What to Do If You’re Caught with a Firearm after an Injunction for Domestic Violence



In Florida, if you have a domestic violence injunction against you, whether your offense was a misdemeanor or felony, it is illegal to possess or operate a firearm. Even if your domestic violence injunction was for a non-violent offense, this law still applies. If you are caught in possession of a gun after a domestic violence injunction, you may face criminal charges that could result in significant consequences, including jail time and hefty fines.

If you are facing a possession of a firearm or ammunition charge with a domestic violence injunction, it is imperative to work with a skilled criminal attorney.

Possession of a Firearm or Ammunition While an Injunction for Domestic Violence Is in Place

Under Florida law, a “possession of a firearm or ammunition while an injunction for domestic violence is in place” charge is defined under the following conditions:

  • A judge issued a final domestic violence injunction against you, and you were aware of or had acknowledged this injunction.
  • While your domestic violence injunction was in place, you were in possession of or operated a firearm in your care, custody, or control.

This means that if you are found in possession of or operated of a firearm while you have been served with a temporary injunction—such as one put in place by a judge before a hearing—  you will not face criminal charges.

What Is the Difference Between Actual and Constructive Possession?

There are two different kinds of possession: actual and constructive. Actual possession refers to situations in which the defendant was aware of the presence of the firearm and physically had it in their hand or in close proximity so that it was within their reach and control.

Constructive possession is more complicated; it involves situations in which a firearm is located in a place that can be accessed by the defendant, such as their car. Unlike actual possession, in incidents of constructive possession, the defendant did not have the firearm physically on them or within their immediate grasp.

What Are the Consequences of a Possession of a Firearm with a Final Injunction for Domestic Violence Conviction?

A conviction for possession of a firearm with a final injunction for domestic violence is a first-degree misdemeanor, which is punishable by up to one year of jail. However, depending on the circumstances of your situation, you may face additional consequences, including:

  • Community service hours
  • Expensive fines and court fees
  • Restitution to victims to cover battery-related bills, such as medical expenses
  • Substance abuse and anger management counseling

If convicted, these are a few of the consequences you may face. If you are facing possession of a firearm with a final injunction for domestic violence charges, you should contact a criminal defense attorney. A skilled attorney will examine all the factors surrounding your case and determine the best strategy for defending your case.

Contact a Skilled Orlando Criminal Defense Attorney

Charges for possession of a firearm with a domestic violence injunction are serious and accompanied by significant penalties. If you are facing these charges, it is imperative to consult a skilled criminal defense attorney. A lawyer can review the specifics of your case and provide a detailed perspective of your legal options.

At Fighter Law, our team is dedicated to fighting for our clients that have been wrongly accused. Our excellent legal team has a superb reputation for helping clients defeat injunctions and regain their rights. Additionally, Attorney Thomas Feiter is Board Certified and one of the leading attorneys for injunctions in Central Florida. To discuss your situation with one of our skilled attorneys, call (407) FIGHTER (344-4837) or fill out our online contact form today.

Share:


Ask Us a Question!

Call Now ButtonCall Now
ESPAÑOL?