Violation of Order of Protection
by Rain from Jacksonville, Florida, Duval County
My ex has violated my order of protection four times now. This last violation instead of issuing a writ of attachment, a summons for a "just cause" hearing has been issued.
His family is protecting him so service has not been completed. Will the court:
a. Do nothing because he was not served ( This is a violation and he signs a contact outlining what is a violation)This was the reason he was picked up each time before.
b. Issue a writ at the time he does not appear?
c. If they do not move on with the hearing...what is my recourse for the violations? ( the violation was that he did nt complete the batter intervention program)
d. Will I be able to speak if I attend the violation hearing?
I am just lost on why this is such a different process.
Answer to Florida Court Forms Question
You are in criminal court now, not in family court. That is why it so different.
Every time he violates the order of protection, take yourself down to the courthouse, clerk of court for family law, and report his violation.
Even if the violation seems minor to you, it is still a violation.
And even, if the court staff seems unsympathetic, do it anyway. If he is under a no contact order and stalking you, then sending you a dozen roses is a violation.
Each violation is a misdemeanor in and of itself. If he is being supervised by a domestic violence unit, batterer’s intervention officer, or anyone like that, go to them and complain. Make sure it is known that he has not completed his classes. That is a direct violation of a court order, and judges do not like their orders to be ignored.
In a court hearing for domestic violence, you the victim, are only a witness. Most times, you are not allowed to speak. But attend every hearing anyway. The judge will come to recognize you. Eventually the judge may ask you to speak. Years ago, when I was in a similar situation, my ex violated his no contact order seventeen times.
I reported all of them. I went to every hearing. His private attorney and the assistant state attorney came to a plea arrangement where he would be charged with one single misdemeanor, adjudication withheld, and not even probation.
As you might imagine, I lost my temper at the weak stick prosecutor. The prosecutor who was supposed to be on my side. Minutes later in the courtroom, the judge listened to the attorney’s proposed plea arrangement. The judge has to approve plea arrangements, and she didn’t.
Instead, the judge asked me to come forward. She told me that I was the star, and asked me what I would like to see happen. I told her that my ex had hit his wife before me, he hit me, and he would hit the next one. BAM!
Judge said, adjudicated guilty. And he was found guilty and put on probation. He finally had a conviction. The next woman that he hit got him on a second conviction and he did about two years in prison. That was Judge Stasia Warren in Volusia County, who heard domestic violence cases there for many years. She and others saved my life.Notice:
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