Melbourne Lawyer for No Contact Orders in Brevard County, FL

Domestic violence injunctions, commonly known as No Contact Orders, are legal protections issued by courts in Florida to prevent further harm in situations where domestic violence has occurred or is feared. These orders can have serious consequences for the person they are issued against, making it important to understand what they are and how they work.

Melbourne Lawyer for Contesting No Contact Orders

If you have been charged or accused of domestic violence in Central Florida, then know that you are facing serious charges, up to and including jail time, heavy fines, and potential loss of child custody. These charges often come with protective orders. While well-meaning, these orders can sometimes be unnecessary or intended to damage your reputation or position in a child custody case. Fighting these charges immediately and aggressively is imperative.

Contact Space Coast Lawyer Mark Germain by calling (321) 775-3559 or submit an online form today to start building your defense.

Our office is located in Melbourne, Florida, and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County; Vero Beach and Sebastian in Indian River County; Deltona and Dayton Beach in Volusia County; and Kissimmee and Poinciana in Osceola County.

What Constitutes Domestic Violence Under Florida Law
Types of Injunctions Available in Florida
The Legal Process for Issuing a Domestic Violence Injunction
Penalties and Consequences for Violating a Domestic Violence Injunction
Potential Defenses
Modification or Dissolution of No Contact Orders
Steps to Take if You Were Served with a Domestic Violence Injunction
The Importance of Hiring a No Contact Order Lawyer
Additional Resources
Hire a Lawyer to Contest No Contact Orders in Brevard County FL

What Constitutes Domestic Violence Under Florida Law

A No Contact Order is a type of court order that restricts an individual from having any contact with the person who requested the order. This includes physical contact, phone calls, text messages, emails, and even indirect communication through a third party. The person requesting the order may have alleged domestic violence.

In Florida, domestic violence is defined by specific actions that involve harm or the threat of harm between people who share a particular relationship. The law defines domestic violence as any assault, stalking, battery, kidnapping, false imprisonment, or other criminal offense that results in death or physical injury to a family or household member.

Family or household members include current or former spouses, people related by blood or marriage, those who live together as if they were a family, and people who have a child together regardless of their relationship status or living arrangements. Importantly, this definition does not only cover those who are currently in a relationship; it also applies to former relationships if the parties share one of these connections.

Types of Injunctions Available in Florida

Temporary Injunctions

This type of order is often granted when a person first requests protection. It is put in place quickly to offer immediate protection before a full hearing can be held. The court can issue this temporary order based solely on the petitioner’s written statements, without the other person being present. This order is short-term, usually lasting until a full court hearing is held to decide whether a more extended order is necessary.

Final Injunctions

After the court hearing, where both parties have the chance to present their side, the judge may decide to issue a final injunction. This order can last longer and may include specific terms, such as keeping distance from the petitioner, not contacting them, or moving out of a shared home. The length of time this order is in effect can vary, and it may be extended if needed.

Ex Parte Injunctions

This is a special kind of temporary order that the court can issue without the respondent being notified beforehand. It’s typically used in situations where the judge believes the person requesting protection is in immediate danger. This order remains in place only until the full hearing can take place.

The Legal Process for Issuing a Domestic Violence Injunction

Filing the Petition

The person seeking protection starts the process by filing a petition with the court. This document identifies alleged incidents of violence or threats that have occurred, providing specific details like dates, locations, and the nature of the alleged harm or threats. The petition must also include information about the petitioner and respondent, such as their addresses and relationship to each other.

Court Review and Temporary Orders

After the petition is filed, a judge will review it quickly, often on the same day. If the judge believes the petitioner is in immediate danger, they can issue a temporary injunction. This order will take effect immediately and is served to the respondent, usually by the sheriff’s office. The respondent must follow the order’s terms until the court can hold a full hearing.

Service of the Injunction

The respondent must be officially notified of the injunction, which is done through a process called “service.” Law enforcement typically handles this step, ensuring the respondent receives all necessary paperwork, including the temporary order and the notice of the upcoming hearing.

The Hearing

A full court hearing is scheduled, usually within 15 days of the temporary order being issued. During this hearing, both the petitioner and the respondent can present evidence, call witnesses, and make their case to the judge. The hearing is the respondent’s opportunity to challenge the claims made in the petition.

Issuing the Final Order

After hearing both sides, the judge will decide whether to issue a final injunction. If granted, this order can include various conditions such as prohibiting contact with the petitioner, moving out of a shared residence, and setting up arrangements for child custody or support if relevant. The final order can last indefinitely but is often set for a specific period, after which it may be renewed or terminated.

Modifying or Dissolving the Order

Either party can request changes to the order or ask for it to be ended altogether. This can be done at any time by filing a request with the court, and another hearing will be scheduled to consider these changes. This modified order allows the parties to have contact under specific conditions, as long as there is no violence or threats of violence involved.

Penalties and Consequences for Violating a Domestic Violence Injunction

Criminal Penalties

Violating an injunction is a criminal offense. If the police believe that a violation has occurred, they can arrest the person without a warrant. The violation is usually treated as a first-degree misdemeanor. If the violation involves additional criminal acts, such as stalking or physical violence, the charges can be more severe, potentially leading to felony charges.

1st-Degree Misdemeanor: Punishable by 1 year jail, $1,000 fine.
3rd-Degree Felony: Punishable by 5 years prison, $5,000 fine.

