Law is not black or white, it's grey



Stalking and aggravated stalking

Aggravated stalking is committed if there is a simple stalking combined with a credible threat with the intent to place that person in reasonable fear, for themselves or their family, that they will be physically harmed. Aggravated stalking is punishable by up to five years prison.

Restraining order injunction

Restraining order violation of injunction hearing lawyer

Florida Restraining Order Lawyer

An injunction is sought when one person does not want to have contact with another person.  Usually, the allegation involves some battery or abuse.  While lawyers call them injunctions, most people in everyday language call them restraining orders. They are commonly associated with allegations of domestic battery, battery, felony battery, aggravated battery, aggravated assault and battery on a pregnant person, and child abuse.

As a practical matter, temporary injunctions are very easy to get. The petitioner (the person claiming they have been the victim of violence, repeat violence, or sexual violence) fills out an affidavit. They state why the judge should give them a temporary injunction. Generally, they say that the respondent (the person who allegedly committed the battery or other crime) hit them, hit their child in their presence, or beat them up, etc. The judge will set a hearing to determine if the injunction will continue. You are entitled to notice of the hearing. Usually, you will get served a subpoena by a police officer, with a copy of the petition.

A criminal defense lawyer will cross examine the witnesses and essentially get a free deposition of the accuser for the impending criminal case.  Generally, the defendant does not get a chance to talk with witnesses via a deposition in a misdemeanor case.  If the injunction or restraining order is granted, the injunction could be one year, two years, or indefinite. You can hire a restraining order criminal defense lawyer to help you modify, quash or get rid of the injunction after it is ordered. The possible penalty for violating an injunction is one year in jail. Also, you may be subject to contempt of court charges and facing more jail time.




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