Orlando Domestic Violence Injunction Lawyer

If you have been served with a notice of hearing for an injunction for protection against domestic violence or have a filed a request for an injunction for protection against domestic violence in Orlando, Florida please contact Chris at 407-740-8300 to discuss what options may be available to get the injunction for protection granted or dismissed.

Injunction For Protection Against Domestic Violence

This type of injunction is for individuals who are currently married, formerly married, related by blood or marriage, living with you as a family now or has lived with you as a family in the past, or have children in common.

Orlando Injunction For Protection Against Domestic Violence Lawyer Since 1999

Chris has been representing individuals seeking and defending against injunctions for protection against domestic violence since 1999. Being an Orlando injunction for protection against domestic violence lawyer for so long has given Chris the opportunity to spend a lot of time working with the judges in Orlando that handle injunction for protection against domestic violence cases like yours. Experience dealing with those judges is important in achieving the best results in your Orlando injunction for protection against domestic violence case.

Different Orlando Injunction For Protection Against Domestic Violence Lawyers Get Different Results

When you have requested or have been served with a request for an injunction for protection against domestic violence in Orlando you need an aggressive, experienced, and knowledgeable lawyer like Chris to represent you. An injunction for protection against domestic violence can last forever and stay on your record for forever, therefore, it is important to be represented by the right lawyer. The better prepared you are for your court appearance the more likely it is you will get a favorable outcome. The best results possible are rarely obtained by just hoping for them. Get the help you need at Chris S. Boatright, P.A. to get the best results possible.

Violation Of An Injunction For Protection Against Domestic Violence Is A Crime.

A person who violates an injunction for protection against domestic violence commits a crime and can be prosecuted.

Testimony In the Injunction For Protection Hearing Can Be Used In A Criminal Case

Often times a request for an injunction for protection against domestic violence occurs along with a criminal charge like domestic violence or stalking.

Temporary Injunction For Protection

If a person requests an injunction for protection against domestic violence and the court finds a basis for that request the person will be given a temporary injunction for protection against domestic violence and the case will be set for a hearing to determine if the injunction for protection against domestic violence should remain in place or be dismissed.

Permanent Injunction For Protection

At the hearing for the injunction for protection against domestic violence a judge can issue an order either granting or denying the injunction for protection against domestic violence. If the injunction for protection against domestic violence is granted then the judge will also determine the length of time the injunction for protection against domestic violence will remain in place. If the injunction for protection against domestic violence is granted the judge will also set the conditions of the injunction for protection against domestic violence. These are things like not being allowed to contact the person, not being allowed to be within 500 feet of the person, not being allowed to be within 500 feet of the residence of the person, not being allowed to be within 500 feet of the place of employment of the person and not being allowed to possess firearms.

Effects Of An Injunction For Protection Against Domestic Violence

As a result of an injunction for protection against domestic violence being place against someone a judge can also require a person to complete a batterers’ intervention program in addition to a mental health evaluation and any recommended counseling from that evaluation. A permanent injunction for protection against domestic violence against a person will prohibit that person from ever possessing a firearm or ammunition.

Batterers’ Intervention Program

The batterers’ intervention program shall be at least 29 weeks in length and include 24 weekly sessions, plus appropriate intake, assessment, and orientation programming. The batterers’ intervention program shall be funded by user fees paid by the batterers who attend the program, which allows them to take responsibility for their acts of violence. An exception shall be made for local, state, or federal programs that fund batterers’ intervention programs in whole or in part.

Violation Of The Conditions Of The Injunction For Protection Against Domestic Violence

If a person violates a condition of the injunction for protection against domestic violence the person can be found in contempt and given a jail sentence.

Injunction For Protection Against Domestic Violence Information

If someone is a victim of any act of domestic violence or has reasonable cause to believe that they are in imminent danger of becoming a victim of domestic violence that person can ask the court for a protective order prohibiting domestic violence.

Domestic violence includes: assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any other criminal offense resulting in physical injury or death to petitioner by any of petitioner’s family or household members.

The person making the request to the court is called the petitioner.

The person whom the person is asking for protection from is called the respondent.

The domestic violence laws only apply to someone’s situation if the respondent is your spouse, former spouse, related to you by blood or marriage, living with you now or has lived with you or has lived with you in the past (if you are or were living as a family), or the other parent of your parent of your children whether or not the person has ever been married or ever lived together. with the exception of persons who have a child in common, the family or household members must be currently residing together or have in the past resided together or have in the past resided together in the same single dwelling unit.

