After a domestic dispute or another altercation, it’s common for one party to file for a restraining order. If granted, it’s crucial that the terms of the order are followed. Otherwise, there could be criminal consequences.
Types of Restraining Order Violations
Some of the main ways that people violate restraining orders are:
- Contacting the petitioner: the person who got the restraining order did it to intentionally stop contact. If you contact the petitioner online or in person, it is a violation.
- Threatening the petitioner: not only will you be breaking the no-contact rule, but you also run the risk of further assault charges. Even if you are upset about the restraining order, you cannot threaten the petitioner to have it dropped.
- Being physically near the petitioner: the restraining order prevents you from being within 500 feet of the petitioner. If you show up at their residence, workplace, or another location where they are present, it is a violation.
- Firearms violations: federal and state laws prevent individuals with a restraining order against them to own or possess a firearm.
Penalties for Violating a Restraining Order in Florida
If you are found guilty of violating a protective order in Florida, you face criminal penalties. Most simple violations will result in a first-degree misdemeanor charge.
This is punishable by:
- Up to one year in jail
- 12 months of probation
- A fine of up to $1,000
Defenses for Restraining Order Violations
If you are facing charges for violating a restraining order, you are still able to defend yourself. Once you are made aware of your charge, contact an experienced defense attorney. They will be able to work with you to develop a defense for your case.
This could be:
- The violation never actually occurred
- The petitioner is lying about being contacted
- You were unaware of an active restraining order against you
Adequate use of these defenses can lead to your case being dismissed or you being found not guilty.
Hager & Schwartz, P.A. in Fort Lauderdale, Florida
If you were recently accused and charged for violating a restraining order, contact us at Hager & Schwartz, P.A.. Misunderstandings, false allegations, and innocent mistakes may be the reason behind your charge. Share the details of your alleged violation with our team today, click here.