Injunction Defense Attorney in West Palm Beach, FL Challenging the Restrictions Imposed on You in Palm Beach County, Broward County, Martin County, and Throughout South Florida
In Florida, a victim of domestic violence or threatened domestic violence may seek court protection from future acts of domestic violence by obtaining a domestic violence injunction against their abuser. Individuals subject to injunctions must follow their terms; any violation of a domestic violence injunction can subject a defendant to further criminal penalties and consequences. However, some alleged violations arise from erroneous allegations or inadvertent mistakes rather than an intent to violate the injunction or harm individuals. An effective defense strategy can help defendants mitigate the consequences of charges of violating domestic violence injunctions.
When a family member or ex has accused you of violating a domestic violence injunction against you, get the legal help you need to advocate for your rights and reputation. Contact West Palm Beach injunction lawyer Brandon Dinetz today for an initial case review to discuss how he can help you pursue a favorable resolution to your charges.
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Understanding Florida Domestic Violence Injunctions
In Florida, a domestic violence victim or a person who reasonably believed they may soon become a victim of domestic violence can petition the courts for a domestic violence injunction. A court may issue an injunction when it finds that the defendant has either committed domestic violence or poses an imminent risk of committing domestic violence, and the victim needs an injunction to protect them from future domestic violence.
A domestic violence injunction issued by the court may impose various requirements and restrictions on a defendant, including:
- Restraining the defendant from committing future acts of domestic violence
- Awarding a victim or potential victim temporary exclusive possession and use of a residence shared by the parties and excluding the defendant from such residence
- Imposing a temporary custody order and parenting plan, which may award the victim 100 percent of parenting time
- Establishing temporary spousal or child support orders for the defendant
- Requiring the defendant to participate in batterers’ intervention, treatment, or counseling services at the defendant’s expense
- Referring the defendant to a certified domestic violence center
A domestic violence injunction may also direct a defendant to refrain from contacting the victim, whether via phone, text message, email, or social media, approaching the victim’s residence, place of work, or other locations, or coming within a specific distance of the victim in public. Alternatively, the court may restrict the parties’ communication to specific subjects, such as child custody/parenting time, or require the parties to communicate about such issues through their attorneys or other representatives.
Brandon Dinetz assists both petitioners seeking to have a domestic violence injunction placed for their protection and respondents defending against unreasonable restrictions arising out of allegations of domestic violence. He understands all of the nuances of domestic violence injunctions under Florida law and is prepared to help clients in either role prepare the strongest possible arguments in their favor.
Consequences of Violating a Domestic Violence Injunction
When a person violates the terms of a domestic violence injunction in Florida, they may face criminal prosecution on charges of violating the injunction, plus additional charges for any underlying criminal conduct that resulted in a violation, such as assaulting or stalking the victim. A conviction for a domestic violence injunction violation and other criminal charges for the underlying conduct can result in significant penalties, including jail/prison time, probation, and fines. The court may also amend the terms of the injunction if needed to address specific conduct to prevent future violations.
Defenses to Allegations of Violating Domestic Violence Injunctions
After getting accused of violating the terms of a domestic violence injunction against you, you might argue against a conviction and penalties by raising various factual or legal defenses to charges, including:
- Lack of intent: Many technical violations of a domestic violence injunction r result from an inadvertent mistake, such as a defendant and domestic violence victim ending up at the same public event. A defendant accused of violating an injunction in such a fashion may argue against a conviction by asserting that they did not intend to violate the injunction (and remedied the situation by immediately leaving the area, for example).
- Alibi: A defendant may challenge an alleged violation of a domestic violence injunction by presenting evidence showing they were somewhere else when the alleged incident occurred.
- Sufficiency of evidence: A defense strategy may focus on challenging the sufficiency of the state’s case to prove that the defendant violated a provision of their domestic violence injunction.
- Illegal searches/questioning: Defendants may seek to exclude state evidence by arguing that police unlawfully obtained it from the defendant.
Contact BD Law Today to Get Help from an Experienced Injunction Defense Attorney in West Palm Beach, FL
After being accused of violating a domestic violence injunction in South Florida, you need knowledgeable legal counsel to protect your rights and interests. Contact BD Law today for a confidential consultation with a West Palm Beach injunction lawyer to discuss your options for contesting your charges.