Does It Seem Like Everything has Cooled Off with the Alleged Victim in Your Domestic Violence Case? Contacting Them Can Land You Back in Jail!

Over the years, I have come to hear a lot of the same reasons for reconnecting with the person that accused you of domestic violence in the first place.

  1. “Everything was a big misunderstanding.”
  2. “The incident was blown out of proportion.”
  3. “I still love them and don’t want anything to happen to them.”
  4. “I forgive them and I just want us to be together again.”
  5. “Police put words in my mouth.”
  6. “I was really upset that night and wanted to get them in trouble.”

No matter how much regret the alleged victim is feeling, OR how much you might want to get beyond this and continue your relationship, you need to be careful.  It also doesn’t matter if the alleged victim is the one initiating the contact.  I can tell you about countless examples where everything is “back to normal” and then someone gets upset and you end up in jail.

This Time Might be Worse than the First

When you are charged with violating a protective order (i.e. No Contact Order or Stay Away Order) or domestic violence injunction you are probably extremely nervous about what may result. Don’t worry, most of my clients come to me feeling that way at first. 

If you are here today because you have violated a stay away order, you need help from a criminal defense lawyer that understands how the criminal domestic violence process works and will fight to protect your rights, help you protect your good name and limit your exposure to harsh consequences.  We can help.  Get started by filling out our contact form for by calling our office, (305) 707-7345, to schedule your 4-Point Case Evaluation and Defense Strategy Session.

No criminal charge should be taken lightly, especially not the violation of a protective order or injunction. The Court and the State will likely be unsympathetic to those that violate injunctions, especially when that injunction is related to a domestic violence case.

Is There a Difference Between an Injunction and a Stay Away Order?

Somewhat.  An injunction is often referred to as a restraining order and is typically put in place by a judge in civil domestic violence court whereas a Stay Away Order or a No Contact Order comes as a result of a pending criminal charge and is put in place by the judge in your criminal case.

An injunction, commonly referred to as a “restraining order,” prohibits or restricts your ability to have contact with another person, commonly the victim of a crime or act of domestic violence. A restraining order or injunction is usually granted to prevent threats of harm, physical violence, harassment, stalking or domestic abuse. 

A criminal stay away order or no contact order operates in pretty much the same way, but is put in place during a domestic violence case in criminal court.

Serious Consequences

Either way, violating an injunction (a first-degree misdemeanor) is a serious crime in the state of Florida and you can face up to 364 days in jail, twelve (12) months probation and a $1,000 fine.  Violating a court’s order can also have severe immigration consequences as domestic violence related cases could be additionally problematic for non-citizens.

Not to mention it can keep you in jail until the case(s) are resolved.

When charged with the crime of violating a domestic violence injunction or protective order, no matter how insignificant it may seem, it is imperative to seek the help of a Miami criminal defense attorney as soon as possible in order to ensure your rights are protected and every possible defense is investigated and explored.

Cases like these can turn on the smallest details.  Make sure someone is in your corner and looking out for your interests.  The consequences can ruin everything you’ve worked for.

If you are here today because you feel frustrated about being charged with violating an injunction or protective order and it is disrupting your life, we should talk.  Set up a Free 4-Point Case Evaluation and Defense Strategy Session with me by first calling (305) 707-7345.  The sooner we talk, the sooner you will have clarity on what you face—and just a little clarity can take away a lot of the stress.

Daniel Izquierdo
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Criminal Defense Attorney