October 16, 2009

How can you violate an injunction for protection against domestic violence in Jacksonville?

When an injunction is entered against you, whether it is permanent or temporary, there are many ways you can violate it. If you are found in violation of an injunction in Jacksonville, you can be arrested for a misdemeanor facing up to a year in jail.

The ways you can violate are:

1. You refuse to leave the house that you share with the petitioner.

2. You go within 500 feet of the petitioner.

3. You go within 500 feet of the petitioner's house, school, or work.

4. You get in touch with the petitioner yourself or through someone else.

5. You batter the petitioner.

6. You refuse to give up your gun if you are mandated to give it up in the injunction.

It is very easy to get arrested for violation of injunction. If you think you are going to be arrested or you have been, you should contact a Jacksonville Injunction Attorney to go over your case.

October 11, 2009

Injunction for Protection Against Domestic Violence in Jacksonville

Many people have heard of injunctions, but what is an injunction for protection against domestic violence in Jacksonville? It is for a person who is family or is a household member of the "respondent" (person who injunction is against). That person has to prove that they have been:

1. the victim of domestic violence in Jacksonville or

2. has a reasonable belief that he or she is in imminent danger of becoming a victim of a domestic battery in Jacksonville.

The "petitioner" (person who seeks the injunction) has to sign a sworn petition stating facts that support their allegations. When you go to an injunction hearing, you can have a Jacksonville Injunction Attorney with you or you can represent yourself. Often, people choose to go by themselves instead of hiring a Jacksonville Criminal Lawyer.

In the injunction hearing in Jacksonville, the judge will call up both parties and hear from both sides. If the judge thinks the allegations most likely are true, he or she will grant the injunction. The judge can make the injunction permanent or temporary.

June 29, 2009

Louisiana Officer Arrested for Domestic Battery in Florida Now Charged and Injunction Entered

A Louisiana police lieutenant who was arrested in Florida on Domestic Battery charges now has an injunction entered against him according to WHAS11.com. We first wrote about officer Jerald Fifer's arrest in a previous blog.

In Louisiana, an injunction is called a protective order. It tells the officer he cannot have any contact with his wife and several of her family members for a period of time. Both his wife and the family members feel they are in danger. If Fifer violates the protective order, he can be arrested for violation of a protective order (called violation of injunction in Jacksonville) and go back to jail.

The officer remains on the force and is on paid administrative leave.

If you have been arrested for violating an injunction in Jacksonville, contact our Jacksonville Injunction Attorneys at (904) 634-0900.

February 20, 2009

Florida Gator Player Arrested for Violating an Injunction

A University of Florida football player was arrested on February 16th for violating an injunction. A Florida temporary injunction for protection against sexual violence was entered against Carl Johnson a week before the arrest, which restricted him from having contact with the alleged victim. Violation of Injunction in Florida is a first degree misdemeanor punishable for up to a year in jail.

In Jacksonville and all of Florida, if a person wants to get a permanent injunction against someone, they file a Petition for Injunction For Protection. If the petition meets all the preliminary requirements, a temporary injunction will be entered until a hearing is held. The temporary injunction usually restricts the respondent (the person who is bound by the injunction) from being within 500 feet of the petitioner (the person requesting the Florida injunction), 500 feet from their home, and 500 feet from the petitioner's place of work.

An injunction hearing will be held and a Jacksonville Circuit Court Judge will make a decision about whether or not to grant the permanent injunction. The petitioner has to prove to the judge that their allegations are true.

If you have any questions about an injunction hearing in Jacksonville or a violation of injunction charge in Jacksonville, contact our Jacksonville Injunction Attorneys at (904) 634-0900.

December 16, 2008

Injunction for Protection Against Domestic Violence in Jacksonville - What is Considered Violence?

In Jacksonville and all of Florida, a citizen can file for an Injunction if they are a victim of repeat violence.

"Repeat Violence" means there were at least 2 incidents of violence or stalking committed by someone, one of which happened in the last 6 months of the filing.

"Violence" is defined as any

Assault
Aggravated assault
Battery
Aggravated Battery
Stalking
Aggravated Stalking
Kidnapping
False Imprisonment
Any criminal offense which causes physical injury

If you have any questions about an injunction in Jacksonville, call our Jacksonville Injunction Attorneys at (904) 634-0900.