Jacksonville Criminal Attorney Blog

The recent case of a Jacksonville woman being killed and detectives arresting her husband and charging him with her death, highlights the issue of domestic violence in Jacksonville and the surrounding area.

According to The Florida Times-Union, a woman was shot to death inside her house around 4:30 a.m. Later that day, investigators charged her husband with the crime.

If you feel threatened by another person, whether it's a partner, neighbor, co-worker or a complete stranger, seeking a domestic violence injunction or restraining order in Jacksonville could be a smart move.

Conversely, those who are subjected to such an order require an aggressive defense. A restraining order can prevent you from returning home or seeing your children. In many situations, it's truly a case of guilty until proven innocent.

According to the Florida Department of Law Enforcement, there were more than 113,000 incidents of domestic violence in 2010. Of those, about 89,000 were simple assault cases and more than 18,000 rose to the level of aggravated assault. More than 2,000 of the incidents involved forced sex and more than 200 involved a person being killed.

An injunction or restraining order will keep police and the defendant on alert that the person can't be around or else face criminal charges. In severe cases, police can be on high alert to go on patrols to make sure the victim is left alone.

But going through the process alone can be difficult. Hiring an experienced Jacksonville restraining order attorney who will help you navigate the criminal justice system will make things much easier. We can also defend clients who are facing domestic violence charges and wrongly subjected to such orders -- which can disrupt your life and leave you with nowhere to turn.

In Florida, a temporary restraining order can be granted immediately after applying, but it only lasts until a hearing can be scheduled. After the order has been granted, the person who is labeled as the defendant will get notice and will be able to attend the hearing. If you go to a hearing without an attorney, you could be at a huge disadvantage.

Violating an injunction or order can mean serious criminal consequences for the person who violates. Many orders are "no-contact" orders, meaning the person can't come within a certain amount of feet of the victim and aren't allowed to call, email or text or communicate in any way.

The orders and injunctions must be filed with the police department where the victim lives and with the county sheriff's office where they live or spend much of their time.

Continue reading "Restraining Orders Can Be Issue in Jacksonville Domestic Violence Cases" »

A JSO officer has been arrested and is being held in Clay County Jail for two charges of Violation of Injunction. Michael E. Williams has been employed as a Jacksonville police officer for 16 years, but he resides in Clay County. Since working at JSO, Williams has received many complaints, both external and internal, while at JSO. He was even suspended for a total of 20 days for improper conduct, but continues to remain employed.

An injunction in Jacksonville is a court order meant to keep someone away from someone else. Injunctions can be temporary or permanent and can prohibit all contact or just violent contact. If an injunction is granted for "no contact", the "respondent" cannot have any contact with the "petitioner". In Jacksonville, "no contact" means that the respondent cannot go within 500 feet of the petitioner's residence or place of employment and cannot go within 100 feet of the petitioner's car, whether or not it is occupied. The injunction will also usually prohibit the respondent from possessing a gun.

Any person who willfully violates an injunction can be arrested for Violation of Injunction, which is a first degree misdemeanor punishable by up to 1 year in jail.

Getting an injunction in Jacksonville is a civil matter, not a criminal one. That means in injunction court, there is no determination of guilt in a domestic battery situation.

A court can issue an injunction when it appears that the person seeking the injunction is either the victim of domestic violence or has reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic battery. The court has to make the determination whether or not the alleged victim's fear is reasonable. Some factors that the court considers are:

1. The current accusations of domestic violence.
2. The parties' behavior within the relationship.
3. The history of the relationship as a whole.

More times than not, injunctions are granted because most courts don't want to take any chances when someone says they are in fear and accuses someone of violence. Our Jacksonville Criminal Defense Law Firm handles many injunctions that come along with a criminal domestic battery case. If you are either the respondent or petitioner, everything you say in an injunction hearing in Jacksonville is recorded and can be used against you in the criminal case. That is why it is so important to consult with a Jacksonville Domestic Battery Attorney about your case.

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.

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.

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.

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.

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.