Injunctions are entered by Florida courts to keep one person from communicating with other, in person, on the phone, and any other means. They may be issued to prohibit contact with husbands, wives, boyfriends, girlfriends, mothers, fathers, children, uncles, nephews, and so on. There are many kinds of relationship where a domestic violence injunction prohibiting contact may come into play.
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. In contrast, a conniving person could try to use an injunction to punish an old enemy. 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. The judiciary generally proceeds with caution when it comes to granting a requested injunction as long as the statutory requirements look like they are 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. Don't use any social networking sites, telephone, email, letters, etc. to contact the person who was granted the injunction. 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. The crime of aggravated stalking constitutes a second-degree felony and a conviction could lead to 15 years in prison.