What To Do If Your Spouse Violates A Domestic Violence Injunction?
Millions of married individuals across the United States become victims of domestic violence on a daily basis. Florida law allows spouses to seek a temporary injunction or a restraining order when their spouse poses a threat of harm.
While a domestic violence injunction is supposed to protect one spouse from the threat of harm posed by the other spouse, it is not uncommon for the restrained person to violate the injunction or restraining order.
What should you do when your current or former spouse violates a domestic violence injunction? Depending on the terms of the restraining order, an injunction may prohibit the restrained person from contacting or approaching the protected person.
Consider speaking with an Orlando domestic violence attorney if your spouse has violated a temporary injunction or restraining order.
Contact the Police if Your Spouse Violates a Domestic Violence Injunction
The first step you should take when your spouse violates a temporary injunction or protective order, or you otherwise believe that you are at risk of immediate harm, is to contact the police.
If there is a restraining order in place and it prohibits your former or current spouse from contacting you, you must report any violations of the order to the police. When calling the police, tell them that a domestic violence injunction is in place and be prepared to show a copy of the restraining order when the police arrive.
Reporting Your Spouse’s Violation of the Restraining Order to the Court
In addition to calling the police, you need to report your spouse’s violation of the restraining order to the clerk of the circuit court of the county in which the alleged violation has occurred. You need to contact the court when the spouse’s violation has not led to an arrest.
When reporting the violation, you will also submit an Affidavit in Support of Violation of Injunction to the court that put the original restraining order in place. The affidavit will also be forwarded to the appropriate law enforcement agency if your spouse committed a crime.
Once the law enforcement agency receives the affidavit, it will have 20 days to investigate the issue. As a result of the investigation, the law enforcement agency may charge the spouse who violated the domestic violence injunction with criminal contempt.
In Florida, violating a domestic violence injunction is charged as a first-degree misdemeanor, which is punishable by jail time and hefty fines.
Schedule a Confidential Consultation with an Orlando Domestic Violence Lawyer
If you fear for your safety or the wellbeing of your loved ones because your current or former spouse is abusive or could pose a danger, consider consulting with an experienced lawyer to discuss your legal options.
An attorney by your side could help you enforce a restraining order and/or hold your spouse in contempt for violating the terms of the injunction. Getting a divorce when your spouse is abusive or has a history of domestic violence can be both scary and stressful, which is why you may want to have a skilled attorney on your side to protect your rights.
Get a confidential consultation with our Orlando domestic violence lawyers at Donna Hung Law Group by calling 407-999-0099.