Florida Charges of Violating a Protective Order
If you’ve been accused of violating a protective order you’re not alone. Studies indicate that half of all victims of domestic violence who’ve obtained protective orders in the country report their abusers violate those orders, with a result of escalating violence. When alleged victims claim such orders are violated, petitioners say nothing happens to alleged abusers when the violation is reported to authorities. While that may be the case in some states, in Florida the legal consequences for violating a protective order are significant.
What is a Protective Order?
A protective order, legally known as an injunction for protection, can be issued on a temporary basis and later could be extended to become a final injunction. A temporary order directs the abuser to stop harming the petitioner and addresses living arrangements, temporary parenting and time-sharing issues, and pets.
What Do These Orders Mean
Once a final protective order is issued, the respondent must:
| Protective Order |
| Refrain from contacting, directly or otherwise, anyone named in the order. |
| Never stalk, threaten, harass, or harm those named in the order |
| Maintain a distance of 500 feet from those named in the order and their homes, workplaces, schools, and other places frequented by the petitioner. |
| Avoid coming within 100 feet of the petitioner’s vehicle, whether or not they are in it. |
| Move out of a home shared with anyone named in the order. |
| Surrender possession of firearms, ammunition in some cases. |
| Never destroy or deface personal property belonging to the petitioner. |
Penalties for Violating the Protective Order
The legal consequences for violating a protective order in the State of Florida are serious. For starters, a warrant is not necessary in order for police to make an arrest if they have probable cause to believe a protective order has been violated. To make matters more cogent, understand that each incident is regarded as a separate violation, meaning multiple charges could land on a habitual violator:
- Violating a temporary order could result in misdemeanor charges, with a $1,000 fine and a year behind bars.
- Having a previous violation, or using violence during the violation is a felony, and could lead to $5,000 in fines and five years in the state prison.
- Any violation could mean an offender must participate in counseling, domestic violence classes, or anger management classes.
Protecting Your Rights
The dedicated Miami criminal defense attorneys at The Law Office of Julia Kefalinos are dedicated to protecting the rights of our clients, regardless of the charges. We provide a vigorous defense and explore all legal avenues in order to achieve the best possible outcomes for you. To discuss, schedule a confidential consultation in our Miami office today.
Source:
m.flsenate.gov/statutes/741.31
