A restraining order offers legal protection for individuals facing harassment or threats. In Florida, violating these orders incurs severe consequences.
This article explores the penalties linked to breaking a restraining order, ranging from fines to imprisonment.
What Is a Restraining Order?
A restraining order is a court-ordered legal decree that protects individuals from harassment, stalking, or threats. The order's primary purpose is to prohibit an offender from contacting or approaching the protected individual.
Restraining orders apply in various situations, including domestic violence cases and harassment. They serve as essential tools for victims, providing a legal framework for protection and enforcement.
Types of Restraining Orders in Florida
Florida recognizes distinct types of restraining orders, each tailored to specific circumstances, such as:
- The Stalking Restraining Order
These orders help keep active stalkers away. - The Sexual Violence Restraining Order
These orders help protect individuals who have suffered sexual assault or battery. - The Dating Violence Restraining Order
These orders help safeguard those experiencing violence in a dating relationship. - The Repeat Violence Restraining Order
These orders address repeated acts of violence from someone who is not a family member. - The Domestic Violence Restraining Order
These orders protect individuals from violence or threats by a family member or intimate partner.
Criminal Consequences of Violation
Violating a restraining order in Florida can lead to significant legal consequences. Depending on the violation's nature, offenders can face misdemeanor or felony charges.
A first violation typically results in misdemeanor charges, carrying fines up to $1,000 and potential jail time of up to one year. However, repeat violations or those involving threats or physical harm may elevate the charges to a felony, which can include fines exceeding $5,000 and imprisonment for five years or more.
Judges may impose additional penalties such as mandatory counseling or community service. Courts do not take violations lightly, focusing on victim protection and offender deterrence. Ignoring a restraining order jeopardizes the offender's freedom and complicates their legal standing in other matters, leading to a cycle of escalating consequences.
Civil Consequences of Violation
Violating a restraining order can impact ongoing legal proceedings, such as divorce or child custody cases. Courts view violations as a disregard for legal protections, leading to negative perceptions of the alleged offender's character. The court may favor the alleged victim over the alleged restraining order violator.
In custody disputes, a history of violating restraining orders may prompt judges to adjust custody or visitation rights. Courts prioritize the safety and well-being of children, often restricting or removing visitation privileges for alleged offenders.
Additionally, alleged victims can use the violation to strengthen their legal arguments, pushing for modifications that enhance their safety. This shift can result in limited access to children for offenders, affecting their parental rights and relationships.
Defenses Against Violation Allegations
Here are some defense strategies you can use if you are accused of violating a restraining order:
- Lack of Knowledge
You could argue that you were unaware of the restraining order or its specific terms. In this claim, you must demonstrate that proper notification was not received. - Accidental Contact
You may claim that any contact you made with the protected individual was accidental or unintentional. Situations in public settings where you did not seek out contact may support this argument. - No Harm or Threat
You could demonstrate that your alleged actions did not result in harm or pose a threat to the protected individual by showcasing a lack of aggressive behavior or intent. - Contextual Evidence
You could produce evidence that contextualizes your actions, such as witness testimonies or character references. Documentation detailing the circumstances surrounding the alleged violation can help clarify intentions. - Compliance with Order Terms
You may be able to prove that your actions did not breach the conditions outlined in the restraining order. Doing so might include showing that interactions fell within permissible boundaries.
If you’ve been accused of violating a restraining order’s terms, Hubbs Law, P.A. is here to help. To schedule a free consultation with our team, call us today at (305) 570-4802 or contact us online.