Using and Abusing a Jacksonville Restraining Order

As Jacksonville Criminal Defense Lawyer and Jacksonville Domestic Attorney, I have represented people trying to obtain Jacksonville restraining orders or injunctions for protection against violence.  I have also represented people trying to fight or get rid of restraining orders or injunctions in Jacksonville, Florida.  When it comes to applying for a restraining order in Jacksonville, one of three types of injunctions can be issued.  The types of Florida injunctions are:

  1. Jacksonville injunction against domestic violence (Jacksonville domestic violence restraining order);
  2. Jacksonville injunction against dating violence (Jacksonville dating violence restraining order); and
  3. Jacksonville injunction against repeat violence (Jacksonville repeat violence restraining order).

Being a Jacksonville Domestic Violence Lawyer, I have seen cases where Florida restraining orders are needed to protect a domestic violence victim from further violence and abuse in Jacksonville.  On the other hand, as a Duval County Criminal Attorney, I have seen plenty of Jacksonville Domestic Battery cases that were false and support by only by false accusations and untrue allegations.  In some cases, a man or woman will file a Duval County Petition for an Injunction for Protection Against Violence based on lies.  When this happens, the Florida criminal justice system and Jacksonville domestic violence restraining orders are not being used for the intended purpose of protection.  Instead, the Jacksonville injunction petitioner is abusing and taking advantage of Florida’s restraining order laws.

In Jacksonville Injunction for Protection cases, not every person that files for a Florida restraining order needs one.  In some Jacksonville family law cases, a husband or wife will seek an injunction against for protection against domestic violence as a tool or to gain leverage in a Jacksonville child custody case.  When this happens, a family lawyer in Jacksonville needs to make the Duval County judge aware of what is happening.  If the respondent in the Jacksonville restraining order case does not speak up and show the judge what is going on, this may have a devastating effect on his or her future.

As a Jacksonville Criminal Lawyer, I have also seen cases where a Florida restraining order was used as a tool to gain control in a domestic relationship.  For example, in a Florida violation of a restraining order case, I represented a man for a violation of a domestic violence injunction in Jacksonville, Florida.  He was the criminal defendant in this Jacksonville domestic case.  The alleged victim lived with him at one time, as a family in Jacksonville, Florida.   The live-in girlfriend sought for and obtained a restraining order against him, because the criminal defendant did not seek the help of a Jacksonville Florida Lawyer to help him with his Jacksonville injunction case.  After the Jacksonville injunction was issued, the couple ended up moving back in together.  The restraining order was never dissolved in Jacksonville.

After this Florida criminal defendant and his girlfriend had an argument and he tried to leave her, she called the Jacksonville Sheriff’s Office.  When the police arrived at the house, they ran his name and discovered that there was an outstanding Florida restraining order.  Since the Florida criminal defendant was having “contact” with the alleged victim in violation of the Order granting the injunction for protection against domestic violence, he was arrested and charged with violation of an injunction in Jacksonville.  He taken to the Duval County Jail in Jacksonville and charged with a misdemeanor.  The Duval County State Attorney’s Office filed charges against him and moved forward with this Jaksonville Violation of an Injunction case.  Although I was able to get the charges dropped based on the circumstances and further investigation, legally and technically, he was guilty of Violation of an Injunction for Protection Against Violence in Jacksonville, Florida.  A Jacksonville restraining order does not allow you to have contact with the petitioner. It does not make a difference if the petitioner initiates the contact or wants to have contact with the respondent.  If someone has a Jacksonville restraining order against you, it is best to get rid of the Florida injunction before it comes back to haunt you.

Contact a Jacksonville Florida Attorney at (904) 564-2525 with any questions about injunctions and restraining orders in Northeast Florida.  Check out www.familylawyerinjacksonville.com for recent Florida family law issues.

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