A review of 3 KEY topics You MUST Know by ➪ Boca Raton ➪
West Palm Beach Restraining Order Attorney Josh LeRoy on:
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Table of Contents
- 1 Injunctions/Restraining Order & Related Charges
- 2 What Should I Know About Injunctions/Restraining Orders, F.S. 741.30, And Others, Before Hiring a West Palm Beach Restraining Order Attorney?
- 3 Charged? Call West Palm Beach Restraining Order Attorney Josh LeRoy Because Experience Wins. Can You Afford to Lose?
What Should I Know About Injunctions/Restraining Orders, F.S. 741.30, And Others, Before Hiring a West Palm Beach Restraining Order Attorney?Tnder Florida law, those who believe they are in imminent danger from others
To protect themselves, they have the right to obtain “restraining orders,” also known as “injunctions.”
An injunction is simply an order issued by a judge that requires a person to do, or not to do, certain things.
For example, an injunction may order a husband alleged to have threatened his estranged wife not to have contact with her for thirty days.
Such restraining orders carry with them all the power of the law, and once so ordered, a person’s violation of the order can result in criminal charges, arrest, and serving time in jail.
What is an example of a defense to charges of violating a restraining order?
A restraining order issued without prior notice to the allegedly threatening party is usually valid for 15 days. So, if you are arrested for a restraining order after the designated period has expired, the charge against you must be dropped.
Also, if through your attorney, you can show the judge that in her application for a restraining order, the complaining party materially misrepresented the facts (thus perjuring herself and invalidating the order), you cannot be lawfully convicted of violating the injunction.
Remember: the law requires the state to prove its case against you beyond all reasonable doubt. Thus, to win your case, it is not your attorney’s job to prove you are innocent. Instead, by carefully studying the facts and the law, it is your attorney’s job to show that reasonable doubt, or better yet, several reasonable doubts, exist in the state’s prosecution.
What are the penalties for violating a restraining order?
Violation of an injunction issued for the alleged need for protection of a person from domestic violence is a first-degree misdemeanor, subjecting the defendant to penalties ranging from a term of probation up to one year in the county jail.
Charged? Call West Palm Beach Restraining Order Attorney Josh LeRoy Because Experience Wins. Can You Afford to Lose?
If you, or someone you know, find yourself in need of a West Palm Beach Injunction/Restraining Order Attorney in West Palm Beach County (Palm Beach County from Boca Raton, Boynton Beach, Delray Beach, Lake Worth, West Palm Beach, and up to Jupiter), or any of the surrounding areas, use the form below to drop me a note.
Tell me about yourself, what’s happened, and when would be a good time to contact you.
-Joshua LeRoy, Esq.
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