Ricardo Alvarez P.A.

Lakeland, FL Domestic Injunction Violation Defense Attorney

Experienced Criminal Defense Attorney in Lakeland, FL - Ricardo Alvarez offers aggressive legal services for alleged domesitic injunction violations. Contact Domestic Injunction Violation Defense Attorney Ricardo Alvarez Today!


Lawyer, Ricardo Alvarez

Call 863.709.0808 about your Domestic Injunction Defense legal needs in Lakeland, Polk County, and Central Florida.

Domestic Injunction: A domestic injunction is a protective order filed by one individual against another for the purpose of legally establishing conditions and limitations of contact against the party the domestic injunction is administered to, with regards to the individual (or individuals) the domestic injunction is intended to protect. In order for a domestic injunction to be valid a judge has to grant the injunction. Additionally, the domestic injunction must be properly administered directly to that person by law enforcement, if the receiving party is not present in court at the time the domestic injunction has been granted. The reason for this is that a person cannot be considered in violation of a domestic injunction they have not been lawfully made aware of. Domestic injunctions are often referred to as a protective order, restraining order, or an order of protection.

The Purpose of a Domestic Injunction is to:

Because domestic injunctions are often associated with domestic violence or the safety of another, the courts take violations of an injunction very seriously. Law enforcement will typically act swiftly when investigating an accusation of an injunction violation, as the safety of our citizens are the primary objective of law enforcement officers.

Over the years, we have seen many situations where individuals are not only wrongfully accused of violating the terms of a domestic injunction, but the accusations by the petitioner were false claims as well.

It is certainly not uncommon for an individual to be wrongfully accused and/or arrested for a domestic injunction violation. Our law firm has seen all to often that innocent people are accused and/or arrested because of spite, a grudge, or to gain favor regarding ongoing child related legal issues. We will aggressively fight to have the domestic injunction violation dismissed, and when necessary, fight for your rights, freedoms, and innocence using every legal resource available under the law.

If you have been accused of violating the terms of a domestic injunction protective court order, you need an attorney on your side who is knowledgeable of the law, experienced at trial, and able to negotiate for you from a position of strength. Call our law office 24 hours a day, 7 days a week at 863.709.0808, or by using our online case evaluation form.

We stand ready to aggressively represent you, and answer all of your questions. An aggressive defense of your case in the early stages could lead to the charges against you being dismissed or reduced.

CRIMINAL DEFENSE ATTORNEY SERVING LAKELAND, WINTER HAVEN, BARTOW, POLK COUNTY, AND CENTRAL FLORIDA

Contact Domestic Injunction Violation Defense Lawyer, Ricardo Alvarez today at 863.709.0808





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ATTORNEY, RICARDO ALVAREZ
BIOGRAPHY

Attorney, Ricardo Alvarez

Ricardo Alvarez is a Criminal Defense Attorney who serves the Lakeland, Winter Haven, Bartow, Polk County, Hardee County, Highlands County, Hillsborough County and Central Florida areas.

Attorney, Ricardo Alvarez handles local, state and federal criminal cases.

Mr. Alvarez is a former prosecutor for the 10th Judicial Circuit of Florida, whichh covers Hardee, Highlands, and Polk Counties.

Attorney, Ricardo Alvarez was also former producer, news director, and vice president of news & Sports for Telemundo in New York, NY, and was also a producer and executive producer for Univision in New York, NY and San Fransisco, CA.

RICARDO ALVAREZ - BIOGRAPHY › › ›



CRIMINAL LAW
AREAS OF LEGAL PRACTICE

Contact Attorney, Ricardo Alvarez

Criminal DefenseDUI DefenseDrug ChargesFelonyMisdemeanorArsonAssaultBatteryBurglaryRobberyTheftTraffic CrimesTraffic TicketDriving Under License SuspensionDomestic Violence DefenseDomestic Injunction ViolationsFraud CrimesHomicide CrimesJuvenile Offender DefenseSealing and ExpungementSex CrimesViolation of Probation DefenseWeapon - Firearm Charge DefenseWhite Collar Crime Defense


CONTACT THE LAW OFFICE OF RICARDO ALVAREZ, P.A. › › ›



ATTORNEY, RICARDO ALVAREZ
BIOGRAPHY

Attorney, Ricardo Alvarez

Ricardo Alvarez is a Criminal Defense Attorney who serves the Lakeland, Winter Haven, Bartow, Polk County, Hardee County, Highlands County, Hillsborough County and Central Florida areas.

