What You Should Know About Injunctions
My name is Jenna Finkelstein. I am a criminal defense attorney in Clearwater, serving clients throughout the Tampa Bay area who have found themselves in trouble with the law. I have dedicated my legal career and firm, Finkelstein Firm, P.A., to providing aggressive and comprehensive defense strategies.
Oftentimes, when there are allegations of domestic violence, the civil legal system overlaps with the Florida criminal justice system. A civil injunction can easily become a criminal matter. If you have a civil injunction against you, then it is important to understand what happens if you violate it.
What Is An Injunction?
An injunction is a court order that directs a person to act or not act in a certain way. Usually, an injunction is used in domestic violence scenarios. There are several different types of injunctions for protection in Florida. An injunction can be sought for protection against domestic violence, repeat violence, sexual violence or dating violence.
Dealing with an injunction on your own can involve considerable risks, which is why you want to be sure that you have the guidance of an experienced criminal defense attorney who regularly handles domestic violence defense. I can provide you with the information and guidance you need.
What Happens During Injunction Proceedings?
Because an injunction is a civil matter, the court can address a number of different things when issuing an injunction, including:
- Custody of any minor children
- Temporary child support
- Visitation rights
Additionally, if an injunction is granted, then you will be unable to own or possess a firearm. It is important to fully understand everything that is being ordered and the consequences associated with violating an injunction. While you are not entitled to an attorney like you are in a criminal matter, you are allowed to have an attorney represent you.
If you have been served with an injunction or are seeking to file a petition for your own protection, I am an attorney who is experienced with domestic violence defense, accusations of stalking and resulting restraining orders, and I can answer your questions and develop a personalized strategy to defend and protect your best interests.
Civil Injunctions And Criminal Charges
An injunction is a civil law matter, not a criminal one. Often, though, they overlap. For example, in cases of domestic violence, a judge can issue an injunction, also called a restraining order. If you are served with an injunction, it means someone has accused you of something, and they are asking the court to order you to stay away from them. The court can order you to stay away from a person, their home, their workplace and/or other places they frequent.
It is important to take an injunction seriously. While the injunction itself is not a criminal matter, violating one is. If the court finds you guilty of violating an injunction, you could be charged with a misdemeanor. This means that you could face jail time and fines.
Violations Of Civil Injunctions
In Florida, a person violates an injunction when they have been served with an injunction and know about it but still do something the injunction prohibits. Common examples of violations include the following:
- An injunction orders you to stay 500 feet away from a person, and you knowingly go within 500 feet of that person.
- You contact someone the injunction prohibits you from contacting.
- You go to a place that the injunction forbids you to visit.
Violating an injunction is a first-degree misdemeanor in Florida. The penalties for violating an injunction can include up to one year in jail and a fine of up to $1,000. These penalties underscore the importance of taking injunctions seriously.
Consult A Clearwater Injunction Lawyer For Free
If you are facing an injunction as a result of your criminal charges or civil issue, why not do everything you can to defend your best interests? I represent clients in Pinellas, Pasco and Hillsborough counties and the surrounding areas, and I offer confidential free initial consultations. To schedule your free appointment, call my firm at 727-202-4418 or send me a message through my website.