Domestic Violence: Domestic Violence Injunctions
Miami Domestic Violence Defense Lawyers
Violations of injunction for protection against domestic violence are taken seriously in Miami-Dade County and throughout the State of Florida. If a respondent violates a domestic violence injunction, the petitioner can contact the clerk of court in the county where the violation occurred. It does not matter that the injunction was issued by a judge in a different county. The clerk of courts can assist a petitioner in preparing an affidavit that supports the allegations of the violation of the injunction for protection against domestic violence. The criminal defense attorneys at DMT have represented clients in Miami and throughout South Florida accused of violating domestic violence injunctions.
Once the clerk of courts have assisted the petitioner/victim in completing the affidavit setting forth the violation, it will be forwarded to the state attorney's office and to a particular judge that has been assigned to review domestic violence violation affidavits. A copy of the petitioner's affidavit will also be forwarded to local law enforcement for investigation. The local law enforcement agency is required to compete an investigation within 20 days and forward an investigative report to the state attorney's office. The state attorneys' offices across the state are required to have an intake process to determine whether or not charges will be filed against a respondent for violating the injunction. The state attorney has 30 days to make a filing decision in the case. If a state attorney determines that they have a case, a warrant may be issued and the respondent will be eventually arrested to face criminal charges in a circuit court that handles criminal cases. Alternatively, the state attorney may present a rule to show cause in civil circuit court where the respondent can be held in contempt of court for violating a court order. Note that both options can be pursued.
The Florida Statutes defines what constitutes a willful violation of an injunction for protection against domestic violence. The following are considered violations:
- Refusing to vacate a dwelling;
- Going to, or being within 500 feet of the petitioner's residence , school or place of employment;
- Committing an act of domestic violence against the petitioner;
- Making intentional unlawful threats by words or acts;
- Making contact directly or indirectly by telephone, e-mail, text, etc.;
- Defacing or destroying the petitioner's personal property;
- Refusing to surrender firearms or ammunition if court order.
Any person against whom has been issued an injunction for protection against domestic violence knowingly, willfully, maliciously, and repeatedly follows, harasses, or cyber-stalks a petitioner can be charged with a 3rd degree felony punishable up to five years in prison. Any one being arrested for violating a domestic violence injunction should contact a criminal lawyer experienced in defending these types of cases.
To speak with an experienced Miami DUI domestic violence injunction lawyer at the criminal defense law firm of DMT about your case or any other matter relating to an injunction violation, please contact us to schedule a free consultation. DMT represents petitioners and respondents in all injunction matters. You can contact our office at (305) 340-2197 or reach us by completing our contact page
or by sending an e-mail.