In determining whether someone has reasonable cause to believe they are in imminent danger of becoming a victim of domestic violence, the court must consider all relevant factors alleged in the petition for a domestic violence injunction for protection, including, but not limited to the following:

(1) The history between the petitioner and the respondent, including threats, harassment, stalking, and physical abuse.

(2) Whether the respondent has attempted to harm the petitioner or family members or individuals closely associated with the petitioner.

(3) Whether the respondent has threatened to conceal, kidnap, or harm the petitioner’s child or children.

(4) Whether the respondent has intentionally injured or killed a family pet.

(5) Whether the respondent has used, or has threatened to use, against the petitioner any weapons such as guns or knives.

(6) Whether the respondent has physically restrained the petitioner from leaving the home or calling law enforcement.

(7) Whether the respondent has a criminal history involving violence or the threat of violence.

(8) The existence of a verifiable order of protection issued previously or from another jurisdiction.

(9) Whether the respondent has destroyed personal property, including, but not limited to, telephones or other communications equipment, clothing, or other items belonging to the petitioner.

(10) Whether the respondent engaged in any other behavior or conduct that leads the petitioner to have reasonable cause to believe that he or she is in imminent danger of becoming a victim of domestic violence.

Violation Of An Injunction For Protection Against Domestic Violence

A person who willfully violates an injunction for protection against domestic violence issued pursuant to Florida Statute 741.30, or a foreign protection order accorded full faith and credit pursuant to Florida Statute 741.315, 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 court

commits a misdemeanor of the first degree, punishable by a maximum of 1 year in jail and/or 1 year on probation and/or a $1,000 fine, except a person who has two or more prior convictions for violation of an injunction or foreign protection order, and who subsequently commits a violation of any injunction or foreign protection order against the same victim, commits a felony of the third degree, punishable by a maximum of 5 years in prison and/or 5 years probation and/or a $5,000 fine. For purposes of this paragraph, the term “conviction” means a determination of guilt which is the result of a plea or a trial, regardless of whether adjudication is withheld or a plea of nolo contendere is entered.

It is a violation of Florida Statute 790.233, and a misdemeanor of the first degree, punishable by a maximum of 1 year in jail and/or 1 year on probation and/or a $1,000 fine, for a person to violate a final injunction for protection against domestic violence by having in his or her care, custody, possession, or control any firearm or ammunition.

Whether or not there is a criminal prosecution for a violation of a domestic violence injunction, the court shall order the respondent to attend a batterers’ intervention program if it finds a willful violation of a domestic violence injunction, unless the court makes written factual findings in its judgment or order which are based on substantial evidence, stating why a batterers’ intervention program would be inappropriate.

Any person who suffers an injury and/or loss as a result of a violation of an injunction for protection against domestic violence may be awarded economic damages for that injury and/or loss by the court issuing the injunction. Damages includes costs and attorneys’ fees for enforcement of the injunction.

It is the intent of the Florida Legislature that the disabilities regarding possession of firearms and ammunition are consistent with federal law. Accordingly, this paragraph shall not apply to a state or local officer as defined in Florida Statute 943.10(14), holding an active certification, who receives or possesses a firearm or ammunition for use in performing official duties on behalf of the officer’s employing agency, unless otherwise prohibited by the employing agency.

Possession Of Firearms And/Or Ammunition Prohibited By An Injunction For Protection Against Domestic Violence

A person may not have in his or her care, custody, possession, or control any firearm or ammunition if the person has been issued a final injunction that is currently in force and effect, restraining that person from committing acts of domestic violence, as issued under Florida Statute 741.30 or from committing acts of stalking or cyberstalking, as issued under Florida Statute 784.0485.

A person who violates subsection (1) commits a misdemeanor of the first degree, punishable by a maximum of 1 year in jail and/or 1 year on probation and/or a $1,000 fine.

It is the intent of the Florida Legislature that the disabilities regarding possession of firearms and ammunition are consistent with federal law. Accordingly, this section does not apply to a state or local officer as defined in Florida Statute 943.10(14), holding an active certification, who receives or possesses a firearm or ammunition for use in performing official duties on behalf of the officer’s employing agency, unless otherwise prohibited by the employing agency.

Witness Tampering

A person who knowingly uses intimidation or physical force, or threatens another person, or attempts to do so, or engages in misleading conduct toward another person, or offers pecuniary benefit or gain to another person, with the intent to cause or induce any person to: withhold testimony; testify untruthfully in an official investigation or an official proceeding; be absent from an official proceeding to which such person has been summoned by legal process; violates Florida Statute section 914.22.

