What this blog covers:
Penalties for Violating a Restraining Order | What Happens When the Victim Is the Violator | Why Was I Arrested? | Can I Challenge a Restraining Order?
Although restraining orders and orders of protection are usually issued in civil court when someone is accused of harassment or stalking, it is a criminal offense to violate an 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. Conviction affects your ability to get a job, have custody of your children, and even your ability to find a place to live.
What Are the Penalties for Violating a Restraining Order or 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 (ex. stalking or domestic violence) while 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. If you've been arrested, you need a Fort Lauderdale defense attorney immediately--contact ours for free 24 hours a day. We've defended people just like you thousands of times: we know how to protect your future.
What Happens When the Victim Violates the Protective Order
If the victim of the protective order violated the terms they set, you may still be charged with violation of the order. There are not many precedents for when the person who filed a protective order does not hold to them--however, spouses who have filed injunctions against the other spouse have reconciled before. In some cases, the injunctive order still applied, leading to the arrest of the violator. Not all courts will press charges in these cases, but it may not be worth the risk to you if you're trying to avoid arrest.
Why Was I Arrested for Violating a "No Contact" Order?
There are several different types of restrictions that can be issued by the 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.
Someone with a restraining order against them could be arrested for:
- Calling or in any way contacting the victim
- Being too close in distance to the victim
- Not vacating a shared residence
- Not surrendering firearms and ammunition
If you violate any of the terms or conditions that have been included in the restraining order, you will 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.
Do I Have the Right to Challenge a Protective Order?
Yes! Just not immediately after it has been issued. 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 to discuss your legal options.
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 at (954) 543-1788 to learn more!
Related Links: