling, texting or communicating on facebook. If an injunction is in place against you and you accidentally wander into the other party, whether in a bar or Walmart, you should immediately retreat.
Florida Statute 741.31 Violation of an injunction for protection against domestic violence
(1) In the event of a violation of the injunction for protection against domestic violence when there has not been an arrest, the petitioner may contact the clerk of the circuit court of the county in which the violation is alleged to have occurred. The clerk shall either assist the petitioner in the preparation of an affidavit in support of the violation or direct the petitioner to the office operated by the court within the circuit that has been designated by the chief judge of that circuit as the central intake point for injunction violations and where the petitioner can receive assistance in the preparation of the affidavit in support of the violation.
(2) The affidavit shall be immediately forwarded by the office assisting the petitioner to the state attorney of that circuit and to such court or judge as the chief judge of that circuit determines to be the recipient of affidavits of violation. If the affidavit alleges a crime has been committed, the office assisting the petitioner shall also forward a copy of the petitioner’s affidavit to the appropriate law enforcement agency for investigation. No later than 20 days after receiving the initial report, the local law enforcement agency shall complete their investigation and forward the report to the state attorney. The policy adopted by the state attorney in each circuit under s. 741.2901(2), shall include a policy regarding intake of alleged violations of injunctions for protection against domestic violence under this section. The intake shall be supervised by a prosecutor who, pursuant to s. 741.2901(1), has been designated and assigned to handle domestic violence cases. The state attorney shall determine within 30 working days whether its office will proceed to file criminal charges, or prepare a motion for an order to show cause as to why the respondent should not be held in criminal contempt, or prepare both as alternative findings, or file notice that the case remains under investigation or is pending subject to some other action.
(3) If the court has knowledge, based on its familiarity with the case, that the petitioner, the children of the petitioner, or another person is in immediate danger if the court fails to act prior to the decision of the state attorney to prosecute, it should immediately issue an order of appointment of the state attorney to file a motion for an order to show cause as to why the respondent should not be held in contempt. If the court does not issue an order of appointment of the state attorney, it shall immediately notify the state attorney that the court is proceeding to enforce the violation through criminal contempt.
(4)(a) A person who willfully violates an injunction for protection against domestic violence by:
1. Refusing to vacate the dwelling that the parties share.
2. 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;
3. Committing an act of domestic violence against the petitioner;
4. Committing any other violation of the injunction through an intentional unlawful threat, word, or act to do violence to the petitioner;
5. Telephoning, contacting, or otherwise communicating with the petitioner directly or indirectly, unless the injunction specifically allows indirect contact through a third party
6. Knowingly and intentionally coming within 100 feet of the petitioner’s motor vehicle, whether or not that vehicle is occupied;
7. Defacing or destroying the petitioner’s personal property, including the petitioner’s motor vehicle; or
8. Refusing to surrender firearms or ammunition if ordered to do so by the courtcommits a misdemeanor of the first degree
As you can see the statute is all encompassing and may set a trap for a person who does not intend to violate the Injunction. The Prosecutor must proove intent, like most crimes, and if the State cannot prove intent that one violates than a case should not go forward.
It is a very simple process for you, as a woman or a man, to obtain a domestic violence injunction against your spouse or another family member, including a live-in boyfriend. You do not need a lawyer and it is very easy for people to show up in family services and fill out a form, talk to a clerk and wait until just before 5:00 pm to find out your injunction has been denied or granted. A lot of people show up in family services very angry and willing to lie to get their significant other out of the house.
Judges in Lee County generally treat a request for an injunction in one of 3 ways:
Grant it with a hearing; Deny it with a hearing: Deny it without a hearing.
Individuals are sometimes arrested for Violation of a Domestic Violence Injunction. Although a Domestic Violence Injunction is a civil matter, if a person allegedly violates either a temporary or permanent injunction, he or she may be charged with a criminal offense.
Sometimes a person consents to an Injunction or waives having an attorney present during a hearing without knowing of the consequences. If a temporary Injunction becomes permanent there can be no contact with the Petitioner, You may also lose contact with your child or children. The Court can also award temporary child support, and order that you can no longer possess a firearm.
Frequently, persons will use the Domestic Violence System as a tool to get a spouse or significant other out of the house, keep him or her away from the children or for a "quickie divorce." In Florida, actions that violate a domestic violence injunction include just about any contact, such as calling, texting or communicating on facebook. If an injunction is in place against you and you accidentally wander into the other party, whether in a bar or Walmart, you should immediately retreat.
Florida Statute 741.31 Violation of an injunction for protection against domestic violence
(1) In the event of a violation of the injunction for protection against domestic violence when there has not been an arrest, the petitioner may contact the clerk of the circuit court of the county in which the violation is alleged to have occurred. The clerk shall either assist the petitioner in the preparation of an affidavit in support of the violation or direct the petitioner to the office operated by the court within the circuit that has been designated by the chief judge of that circuit as the central intake point for injunction violations and where the petitioner can receive assistance in the preparation of the affidavit in support of the violation.
(2) The affidavit shall be immediately forwarded by the office assisting the petitioner to the state attorney of that circuit and to such court or judge as the chief judge of that circuit determines to be the recipient of affidavits of violation. If the affidavit alleges a crime has been committed, the office assisting the petitioner shall also forward a copy of the petitioner’s affidavit to the appropriate law enforcement agency for investigation. No later than 20 days after receiving the initial report, the local law enforcement agency shall complete their investigation and forward the report to the state attorney. The policy adopted by the state attorney in each circuit under s. 741.2901(2), shall include a policy regarding intake of alleged violations of injunctions for protection against domestic violence under this section. The intake shall be supervised by a prosecutor who, pursuant to s. 741.2901(1), has been designated and assigned to handle domestic violence cases. The state attorney shall determine within 30 working days whether its office will proceed to file criminal charges, or prepare a motion for an order to show cause as to why the respondent should not be held in criminal contempt, or prepare both as alternative findings, or file notice that the case remains under investigation or is pending subject to some other action.
(3) If the court has knowledge, based on its familiarity with the case, that the petitioner, the children of the petitioner, or another person is in immediate danger if the court fails to act prior to the decision of the state attorney to prosecute, it should immediately issue an order of appointment of the state attorney to file a motion for an order to show cause as to why the respondent should not be held in contempt. If the court does not issue an order of appointment of the state attorney, it shall immediately notify the state attorney that the court is proceeding to enforce the violation through criminal contempt.
(4)(a) A person who willfully violates an injunction for protection against domestic violence by:
1. Refusing to vacate the dwelling that the parties share.
2. 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;
3. Committing an act of domestic violence against the petitioner;
4. Committing any other violation of the injunction through an intentional unlawful threat, word, or act to do violence to the petitioner;
5. Telephoning, contacting, or otherwise communicating with the petitioner directly or indirectly, unless the injunction specifically allows indirect contact through a third party
6. Knowingly and intentionally coming within 100 feet of the petitioner’s motor vehicle, whether or not that vehicle is occupied;
7. Defacing or destroying the petitioner’s personal property, including the petitioner’s motor vehicle; or
8. Refusing to surrender firearms or ammunition if ordered to do so by the courtcommits a misdemeanor of the first degree
As you can see the statute is all encompassing and may set a trap for a person who does not intend to violate the Injunction. The Prosecutor must proove intent, like most crimes, and if the State cannot prove intent that one violates than a case should not go forward.
Phone: (239) 210-2100 | Fax: (866) 397-1370