Violations Of Domestic Violence Injunctions Are Taken Seriously

In matters of domestic violence, domestic violence injunctions (DVIs, also called restraining orders) are granted when the petitioner (the alleged victim) can show that they have been the past victim, or fear they will be the imminent future victim, of domestic violence. They are not granted in every domestic violence proceeding, and this means that if they are violated, the court issuing the injunction will take it very seriously. If you believe you have violated a DVI, contact an experienced attorney immediately.

What’s In A DVI?

While most domestic violence injunctions have the same boilerplate structure, a judge has reasonable discretion to add certain other requirements. For example, most DVIs include a no-contact provision, and many include a requirement to surrender firearms and ammunition – but a judge may impose restrictions on, say, a defendant spending time with a specific person, or a limit on how much of the marital funds they may spend.

Regardless of the specific provisions, if a DVI is granted against you, you must follow it exactly – there is not intended to be any ‘wiggle room’ or grace for violating an order that is supposed to be explicit and easy to follow. If there is a no-contact provision in your DVI, for example, you must abide by that and have no contact whatsoever with your alleged victim – no text messages, no indirect messages passed on by friends, no nothing. If your alleged victim reaches out to you, you are generally required to end the contact. Failure to do so lands far too many people in jail.

What Are The Consequences?

If you have violated a DVI, you will likely be required to attend a contempt hearing (either civil or criminal). Depending on certain other factors, you can face between 1 and 5 years in jail if convicted, but the most important factor to be aware of is that the violation must have been “willful” in order to be actionable. In other words, if you have a no-contact order against you and accidentally wind up in the same line as the person at the Department of Motor Vehicles, this is likely not considered a violation as long as you leave immediately and do not engage the person.

If you are charged with a violation, it is crucial to keep calm, as anything you say quite literally can be used against you in this situation. It is sometimes possible to argue a lack of intent to violate the order, which can serve as mitigation (though is not always accepted), but without concrete evidence, establishing a lack of guilt can be an uphill battle. The right attorney can make all the difference in protecting your rights.

Call A West Palm Beach Domestic Violence Injunction Violation Attorney

Violating a domestic violence injunction deliberately is never a good idea, but if you have done so by accident, you may be able to avoid serious consequences. A West Palm Beach domestic violence attorney from Perlet & Shiner, P.A. may be able to help. Call our office today at (561) 721-0552 to speak to an attorney.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0741/Sections/0741.30.html