- Domestic Violence
- Violation of Injunction
- What the State Must Prove
- No Contact Order
- How Do I Get a “No Contact” order lifted so I can see my family?
- I Don’t Want to Press Charges, Why Won’t The State Drop the Charges?
- How We Can Help
- Florida Statute Text – Domestic Violence (F.S. 741.28)
- Florida Statute Text – Violation of Injunction (F.S. 741.31)
Domestic violence cases are a specialized type of case that are usually heard by a specific judge in a division dedicated to domestic violence. Domestic violence cases can be the most complex cases in criminal law. This is not due to the law behind domestic violence cases, but rather the reason is the close family ties the parties have. Many times it is a fight between husband and wife, parent and child, or other family relationship. This relationship can cause many complexities in a case. Also, a divorce can lead to a spouse making claims against another to get an advantage in the divorce case. Your attorney needs to spend time with you to understand the true problems in the case to be able to best handle your case. At the Law Office of M. Ameen, we have handled many domestic violence cases and have the resources to give your case the attention it deserves.
Violation of Injunction
Aside from domestic violence cases, another case that is heard in domestic violence court is violation of injunctions.
What the State Must Prove
In violation of injunction cases the State must prove there things:
- There was a valid injunction
- The defendant knew about the injunction (usually by being served with injunction) and
- The injunction was actually violated.
If the prosecution cannot prove one of these elements, then you have a valid defense. They are also required to provide the court a certified copy of the injunction from the clerks office. If they fail to provide a copy of the injunction or fail to admit it into evidence then you can get your case dismissed during trial.
No Contact Order
Typically, when an individual bonds out on a domestic violence case, the judge will order “No Contact With The Victim.” This means that the accused cannot make any contact, in person, phone, text message, email…and if they do, the Judge can revoke their bond and hold them in jail without a bond until the case has been resolved.
How Do I Get a “No Contact” order lifted so I can see my family?
If you are under a no contact order and the other party does want to have contact with you, DO NOT MAKE CONTACT WITH THAT PERSON. Call us immediately and we can file a motion to ask the Judge to change the no contact order so you can see your family.
I Don’t Want to Press Charges, Why Won’t The State Drop the Charges?
Typically the State will not drop charges just because the victim is requesting it. In many instances this will make the prosecutors scrutinize the case even more and try to force the victim to come in and testify. However, there are instances where the victim’s request may be granted. If the State believes that the case is not strong or that there are other reasons not to go forward with the case, then they will drop the charges.
How We Can Help
Mustafa Ameen, Esq. is a former prosecutor who was assigned to the Domestic Violence division in Hillsborough County, FL. He understands what the prosecution is looking at in a case, and knows what to show them to get them to drop a case. You can call him 24 hour a day, 7 days a week, toll free 1-800-436-8332 to set up a free consultation.
Florida Statute Text – Domestic Violence (F.S. 741.28)
- 741.28 Domestic violence; definitions.–As used in ss. 741.28-741.31:
- (2) “Domestic violence” means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.
- (3) “Family or household member” means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.
- 741.281 Court to order batterers’ intervention program attendance.–If a person is found guilty of, has had adjudication withheld on, or has pled nolo contendere to a crime of domestic violence, as defined in s. 741.28, that person shall be ordered by the court to a minimum term of 1 year’s probation and the court shall order that the defendant attend a batterers’ intervention program as a condition of probation. The court must impose the condition of the batterers’ intervention program for a defendant under this section, but the court, in its discretion, may determine not to impose the condition if it states on the record why a batterers’ intervention program might be inappropriate. The court must impose the condition of the batterers’ intervention program for a defendant placed on probation unless the court determines that the person does not qualify for the batterers’ intervention program pursuant to s. 741.325. Effective July 1, 2002, the batterers’ intervention program must be a certified program under s. 741.32. The imposition of probation under this section shall not preclude the court from imposing any sentence of imprisonment authorized by s. 775.082.
- 741.283 Minimum term of imprisonment for domestic violence.–If a person is adjudicated guilty of a crime of domestic violence, as defined in s. 741.28, and the person has intentionally caused bodily harm to another person, the court shall order the person to serve a minimum of 5 days in the county jail as part of the sentence imposed, unless the court sentences the person to a nonsuspended period of incarceration in a state correctional facility. This section does not preclude the court from sentencing the person to probation, community control, or an additional period of incarceration.
