Another win as my client's criminal charge for violating a protection against domestic violence without minor children was dismissed in the middle of the trial.
If you are charged with violating a restraining order, domestic violence injunction, repeat violence injunction, or a dating violence injunction in Polk County, Florida, call Thomas C. Grajek and experienced injunction attorney today. 863-688-4606. Also, if you think someone is attempting to get an injunction for domestic violence against you, call an aggressive injunction defense lawyer fighting for you in court before you potentially face criminal charges and help prevent an injunction from being issued.
"Violation of Domestic Violence Injunction" carries serious criminal penalties including jail. Judges and prosecutors consider these arrests as very serious criminal charges
My client was charged with violating an injunction which is a 1st degree misdemeanor punishable by up to one year in the county jail. Potentially facing criminal charges is the most important reason that you attend and fight any petition for an injunction that anyone tries to place against you. An injunction was issued by the court and my client allegedly violated the court's order by calling and texting the Petitioner's phone. The Defendant's ex-girlfriend originally petitioned the court for an injunction and it was granted because my client did not attend the injunction hearing and fight the injunction.
Florida Statute 741.31 states:
(4)(a) A person who willfully violates an injunction for protection against domestic violence issued pursuant to s. 741.30, or a foreign protection order accorded full faith and credit pursuant to s. 741.315, by:
- Refusing to vacate the dwelling that the parties share;
- Going to, or being within 500 feet of, the petitioner’s residence, school, place of employment, or a specified place frequented regularly by the petitioner and any named family or household member;
- Committing an act of domestic violence against the petitioner;
- Committing any other violation of the injunction through an intentional unlawful threat, word, or act to do violence to the petitioner;
- Telephoning, contacting, or otherwise communicating with the petitioner directly or indirectly, unless the injunction specifically allows indirect contact through a third party;
- Knowingly and intentionally coming within 100 feet of the petitioner’s motor vehicle, whether or not that vehicle is occupied;
- Defacing or destroying the petitioner’s personal property, including the petitioner’s motor vehicle; or
- Refusing to surrender firearms or ammunition if ordered to do so by the court commits a misdemeanor of the first degree
After spending much time, research, and gathering evidence to support my clients defense, we were ready for a fight at trial. We were prepared to show that these criminal allegations were false and exaggerated made by the alleged victim of the crime. Being an experienced domestic violence injunction attorney, I knew we would need to prove that the text messages and phone calls did not come from my innocent client's phone. By gathering his phone records (in some cases I have to subpoena phone records), we were able to prove to the court that any calls to the victim did not come from my client. We were also prepared to prove that my client did not even know there was an injunction against him as he had no notice of the injunction petition. In the middle of the trial, our defenses were proven to be true and the criminal charges for "willfully violating a domestic violence injunction" were dismissed by the judge.
If you are charged with violating a restraining order, domestic violence injunction, repeat violence injunction, or a dating violence injunction in Polk County,Florida, call Thomas C. Grajek and experienced injunction attorney today.
DON'T HESITATE!!! CALL NOW!!! 863-688-4606
Call and talk to Thomas C. Grajek, to an experienced domestic violence lawyer in Polk County today!
PROTECT YOUR RIGHTS!!! CALL AN AGGRESSIVE CRIMINAL LAWYER THAT IS NOT AFRAID TO STAND UP IN COURT AND FIGHT FOR YOU!
Handling all domestic violence criminal charges in Polk County court including Bartow, Lakeland, and Winter Haven.
Case 2011-CM-023128 dismissed April 26, 2012