How Can I Enforce an Injunction of Protection from Domestic Violence?
Whether you have obtained a Temporary Injunction for Protection from Domestic Violence or a Permanent Injunction, you may have assumed the hard work was over and there would be no more need for legal involvement in your personal matter. However, in some cases, injunctions are violated and you will need to take action to ensure they are being enforced. Contact an Orlando Family Law Attorney today to discus your options of enforcement and the steps you will need to take in order to protect yourself and your family.
Before determining if enforcement is necessary, it is imperative to review your Order of Injunction of Protection from Domestic Violence, to determine what action was violated. Generally, these actions prohibit acts of violence against the Petitioner. This may include assault, battery, stalking, kidnapping, or any other criminal offense or harm to the Petitioner, whether directly completed by the Respondent or through a third party by direction of the Respondent. Further, the Respondent must not have any contact whether indirect or direct with the Petitioner. This prohibits the Respondent from any form of technological contact, or through a third party. Further, the Respondent may not go within 500 feet of Petitioner’s current or prospective residence, employment, educational facility, and within 100 feet of Petitioner’s car. Finally, the court may require the Respondent to surrender all firearms to the Sheriff’s Department. These orders may order temporary support to be provided by the Respondent, or exclusive use of certain property or home. If any of these actions are violated, you must enforce the injunction for your own protection and the protection of your family. To enforce, contact the police and your attorney immediately.
Any violation of an injunction can result in both criminal and civil penalties. These criminal penalties may include jail time and a conviction of a misdemeanor of the first degree, under Florida Statute 775.082 and 775.083 or a felony punishable by life in prison under 18 U.S.C. 2262. Outside of the criminal repercussions, civil action may also be taken by your Orlando Family Law Attorney by filing a Motion for Contempt. If found in contempt of the court order, the Respondent may be required to pay a fine, court costs, or even jail time.
Therefore, to enforce your Injunction, you must contact the authorities and file a report, as well as contact your attorney to file a contempt motion. If there has not been an arrest in your case after a violation, you may contact the Clerk of Court directly or the State Attorney’s office and file an affidavit as to the violation. After review of the affidavit, the State’s Attorney will prosecute on the violation. However, your Orlando Family Law Attorney will file the Motion for Contempt against the Respondent, and argue your case before the court.
Enforcement of the injunction only requires you to report such violations to your Orlando Family Law Attorney and the police. Further action will be taken by the court and your attorney. Your safety is the primary focus of these Injunctions, therefore, even if a minor violation occurs ensure you are protected and report this to your Orlando Family Law Attorney.
Speaking to an attorney at our Orlando office is free of charge, and we accept calls 24 hours a day, 7 days a week. Contact us at 407-512-0887 or complete an online contact form to get in touch with a member of our team today.