Family Matters Law Group P.A.
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Violations of Domestic Violence Injunctions

Once a temporary domestic violence injunction is entered, and for so long as it or a final injunction remains in effect, the respondent is prohibited from contacting the Petitioner. Even prior to the respondent being served with the Petition, the injunction is in place and Respondent is prohibited from contacting or coming near the Petitioner. Although, a Judge would likely be lenient on a Respondent who actually was unaware of any Court Order prohibiting contact.

In Florida, Domestic Violence Injunctions (DVI) are a one-way street. Meaning, they prohibit the Respondent from contacting or coming near the Petitioner, but the Petitioner is not prohibited from doing anything (more on this later). What this means practically speaking is that if Mary has a DVI against Tom and Tom is in Costco with his cart loaded and waiting for check out and he spots Mary 2 carts behind him, Tom's best option is to leave. While is unlikely that criminal charges would be pressed for this type of a violation, it is Tom's job to make sure he is not within 500 ft. (or another distance if modified by Court order) of Mary.

If a Respondent contacts the Petitioner in any way, in person, via text message, via email, via phone call or by sending a third party he/she has violated the injunction. The Petitioner may then file an affidavit of violation which alerts the Judge that a violation has occurred. The Judge may then hold the Respondent in Contempt of Court and/or recommend that the State Attorney's Office press criminal charges against the respondent. Even though a domestic violence injunction case is a civil case, violation of these types of Orders can be considered criminal offenses which can result in the arrest of the Respondent and charging the respondent with a misdemeanor.

If you need you find yourself in violation of a Domestic Violence Injunction or need to discuss possible violations of a injunction, please contact Solaris Law Group for a free phone consultation.

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