A restraining order, otherwise known in Florida as a civil injunction is a legal order that is issued by a court of law that forbids the subject of the injunction from making contact with the person who filed for it. For a more detailed explanation of civil injunctions, please click here.
Contact includes speaking with the person, being within a set proximity of the person, calling the person, e-mailing the person, or even writing to the person. These are often issued in cases of domestic violence. Once a restraining order has been filed, the subject of the order must cease all forms of contact. If the person does not stop contacting the filer of the order, the person can be charged with violation of a restraining order/DVI.
Once a person is charged with violation of a restraining order/DVI, he/she may have to spend time in jail or pay large fines. Additionally, the order may be extended to prohibit any additional contact in the future. By violating a restraining order/DVI, a person places himself in an uncertain predicament which can result in harsh legal consequences. By consulting a criminal defense attorney immediately upon any accusation, arrest or charge involving a restraining order violation, a person can avoid the harsh penalties that are associated with this offense.
A criminal defense attorney may also be able to help you have a restraining order lifted. When a restraining order is sought for frivolous or untrue reasons, it is important that justice be served. A criminal defense attorney may be able to help by proving that the restraining order was served based upon false accusations or information.
How an Attorney Can Help
When a person has been charged with or arrested for violating a restraining order/DVI, it is imperative that the person consult with a criminal defense attorney. A defense attorney can get involved from the onset of the legal process and provide valuable insight and direction. Additionally, an experienced and aggressive criminal defense attorney can negotiate with judges and prosecutors to possibly have restraining order violation charges reduced, or in some cases, dismissed entirely.
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