Florida Statute Text – Violation of Injunction (F.S. 741.31)
741.31 Violation of an injunction for protection against domestic violence.—
- In the event of a violation of the injunction for protection against domestic violence when there has not been an arrest, the petitioner may contact the clerk of the circuit court of the county in which the violation is alleged to have occurred. The clerk shall either assist the petitioner in the preparation of an affidavit in support of the violation or direct the petitioner to the office operated by the court within the circuit that has been designated by the chief judge of that circuit as the central intake point for injunction violations and where the petitioner can receive assistance in the preparation of the affidavit in support of the violation.
- The affidavit shall be immediately forwarded by the office assisting the petitioner to the state attorney of that circuit and to such court or judge as the chief judge of that circuit determines to be the recipient of affidavits of violation. If the affidavit alleges a crime has been committed, the office assisting the petitioner shall also forward a copy of the petitioner’s affidavit to the appropriate law enforcement agency for investigation. No later than 20 days after receiving the initial report, the local law enforcement agency shall complete their investigation and forward the report to the state attorney. The policy adopted by the state attorney in each circuit under s. 741.2901(2), shall include a policy regarding intake of alleged violations of injunctions for protection against domestic violence under this section. The intake shall be supervised by a prosecutor who, pursuant to s.
741.2901(1), has been designated and assigned to handle domestic violence cases. The state attorney shall determine within 30 working days whether its office will proceed to file criminal charges, or prepare a motion for an order to show cause as to why the respondent should not be held in criminal contempt, or prepare both as alternative findings, or file notice that the case remains under investigation or is pending subject to some other action.
- If the court has knowledge, based on its familiarity with the case, that the petitioner, the children of the petitioner, or another person is in immediate danger if the court fails to act prior to the decision of the state attorney to prosecute, it should immediately issue an order of appointment of the state attorney to file a motion for an order to show cause as to why the respondent should not be held in contempt. If the court does not issue an order of appointment of the state attorney, it shall immediately notify the state attorney that the court is proceeding to enforce the violation through criminal contempt.
- (a) A person who willfully violates an injunction for protection against domestic violence issued pursuant to s. 741.30, or a foreign protection order accorded full faith and credit pursuant to s. 741.315, by:
- Refusing to vacate the dwelling that the parties share;
- Going to, or being within 500 feet of, the petitioner’s residence, school, place of employment, or a specified place frequented regularly by the petitioner and any named family or household member;
- Committing an act of domestic violence against the petitioner;
- Committing any other violation of the injunction through an intentional unlawful threat, word, or act to do violence to the petitioner;
- Telephoning, contacting, or otherwise communicating with the petitioner directly or indirectly, unless the injunction specifically allows indirect contact through a third party;
- Knowingly and intentionally coming within 100 feet of the petitioner’s motor vehicle, whether or not that vehicle is occupied;
- Defacing or destroying the petitioner’s personal property, including the petitioner’s motor vehicle; or
- Refusing to surrender firearms or ammunition if ordered to do so by the court commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
- (b)1. It is a violation of s. 790.233, and a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, for a person to violate a final injunction for protection against domestic violence by having in his or her care, custody, possession, or control any firearm or ammunition.
- 2. It is the intent of the Legislature that the disabilities regarding possession of firearms and ammunition are consistent with federal law. Accordingly, this paragraph shall not apply to a state or local officer as defined in s. 943.10(14), holding an active certification, who receives or possesses a firearm or ammunition for use in performing official duties on behalf of the officer’s employing agency, unless otherwise prohibited by the employing agency.
- Whether or not there is a criminal prosecution under subsection (4), the court shall order the respondent to attend a batterers’ intervention program if it finds a willful violation of a domestic violence injunction, unless the court makes written factual findings in its judgment or order which are based on substantial evidence, stating why a batterers’ intervention program would be inappropriate.
- Any person who suffers an injury and/or loss as a result of a violation of an injunction for protection against domestic violence may be awarded economic damages for that injury and/or loss by the court issuing the injunction. Damages includes costs and attorneys’ fees for enforcement of the injunction.