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So cofussed about violation of an injunction

Lake City, FL |

A judge denyed an order for protection on a case filed in july, can the state pick up charges for violating an earlier injunction given to that same petitioner for that same given date. Judge denyed in july, but have to go to court for violation of an injunction after the judge seen no wrong doing from the July case.

Attorney Answers 3

Posted

If there was a temporary injunction issued at the time of the alleged violation (before the July hearing date), and you had notice of the temporary injunction, you can be charged with violating the injunction. The temporary injunction was an Order issued by the Court and you were required to abide by the Order. You should talk with an attorney. It's possible that your lawyer can talk the State into dropping the charge or can work out a reasonable resolution of the charge under the given circumstances.

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Posted

Yes they can file violation of an injunction in the previous case. The subsequent denial does not operate to dissolve the previous order.

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Asker

Posted

My father in law of 24 years who wrote a note wanting his wife and him not be a part of the injunction; is now the 3rd party claiming my wrong doing. The injunction is not with my wife, it is with her son. We all lived on a 10 acre trac and I moved 120 miles away since hearing of the violation. What are the chances the judge will throw the case out? I was 1st offered 10 days and 12 months probation. I wasn't served any papers. I put myself on the docket immidiately when I heard I had a warrant for my arrest. There also have been approx. 25 injunctions filed amongst 10 people on the same trac.

Posted

You may be in violation of a temporary injunction or an earlier injunction. This is a serious criminal charge that although a misdemeanor, could result in permanent negative effects on your future. A conviction will result in a criminal record that will be accessible by anyone with a computer and by law enforcement during encounters as simple as a traffic stop. You should consult with your attorney and explore all your defenses. Make certain you keep open your lines of communication and share your knowledge of the case as well as take the time to review the discovery.

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James Regan

James Regan

Posted

Good answer, Mr. Brandt!

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