Florida Statute 914.21 Definitions.—As used in Florida Statute 914.22–914.24, the term:

(1) “Bodily injury” means:

(a) A cut, abrasion, bruise, burn, or disfigurement;

(b) Physical pain;

(d) Impairment of the function of a bodily member, organ, or mental faculty; or

(e) Any other injury to the body, no matter how temporary.

(2) “Misleading conduct” means:

(a) Knowingly making a false statement;

(b) Intentionally omitting information from a statement and thereby causing a portion of such statement to be misleading, or intentionally concealing a material fact and thereby creating a false impression by such statement;

(c) With intent to mislead, knowingly submitting or inviting reliance on a writing or recording that is false, forged, altered, or otherwise lacking in authenticity;

(d) With intent to mislead, knowingly submitting or inviting reliance on a sample, specimen, map, photograph, boundary mark, or other object that is misleading in a material respect; or

(e) Knowingly using a trick, scheme, or device with intent to mislead.

(3) “Official investigation” means any investigation instituted by a law enforcement agency or prosecuting officer of the state or a political subdivision of the state.

(4) “Official proceeding” means:

(a) A proceeding before a judge or court or a grand jury;

(b) A proceeding before the Legislature; or

(5) “Physical force” means physical action against another and includes confinement.

Florida Statute 914.22 Tampering with or harassing a witness, victim, or informant; penalties.—

(1) A person who knowingly uses intimidation or physical force, or threatens another person, or attempts to do so, or engages in misleading conduct toward another person, or offers pecuniary benefit or gain to another person, with intent to cause or induce any person to:

(a) Withhold testimony, or withhold a record, document, or other object, from an official investigation or official proceeding;

(b) Alter, destroy, mutilate, or conceal an object with intent to impair the integrity or availability of the object for use in an official investigation or official proceeding;

(c) Evade legal process summoning that person to appear as a witness, or to produce a record, document, or other object, in an official investigation or an official proceeding;

(d) Be absent from an official proceeding to which such person has been summoned by legal process;

(e) Hinder, delay, or prevent the communication to a law enforcement officer or judge of information relating to the commission or possible commission of an offense or a violation of a condition of probation, parole, or release pending a judicial proceeding; or

(f) Testify untruthfully in an official investigation or an official proceeding,

commits the crime of tampering with a witness, victim, or informant.

(2) Tampering with a witness, victim, or informant is a:

(a) Felony of the third degree, punishable as provided in Florida Statute 775.082, Florida Statute 775.083, or Florida Statute 775.084, where the official investigation or official proceeding affected involves the investigation or prosecution of a misdemeanor.

(b) Felony of the second degree, punishable as provided in Florida Statute 775.082, Florida Statute 775.083, or Florida Statute 775.084, where the official investigation or official proceeding affected involves the investigation or prosecution of a third degree felony.

(c) Felony of the first degree, punishable as provided in Florida Statute 775.082, Florida Statute 775.083, or Florida Statute 775.084, where the official investigation or official proceeding affected involves the investigation or prosecution of a second degree felony.

(d) Felony of the first degree, punishable by a term of years not exceeding life or as provided in Florida Statute 775.082, Florida Statute 775.083, or Florida Statute 775.084, where the official investigation or official proceeding affected involves the investigation or prosecution of a first degree felony or a first degree felony punishable by a term of years not exceeding life.

(e) Life felony, punishable as provided in Florida Statute 775.082, Florida Statute 775.083, or Florida Statute 775.084, where the official investigation or official proceeding affected involves the investigation or prosecution of a life or capital felony.

(f) Felony of the third degree, punishable as provided in Florida Statute 775.082, Florida Statute 775.083, or Florida Statute 775.084, where the offense level of the affected official investigation or official proceeding is indeterminable or where the affected official investigation or official proceeding involves a noncriminal investigation or proceeding.

(3) Whoever intentionally harasses another person and thereby hinders, delays, prevents, or dissuades any person from:

(a) Attending or testifying in an official proceeding or cooperating in an official investigation;

(b) Reporting to a law enforcement officer or judge the commission or possible commission of an offense or a violation of a condition of probation, parole, or release pending a judicial proceeding;

(d) Causing a criminal prosecution, or a parole or probation revocation proceeding, to be sought or instituted, or from assisting in such prosecution or proceeding;

or attempts to do so, commits the crime of harassing a witness, victim, or informant.

