If you are being accused of violating a protection order or domestic violence injunction in the State of Florida, you are probably nervous about what could happen to you. Any criminal charge is nothing to take lightly and if you knew there was an injunction or restraining order in place, you may have some idea of the penalties. These protection orders and injunctions are taken very seriously by the Florida criminal courts. When you are found in violation of one of these court orders, you may be facing serious criminal repercussions. Courts are often extremely unsympathetic to protection order violation and domestic violence related offenses in particular, regardless of the facts of the case. It can take an experienced defense lawyer to sort through the legal mess and make sure you legal rights are protected. You may not have known about the order, or the justification behind it may be legally flimsy or invalid. But even if you don’t believe the injunction or restraining order is fair, you must abide by its terms. Call us today to discuss the particulars of your case and to see how we can fight on your behalf and improve your chances of a positive outcome on your day in court.
A restraining order is a short term solution. When someone (the alleged victim) requests a protective injunction, a hearing must be held. Until the hearing happens, a restraining order will be put in place. Once the hearing occurs, a domestic violence protective injunction can be issued if the judge believes it is necessary to keep the victim safe. Regardless of whether the order was a temporary restraining order or a protective injunction, it must be followed, even if you believe it was issued in error. Both restraining orders and protective domestic violence injunctions can order many things:
If you are found to be in violation of a restraining order or protective injunction in the state of Florida you may be charged with a 1st degree misdemeanor punishable by up to one year in jail and fines reaching $1,000. Ref: Fl. Stat. §741.31
Depending on what occurred during the violation, you may face additional charges. For instance, if you are found stalking and in violation of a restraining order, the charge is automatically elevated to aggravated stalking simply because the court order was in place. This slight difference means a potential sentence of 1 year jumps to a potential sentence of 15 years!
Yes, you have a right to challenge the facts that allege the need for this order. Protection orders can often be issued without strong legal grounds and justification. If you weren’t given a chance to defend yourself when it was issued, we may be able to go back and fight to get it rescinded and cleared. An active protective order may show up on any background check that is done on you. That kind of a black mark on your record can prevent you from getting a job, and cause other serious problems for you.
Penalties for offenses committed in violation of a restraining order. In order to know exactly what potential penalty you are facing you should contact us as soon as possible. We have handled many cases just like this and know what you are facing, and more importantly, what it takes to fix it. Call us for a consultation today.
For over twenty years, the law firm of Allen & Abaray, P.A. has provided exceptional statewide representation for injury victims, and the families of those who are injured or killed by the conduct of others. While our personal injury lawyers are based in Lakeland, we represent clients throughout the State of Florida.
Allen & Abaray, P.A. offers a free consultation in all personal injury cases. If you have been injured or lost a loved one in any type of accident, call (863) 669-9999 or toll-free at (877) 669-6899 today to speak with a Lakeland personal injury attorney about your case. We won’t charge an attorney’s fee unless we recover money for your injuries.*