Violation of Injunction in St. Pete and Pinellas Park
Injunctions are very similar to restraining orders in Florida. They are essentially “stay-away” orders the court applies for petitioners that believe they are in danger. There are different types of injunctions and hundreds of ways to violate them. Here at Oldham & Delcamp we are client-focused and have the legal experience you need if you’ve been charged with a violation of injunction.
What Exactly is an Injunction?
When the court orders you to stay away from someone, it is called an injunction order. These court orders will come with detailed paperwork, and they can be temporary or permanent. Injunction orders can arise from divorce situations, domestic violence or other civil lawsuits.
What is the Penalty for Violating an Injunction?
In Florida, the penalty for violating an injunction is severe! It is a first degree misdemeanor and can earn you up to a year in jail and some serious fines.
Types of Injunctions in Florida
- Domestic Violence
- Repeat Violence
- Dating Injunctions
- Sexual Injunctions
How to Avoid Violating an Injunction
Every case is a unique situation, so read your injunction paperwork carefully. You may be required to stay at least 500 feet away from the petitioner, to stay away from their home, workplace, school or vehicle. You may be forbidden by the court to contact the petitioner at all, via phone, social media, mail or any other method.
Obviously, it would be a violation to attack or physically hurt the petitioner. You cannot deface their property or be near their vehicle (even if they aren’t in it).
You may be ordered by the court to turn in any firearms. Failure to do that would be a violation.
Pay attention to the dates and addresses on paperwork. Your injunction may or may not be permanent. In Domestic situations, it may even include the address you’ve been living at.
What if the Petitioner is Contacting You?
You must make every effort to stay away. Once the court has ordered an injunction it is no longer up to the petitioner! Do not accept their calls, texts or social media messages. Do not allow them to enter your residence or vehicle. Calmly leave the petitioner’s presence, even if they walk up to you while you are busy (at the grocery checkout line, for example).
If you have an order of injunction and the petitioner is harassing you, make a record of it and call a lawyer.
Even if some time has gone by since court, and you believe the petitioner wants to reconcile the relationship you need to stay away. You can still be charged with a violation! Again, it is no longer up to the petitioner. The court has made it’s decision.
What if I Violate an Injunction by Accident?
If you’ve got injunction orders you need to be very careful not to violate them. That being said, it’s not impossible for you to accidentally violate them. You need to take care not to do so!
For instance, if you walked into a grocery store not knowing the petitioner was shopping inside, you’d need to turn around and leave as soon as you saw them. Being at the other end of the store might be far enough, or it might not. Your best action here would be to leave entirely and shop somewhere else.
If you accidentally parked your car in the same parking lot as the petitioner you could be found in violation.
Get Legal Help if You Need it
As you can see, injunction orders (and violations) can cause some serious upheaval in your life. If you need legal assistance don’t hesitate to contact us. We can schedule a consultation to help you understand your injunction orders or charges of a violation. We have two locations to serve you: St. Petersburg and Pinellas Park. You can schedule a consultation by phone at 727-800-3391. We also offer help with theft, suspended license, DUI law and auto accident law.