Attorney, Ricardo Alvarez handles local, state and federal criminal cases.

Mr. Alvarez is a former prosecutor for the 10th Judicial Circuit of Florida, whichh covers Hardee, Highlands, and Polk Counties.

Attorney, Ricardo Alvarez was also former producer, news director, and vice president of news & Sports for Telemundo in New York, NY, and was also a producer and executive producer for Univision in New York, NY and San Fransisco, CA.

RICARDO ALVAREZ - BIOGRAPHY › › ›


What constitutes a violation of a domestic injunction in Florida?

In Florida, a violation of a domestic injunction occurs when someone subject to a domestic violence injunction, restraining order, or protective order (also known as a "no-contact" order) engages in prohibited conduct outlined in the court-issued order. These orders typically prohibit specific actions, such as contacting or approaching the protected party, going to their residence, workplace, or school, and possessing firearms or ammunition. Violating any of the restrictions or conditions outlined in the injunction constitutes a violation. Such violations can result in criminal charges, including contempt of court or other related offenses. Penalties for violating a domestic injunction in Florida can include fines, probation, jail time, and even further restraining orders. It's crucial for individuals subject to domestic injunctions to fully understand and comply with the terms of the court order to avoid legal consequences.


If I am accused of violating a domestic injunction in Lakeland or Polk County Florida, what are the potential consequences or penalties for violating a domestic injunction?

If you are accused of violating a domestic injunction in Lakeland or Polk County, Florida, the potential consequences or penalties can be significant. Violating a domestic injunction is a serious offense, and if convicted, you may face penalties that can include fines, probation, community service, or even imprisonment, depending on the specific circumstances of the violation and your criminal history. Additionally, you may be subject to additional restraining orders or protective orders, and the violation can negatively impact future legal proceedings related to family law matters, such as child custody or divorce. It's crucial to consult with an experienced attorney who specializes in domestic injunction cases to understand the potential consequences and develop a strong defense strategy to protect your rights and mitigate the legal consequences if you are accused of violating a domestic injunction in Lakeland or Polk County, Florida.


Can I be arrested in Florida without evidence of violating the injunction?

In Florida, you can be arrested for violating a domestic injunction without direct evidence of the violation, although it often depends on the circumstances and the court's findings. Courts may issue injunctions based on allegations and a petitioner's sworn statements, and law enforcement may take those allegations seriously when assessing potential violations. However, it's essential to note that a mere allegation or accusation may not always lead to an arrest or conviction. The burden of proof lies with the prosecution to establish that a violation occurred beyond a reasonable doubt. An arrest might occur if law enforcement reasonably believes there is enough evidence or probable cause to support the accusation. If you are arrested without clear evidence, it is crucial to consult with an experienced attorney to build a strong defense and challenge the allegations against you.


Is it a crime in Florida to falsely accuse someone of violation a domestic injunction? 

Yes, in Florida, falsely accusing someone of violating a domestic injunction can have legal consequences. Making false allegations with the intent to harm someone's reputation or to manipulate legal proceedings can be considered perjury or making false statements, both of which are criminal offenses. If it is determined that you knowingly provided false information or fabricated accusations to law enforcement, the court, or during legal proceedings related to a domestic injunction, you may be subject to criminal charges. Penalties for these offenses can include fines, probation, or even imprisonment, depending on the severity of the false accusations and their impact on the legal process. It is essential to take any such allegations seriously, and if you believe you have been falsely accused, consult with an experienced attorney who can help protect your rights and navigate the legal process effectively.


How can I defend against allegations of violating a domestic injunction in Florida?

