Although restraining orders and orders of protection are usually issued in civil court when someone has been accused of harassing, stalking or otherwise harming another person, it is a criminal offense to violate any such order. For this reason, you should speak with a Fort Lauderdale criminal defense lawyer immediately if you have been accused of violating an injunction in the state of Florida. A conviction could have long-lasting consequences.
Rudenberg and Glasser, P.A. has defended thousands of criminal cases. Find out how we can assist you by contacting our firm for a free consultation. We’re available 24/7!
How does an order of protection work?
There are several different types of injunctions that can be issued by a civil court. There are restraining orders, protective orders, domestic violence injunctions, repeat violence injunctions and more. While the specific conditions of each may vary, any such injunction will at least require the alleged offender to stay away from the victim.
Other terms that could be set by a restraining order include:
- You cannot call or otherwise contact the victim
- You must stay a certain distance away from the victim
- You may be ordered to vacate a shared residence
- You may need to surrender firearms and ammunition
If you violate any of the terms or conditions that have been included in the restraining order, you could face criminal charges. In fact, there is a good chance that you will be charged with a first degree misdemeanor. Depending on what happened, you could also face additional charges for crimes like stalking or domestic violence.
What are the penalties for violating an injunction?
If you are accused of violating a protective injunction in the state of Florida, you could be charged with a first degree misdemeanor. This means that you could face up to one year in jail and $1,000 in fines. If you have been accused of committing a separate crime like stalking while also violating the protective order, you could expect to face even harsher penalties. In fact, aggravated stalking is punishable by up to 15 years in prison.
Click here to learn more about Florida Statute § 741.31.
Do I have the right to challenge a protective order?
In the event that a protective order is issued against you, you would have the right to challenge the facts of the case. Unfortunately, many restraining orders are issued without strong legal grounds or justification, but that does not change the fact that you must abide by the order as long as it is active – even if you are innocent. The best thing that you can do for yourself is to speak with an experienced criminal attorney in Fort Lauderdale.
You should also know that it is possible for an active restraining order to show up on a background check. This could prevent you from seeking or securing employment, which is why you shouldn’t take this situation lightly. Whether you need help challenging the basis for the protective order or you have already been accused of violating it, you can count on the team at Rudenberg and Glasser, P.A. to provide the help that you need.
Contact Our Firm 24/7 for the Help You Need
Whether you or someone you love has been accused of violating a protective order in Florida, you should know that you have no time to waste! The sooner our firm is involved, the better it could be for your case. This is no small matter, so don’t wait to contact our firm. We are available to take your call 24 hours a day, 7 days a week, and we even offer a free initial consultation to get you started. Call our office today to learn more!