(4) Harassing a witness, victim, or informant is a:

(a) Misdemeanor of the first degree, punishable as provided in Florida Statute 775.082 or Florida Statute 775.083, where the official investigation or official proceeding affected involves the investigation or prosecution of a misdemeanor.

(b) Felony of the third degree, punishable as provided in Florida Statute 775.082, Florida Statute 775.083, or Florida Statute 775.084, where the official investigation or official proceeding affected involves the investigation or prosecution of a third degree felony.

(c) Felony of the second degree, punishable as provided in Florida Statute 775.082, Florida Statute 775.083, or Florida Statute 775.084, where the official investigation or official proceeding affected involves the investigation or prosecution of a second degree felony.

(d) Felony of the first degree, punishable as provided in Florida Statute 775.082, Florida Statute 775.083, or Florida Statute 775.084, where the official investigation or official proceeding affected involves the investigation or prosecution of a first degree felony.

(e) Felony of the first degree, punishable by a term of years not exceeding life or as provided in Florida Statute 775.082, Florida Statute 775.083, or Florida Statute 775.084, where the official investigation or official proceeding affected involves the investigation or prosecution of a felony of the first degree punishable by a term of years not exceeding life or a prosecution of a life or capital felony.

(f) Felony of the third degree, punishable as provided inFlorida Statute. 775.082, Florida Statute 775.083, or Florida Statute 775.084, where the offense level of the affected official investigation or official proceeding is indeterminable or where the affected official investigation or official proceeding involves a noncriminal investigation or proceeding.

(5) For the purposes of this section:

(a) An official proceeding need not be pending or about to be instituted at the time of the offense; and

(b) The testimony or the record, document, or other object need not be admissible in evidence or free of a claim of privilege.

(6) In a prosecution for an offense under this section, no state of mind need be proved with respect to the circumstance:

(a) That the official proceeding before a judge, court, grand jury, or government agency is before a judge or court of the state, a state or local grand jury, or a state agency; or

(b) That the judge is a judge of the state or that the law enforcement officer is an officer or employee of the state or a person authorized to act for or on behalf of the state or serving the state as an adviser or consultant.

Florida Statute 914.23 Retaliating against a witness, victim, or informant.—A person who knowingly engages in any conduct that causes bodily injury to another person or damages the tangible property of another person, or threatens to do so, with intent to retaliate against any person for:

(1) The attendance of a witness or party at an official proceeding, or for any testimony given or any record, document, or other object produced by a witness in an official proceeding; or

(2) Any information relating to the commission or possible commission of an offense or a violation of a condition of probation, parole, or release pending a judicial proceeding given by a person to a law enforcement officer; or attempts to do so, is guilty of a criminal offense. If the conduct results in bodily injury, such person is guilty of a felony of the second degree, punishable as provided in Florida Statute 775.082, Florida Statute 775.083, or Florida Statute 775.084. Otherwise, such person is guilty of a felony of the third degree, punishable as provided in Florida Statute 775.082, Florida Statute 775.083, or Florida Statute 775.084.

Injunction For Protection Against Domestic Violence Defenses

Self Defense And The Defense Of Others

A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force. A person who uses or threatens to use force in accordance with this subsection does not have a duty to retreat before using or threatening to use such force. A person is justified in using or threatening to use deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony. A person who uses or threatens to use deadly force in accordance with this subsection does not have a duty to retreat and has the right to stand his or her ground if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where he or she has a right to be.

(1) A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using or threatening to use defensive force that is intended or likely to cause death or great bodily harm to another if:

(a) The person against whom the defensive force was used or threatened was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person’s will from the dwelling, residence, or occupied vehicle; and

(b) The person who uses or threatens to use defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.

(2) The presumption set forth in subsection (1) does not apply if:

(a) The person against whom the defensive force is used or threatened has the right to be in or is a lawful resident of the dwelling, residence, or vehicle, such as an owner, lessee, or titleholder, and there is not an injunction for protection from domestic violence or a written pretrial supervision order of no contact against that person; or

(b) The person or persons sought to be removed is a child or grandchild, or is otherwise in the lawful custody or under the lawful guardianship of, the person against whom the defensive force is used or threatened; or

(c) The person who uses or threatens to use defensive force is engaged in a criminal activity or is using the dwelling, residence, or occupied vehicle to further a criminal activity; or

(d) The person against whom the defensive force is used or threatened is a law enforcement officer, as defined in Florida Statute 943.10(14), who enters or attempts to enter a dwelling, residence, or vehicle in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using or threatening to use force knew or reasonably should have known that the person entering or attempting to enter was a law enforcement officer.

