If I Get Arrested for Domestic Violence, Will There Be an Injunction Against Me?
When someone is arrested for domestic violence, that person is held in jail for at least twenty-four (24) hours and they are not allowed to contact the alleged victim. Remember, every call from the jail is recorded. The next day at the hearing for first appearances, the Judge will determine whether the person who was arrested will be allowed to contact the victim while the case is pending. If the Judge issues a No Contact Order, then it acts just like an injunction, also known as a “restraining order,” and you can be punished for violating the No Contact Order. Punishment for violating this No Contact Order can result in the defendant being brought back to jail and held in jail while the case is pending. This particular No Contact Order expires when the criminal case ends.
However, when a person is arrested for Domestic Battery, the police officer is required to provide the victim information on how to obtain an Injunction for Protection Against Domestic Violence. This is a civil action and different from the No Contact Order discussed above. In fact, one person can have both a No Contact Order AND a Civil Injunction/Restraining Order against them at the same time. Florida Statute 741.30, outlines how someone can obtain an injunction. Anyone who has reason to believe that he or she is in imminent danger of becoming a victim of any act of domestic violence can ask the court for an injunction. It does not cost the victim any money to file for the injunction.
Once the petition for injunction is filed, a Judge has an opportunity to review the petition without any of the parties present and can determine whether to schedule the injunction for a Final Hearing. If the Judge decides that there is enough evidence to schedule this matter for a Final Hearing, then both parties are scheduled to come before the Judge so that the Judge can listen to both sides and review evidence and determine whether to issue a Permanent Injunction. The civil injunction can last for the rest of someone’s life if the Judge decides that it is necessary.
Ultimately both of these types of restraining orders can negatively affect a person in many ways. The injunctions can affect someone’s ability to see their own children, their spouse, and/or return to that person’s home. In each of these situations, the person who is arrested has an opportunity to defend themselves in front of the Judge, and that person does not have to defend themselves alone. Hiring an experienced and knowledgeable attorney can be a decision that will change your life forever. Attorney Matt Thompson works hard to defend clients in domestic violence situations. Attorney Thompson has offices in DeLand and Daytona Beach to ensure that he is available to his clients in their time of need. To see if Attorney Matt Thompson is the right attorney for you, schedule a free consultation by calling 386-463-4529, toll free at 877-934-4529, or text Attorney Thompson directly to his cell phone at 386-337-2219.