Husband Accused of Threatening Wife and Violating an InjunctionEscapes Criminal Conviction with a “Slap on the Wrist” and Fine
Our client appeared in court for a final hearing on a domestic violence injunction. The petitioner in the case claimed to have made the comment “you’re finished." Our client stated that he was making that comment in reference to his girlfriend returning from the bathroom. He was then charged with a 1st-degree misdemeanor for making contact with the petitioner.
Domestic Violence Injunction
A domestic violence injunction in Florida is commonly referred to as a restraining order. An individual is prohibited from taking certain actions. The court can take further action if the one who has a restraining order decides to violate it.
Any household member can apply for a domestic violence injunction. As long as the person believes there is imminent danger of becoming a victim or is already a victim, an injunction can be given.
Reasons as to why someone may have a domestic violence injunction placed on them would be:
- Assaulting the victim
- Aggravated assault against the victim
- Sexual assault
- Sexual battery
- False imprisonment
- Any other physical injury
The court will determine how long a domestic violence injunction will last for. Here are cases where an injunction might never expire.
Penalties for Violating a Domestic Violence Injunction
There are many penalties for violating a domestic violence injunction. These include up to a year in jail and a fine of as much as $1,000. It will also be labeled as a first-degree misdemeanor. Those who have had multiple charges in violation of a domestic violence injunction will see more severe penalties.
Musca Law Firm
If you have been charged with violating a domestic violence injunction, Musca Law Firm wants to hear from you. We serve all over the state of Florida and have several offices located in various cities, such as Clearwater and New Port Richey.
Our attorneys have over 150 years of combined legal experience. They will put you first, developing a strong case that has a defense that matches it. All of our attorneys are great at negotiating with the prosecution and will fight hard to get you the results that you desire. Our services are professional and we have a desire to treat you how we want to be treated. We do not mind answering questions about your case and will always keep you up to date on what is going on.
We accept phone calls 24 hours a day, 7 days a week. Your initial consultation will be free. Don’t hesitate to contact us at (888) 484-5057. We look forward to hearing from you!
RESULT: It was then discovered that the petitioner was bipolar, where she had falsely accused our client of breaking the injunction eight separate times in one day. The state announced its intention to try and exclude testimony relative to the petitioner’s mental health and false accusations. After diligent negotiations with the state that the mental health of the petitioner would more than likely be admissible, the state offered no conviction, no probation, and a limited fine!