(3) A person who is attacked in his or her dwelling, residence, or vehicle has no duty to retreat and has the right to stand his or her ground and use or threaten to use force, including deadly force, if he or she uses or threatens to use force in accordance with Florida Statute 776.012(1) or (2) or Florida Statute 776.031(1) or (2).

(4) A person who unlawfully and by force enters or attempts to enter a person’s dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or violence.

(5) As used in this section, the term:

(a) “Dwelling” means a building or conveyance of any kind, including any attached porch, whether the building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it, including a tent, and is designed to be occupied by people lodging therein at night.

(b) “Residence” means a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest.

(c) “Vehicle” means a conveyance of any kind, whether or not motorized, which is designed to transport people or property.

A person who uses or threatens to use force as permitted in Florida Statute 776.012, Florida Statute 776.013, or Florida Statute 776.031 is justified in such conduct and is immune from criminal prosecution and civil action for the use or threatened use of such force by the person, personal representative, or heirs of the person against whom the force was used or threatened, unless the person against whom force was used or threatened is a law enforcement officer, as defined in Florida Statute 943.10(14), who was acting in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using or threatening to use force knew or reasonably should have known that the person was a law enforcement officer. As used in this subsection, the term “criminal prosecution” includes arresting, detaining in custody, and charging or prosecuting the defendant. A law enforcement agency may use standard procedures for investigating the use or threatened use of force as described in subsection (1), but the agency may not arrest the person for using or threatening to use force unless it determines that there is probable cause that the force that was used or threatened was unlawful. The court shall award reasonable attorney’s fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution as provided in subsection (1).

Use or threatened use of force by aggressor.—The justifications for use or threatened use of force by an aggressor as stated above are not available to a person who:

(1) Is attempting to commit, committing, or escaping after the commission of, a forcible felony; or

(2) Initially provokes the use or threatened use of force against himself or herself, unless:

(a) Such force or threat of force is so great that the person reasonably believes that he or she is in imminent danger of death or great bodily harm and that he or she has exhausted every reasonable means to escape such danger other than the use or threatened use of force which is likely to cause death or great bodily harm to the assailant; or

(b) In good faith, the person withdraws from physical contact with the assailant and indicates clearly to the assailant that he or she desires to withdraw and terminate the use or threatened use of force, but the assailant continues or resumes the use or threatened use of force.

Defense Of Property

A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to prevent or terminate the other’s trespass on, or other tortious or criminal interference with, either real property other than a dwelling or personal property, lawfully in his or her possession or in the possession of another who is a member of his or her immediate family or household or of a person whose property he or she has a legal duty to protect. A person who uses or threatens to use force in accordance with this subsection does not have a duty to retreat before using or threatening to use such force. A person is justified in using or threatening to use deadly force only if he or she reasonably believes that such conduct is necessary to prevent the imminent commission of a forcible felony. A person who uses or threatens to use deadly force in accordance with this subsection does not have a duty to retreat and has the right to stand his or her ground if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where he or she has a right to be.

Use or threatened use of force by aggressor.—The justifications for use or threatened use of force by an aggressor as stated above are not available to a person who:

(1) Is attempting to commit, committing, or escaping after the commission of, a forcible felony; or

(2) Initially provokes the use or threatened use of force against himself or herself, unless:

Lack Of Injuries

Lack of injuries for conduct which should have normally produced injuries.

Conflicting Details

Conflicting details in an alleged victim’s story about the incident, for instance, alleged victim says the Defendant threw a dinner plate at the alleged victim, that hit the alleged victim and shattered on the tiled kitchen floor, but no dinner place pieces are anywhere to be found, the Defendant allegedly punched a hole in the wall of the bedroom, but there is no hole in the bedroom wall, etc.

Divorce

Divorce and/or child custody and/or child support and/or alimony issues that are reasons for the alleged victim to make up an incident or exaggerate an incident.

False Allegations

False allegations because the alleged victim is actually the one who committed the domestic violence but does not want to go to jail so the alleged victim makes up domestic abuse that never occurred. False allegations because the alleged victim is being kicked out of the home due to relationship problems such as cheating. False allegations because the Defendant cheated on the alleged victim and the alleged victim wants revenge. False allegations because the alleged victim owes the Defendant money.

For More Information About Injunctions Click Below:

Orlando Injunction Lawyer

For More Information About Domestic Violence Charges Click Below:

Orlando Domestic Violence Defense Lawyer