Actual penalties vary based on the offense, the individual’s criminal history, and any aggravating circumstances. Misdemeanors are heard in county court, while felonies are heard in circuit court.

Other Legal Consequences

In addition to criminal penalties, violating an injunction can have other serious effects. A person found to have violated the order may be required to attend anger management classes or a batterer’s intervention program. These programs can last for several months and require the person to follow specific rules, such as attending regular sessions and complying with program requirements. Failure to complete the program can result in further legal action.

Moreover, a violation can have long-lasting effects on a person’s record, potentially affecting future employment opportunities, housing options, and even parental rights in family law matters. Courts take these violations very seriously, and repeated violations can lead to harsher penalties, including longer jail time or more restrictive orders.

Financial Penalties

In some cases, the court may also impose financial penalties for violating an injunction. This can include fines as well as orders to pay for the legal fees of the other party. These costs can add up quickly and create a significant financial burden.

Impact on Future Legal Proceedings

A violation of an injunction can also impact future legal proceedings. For example, if the person facing the injunction is involved in a custody battle, the violation can be used against them to show that they are not fit to care for a child. Courts often consider violations as evidence of an ongoing risk to the safety of others.

Potential Defenses

False Allegations

A common defense is that the allegations are entirely false. In some cases, people file for an injunction out of anger, revenge, or as a strategy in a divorce or custody dispute. Proving that the allegations are false can be challenging, but it is possible. This might involve presenting evidence that the events described did not happen or showing that the accuser has a motive to lie.

Violation of Legal Rights

A defense can also be based on the claim that the person’s legal rights were violated during the process. For example, if the person was not properly served with notice of the injunction or was not given a fair chance to present their side of the story, the injunction may be invalidated. It is important to review the process closely to identify any procedural errors that could work in the person’s favor.

Mutual Conflict

In some cases, both parties may have been involved in a conflict, but only one is accused of domestic violence. If it can be shown that the accuser was also aggressive or violent, this may serve as a defense. This type of defense requires careful documentation and evidence, such as police reports or witness statements that support the claim of mutual conflict.

Modification or Dissolution of No Contact Orders

If the circumstances change, it may be possible to request a modification or dissolution of the injunction. For example, if the accuser moves away or if the situation that led to the injunction has been resolved, the person may be able to ask the court to lift or change the terms of the order. This is typically done through a formal request to the court and requires showing that the injunction is no longer needed.

Steps to Take if You Were Served with a Domestic Violence Injunction

Read the Injunction Carefully: The injunction will include specific instructions that you must follow. This could include staying away from certain people, places, or activities. Make sure you understand what is required to avoid violating the order.
Follow the Order Immediately: Even if you believe the injunction is unjust, you must follow it. Violating the injunction, even unintentionally, can lead to criminal charges. This means avoiding contact with the person who filed the injunction, staying away from any specified locations, and following any other conditions set by the court.
Gather Evidence and Witnesses: If you believe the injunction is based on false or misleading information, start gathering evidence that supports your side of the story. This could include text messages, emails, witness statements, or any other documentation that shows your version of events.
Prepare for the Hearing: The court will schedule a hearing to determine whether the injunction should remain in place. This is your chance to present your side of the story. Make sure you are prepared by gathering all necessary documents and organizing your thoughts.
Attend the Hearing: It is critical that you attend the hearing. Missing the hearing could result in the injunction being extended or made permanent without you having a chance to defend yourself. If there are any scheduling conflicts, notify the court immediately to avoid further issues.
Consider Modifying the Injunction: If the injunction has terms that you believe are unfair or that make your life difficult, you may be able to ask the court to change them. This could include requesting more time with your children, changing the location where you can live, or other adjustments. Your lawyer can help you with this process.
Avoid Contact with the Petitioner: Even if you believe you are being falsely accused, it is important to avoid any contact with the person who filed the injunction. Any attempt to contact them, even through a third party, could be seen as a violation and result in further legal trouble.

The Importance of Hiring a No Contact Order Lawyer

When facing a domestic violence injunction, having a lawyer on your side can make a huge difference. A lawyer can help you understand what the injunction means, what the legal process involves, and what steps you need to take. Without a lawyer, you may feel overwhelmed or unsure of how to respond to the injunction or how to defend yourself in court.

A lawyer can help by looking at the details of your case and advising you on how to respond. For example, if you believe the allegations are false or exaggerated, a lawyer can help gather evidence to challenge them. They can also help you present your side of the story in the best possible way during the hearing.

Lawyers can prepare legal documents, argue on your behalf in court, and make sure you follow all the necessary steps to protect your rights. If the injunction includes restrictions that affect your life, such as staying away from your home or children, a lawyer can help you understand these restrictions and work to modify them if possible.

In addition to helping with the current case, a lawyer can also provide guidance on how to avoid further legal problems related to the injunction. They can explain how to comply with the order and avoid actions that could lead to violations, which could result in serious penalties like jail time or fines.

Additional Resources

Overview of Injunctions for Respondents: This resource from Florida Courts provides important information for individuals who have been served with an injunction in Florida. It explains what an injunction entails, including restrictions like no contact with the protected person and staying away from certain places. The page also details potential consequences of violating the injunction, such as arrest and criminal charges.
Florida Statutes Sections 741.30 – 741.31: This law addresses injunctions for protection against domestic violence. It covers the procedures for filing a petition, the requirements for issuing an injunction, and the consequences for violating an order.

Hire a Lawyer to Contest No Contact Orders in Brevard County FL