Local police officer arrested for violating domestic violence injunction
October 04, 2010
With the rash of domestic violence cases hitting the news wires, especially recent cases involving numerous homicides, a case involving a police officer would make for interesting reading. A Miami-Dade police officer was arrested last week for violating a domestic violence injunction. The officer has been relieved of duty and is facing a misdemeanor in domestic violence court. The officer can either choose to represent himself at his arraignment of he can hire a
Miami criminal attorney to represent him, at which point he will not have to appear in court for his initial appearance.
In all cases, as long as a victim appears in the
domestic violence courthouse and fills out an affidavit in support of an injunction against domestic violence, a judge will sign a temporary injunction and the set the case for hearing at a future date. The temporary injunction will remain in place until the hearing is held. At the end of the hearing a judge will determine whether an injunction will be extended, put in place permanently or dismissed. Anyone served with notice to be at a hearing on an injunction has the right to retain criminal defense lawyer to represent his or her interests at the hearing. A petitioner, as well as a respondent has the right to present witnesses to testify at the hearing can also testify on his or her behalf.
A judge will extend or grant a permanent injunction if the petitioner can demonstrate that he or she has been the victim of two incidents of violence or stalking, one of the incidents having occurred within the last six months. Crimes of violence include assault,
aggravated assault, battery, aggravated battery, stalking,
aggravated stalking, kidnapping or false imprisonment. Stalking is defined as anyone who engages in a course of conduct directed at a specific person that causes substantial emotional distress. Stalking also requires a course of conduct composed of series of acts over a period of time. Stalking is a first degree misdemeanor, unless the respondent intentionally places the petitioner in reasonable fear of death or bodily injury, then the offense can be charged as a third degree felony. A person who commits a stalking after an injunction is in place can also be charged with a third degree felony.
Violations of injunctions, whether charged as a misdemeanor or a felony, are taken seriously by judge and prosecutors alike. Because this is the case, anyone served with a petition for an injunction against domestic violence for repeat violence, should seek to hire a Miami criminal defense law firm in defending these types of cases. If a permanent injunction is entered by the court, it becomes the permanent part of a person's criminal record and can never be
sealed or expunged. If an injunction is entered by the court, the respondent will also be required to enroll and successfully complete a domestic violence intervention program lasting approximately 26 weeks. Another reason to contest the injunction is because any future violation of the injunction can subject a person to criminal prosecution under the laws of the State of Florida.
Miami-Dade Cop in Love Triangle Arrested in Miami Beach, The Miami Herald.com, September 30, 2010.
