How To Avoid Criminal Charges From A Domestic Violence Injunction
An injunction is a court order telling one person to cease contact with another person. In domestic violence cases, it is ordered against a husband or wife, boyfriend or girlfriend, mom or dad or child, uncle, nephew, etc. This list is not all-inclusive. Many other relationships can lead to situations where obtaining a domestic violence injunction is appropriate.
The circumstances surrounding domestic violence injunctions are usually riddled with strong emotions. On one hand, an injunction can provide a person who is in serious danger with a feeling of safety and security. On the other, a vindictive individual can attempt to use an injunction to get someone they dislike in trouble with the law. It is often difficult to determine whether an injunction is being obtained as a power play in abuse of the system or because a person is legitimately in danger. Judges tend to err on the side of caution and award an injunction when requested if the statutory factors appear to be met.
If you find out there is an injunction naming you, take this very seriously and be careful with everything you do. If you disregard the injunction, an already bad situation can become ten times worse and you may end up spending time in the county jail. Under these circumstances, the only person who can protect you is yourself. Below are ten general concepts you should review and understand if you know there is an injunction in place against you:
1. Read the Court Order – this tells you what you can do and cannot do.
2. Follow the Court Order.
3. Avoid any accidental run-ins with the person who obtained the injunction (the “petitioner”).
4. Do not call, write, text message, email, post a myspace or facebook message, etc. the petitioner.
5. Do not return a phone call, text message, or anything else from the petitioner.
6. Do not ask your friends, family, or anyone else to contact the petitioner.
7. If you end up at the same location with the petitioner, immediately leave.
8. Do not drive past the petitioner’s residence.
9. Avoid any behavior that can be construed as harassing behavior.
10. Use your common sense and exercise self-control.
Some of these concepts are obvious but their importance is paramount. If you follow them, you are more likely to avoid criminal charges.
If you currently have charges pending against you for the violation of a domestic violence injunction, be cautioned that Aggravated Stalking charges may be right around the corner if you continue to violate the terms and conditions of the Temporary Injunction or the Permanent Injunction. Aggravated Stalking is a second degree felony and carries a possible 15 year prison sentence.
If you have any questions about your violation of an injunction charge, stalking charge, or any other questions about a domestic violence/battery/assault charge, please contact St. Petersburg domestic violence defense attorneys at Rooth Law Group today for a free consultation.