Defending against allegations of violating a domestic injunction in Florida requires a strategic approach and legal representation. Some potential defense strategies include challenging the validity of the injunction itself, ensuring that it was properly served and lawfully obtained, and demonstrating that you did not willfully or knowingly violate its terms. Providing evidence to show that you had a legitimate reason to be in the vicinity of the protected party or that you had no intent to violate the injunction can be crucial. Additionally, disproving the specific allegations made against you with evidence such as witnesses, communication records, or surveillance footage can be effective. It's essential to consult with an experienced attorney who specializes in domestic injunction cases, as they can assess the details of your case, guide you through the legal process, and build a robust defense tailored to your circumstances to protect your rights and minimize the potential consequences.


If someone that has an active domestic injunction against me contacts me to talk or set up a meeting, what should I do?

If someone who has an active domestic injunction against you contacts you to talk or set up a meeting, it is crucial to prioritize compliance with the court-ordered injunction. Do not engage in any communication or attempt to meet with the individual, as this may be considered a violation of the injunction, even if they initiate contact. Instead, maintain strict adherence to the terms and conditions outlined in the injunction, which often include maintaining a no-contact rule. Document any attempts at contact, including dates, times, and methods of communication, as this documentation may be valuable if any legal issues arise. If you have concerns or questions about the injunction or the other party's behavior, consult with an attorney who can provide guidance and ensure you are acting in accordance with the court's orders to protect your rights and legal standing.


Can I have a domestic injunction modified or lifted in Florida?

Yes, in Florida, it is possible to have a domestic injunction modified or lifted, but the process is subject to certain conditions and procedures. To seek a modification or lifting of the injunction, you would typically need to file a formal request with the court that issued the injunction. The court will review your request and may consider factors such as changes in circumstances, the safety and well-being of all parties involved, and whether both parties agree to the modification. If the court believes it is appropriate, it may grant your request to modify or lift the injunction. However, it's important to note that the court will prioritize the safety of the protected party, and modifications are typically granted when it is deemed safe to do so. Consulting with an experienced attorney who specializes in family law and domestic injunctions can help you navigate the legal process and increase your chances of achieving a favorable outcome.


In the State of Florida, how does a no-contact order differ from a domestic injunction, and what are the consequences of violating it?

In the State of Florida, a no-contact order and a domestic injunction differ in scope and purpose. A no-contact order is typically issued by the court as a condition of bail or pretrial release in criminal cases, prohibiting the accused from contacting the alleged victim or witnesses until the criminal case is resolved. On the other hand, a domestic injunction, also known as a restraining order or protective order, is a civil court order designed to protect individuals from domestic violence, stalking, or harassment and can have broader restrictions on the respondent's behavior. Violating either a no-contact order or a domestic injunction can result in legal consequences, such as criminal charges. For violating a no-contact order, consequences may include contempt of court charges or additional criminal charges related to harassment or intimidation. Violating a domestic injunction can lead to contempt of court charges and, in some cases, criminal charges like stalking or aggravated stalking. Penalties may include fines, probation, or imprisonment, depending on the severity of the violation and the court's orders. It is essential to take both types of orders seriously and comply with their terms to avoid legal consequences.


If a domestic injunction was issued based off false information, what can I do to prove the domestic injunction was improperly issued based on this false information?

If you believe a domestic injunction in Florida was improperly issued based on false information, you can take several steps to address the situation. First, consult with an experienced attorney who specializes in domestic injunction cases. Your attorney can help you gather evidence that demonstrates the falsehood of the information presented to the court, such as witness statements, communication records, or other documentation. Your legal representative can also guide you in filing a motion to modify or dissolve the injunction based on the false information and present your case before the court. It may be necessary to request a hearing to present your evidence and arguments effectively. Additionally, cooperating with any investigations or legal proceedings related to the false information can be crucial in demonstrating your commitment to resolving the issue. Overall, consulting with an attorney and diligently pursuing legal remedies are essential steps to challenge and potentially have a domestic injunction in Florida modified or dissolved when false information is a factor.


Contact Domestic Violence Criminal Defense Lawyer, Ricardo Alvarez today at 863.709.0808



Ricardo Alvarez P.A.

6700 Florida Ave S, Lakeland, FL 33813

Phone: 863.709.0808






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