Following a domestic violence incident, the alleged victim has the option petition the court to grant a restraining order or injunction against the alleged perpetrator. Once a restraining order or injunction is granted, it becomes legally binding. Any violations of the order can result in serious consequences.
What are common restraining order violations?
Restraining order violations can occur in many ways. Some common violations under Fla. Stat. § 784.0487(4)(a) include:
- Calling, texting, or emailing, or otherwise reaching out to the petitioner
- Threatening the petitioner
- Continuing to live in the home you share with the petitioner
- Being within 500 feet of the alleged victim or a place frequented by the petitioner
- Continuing to possess firearms
What happens if you violate the order?
Violating a restraining order or injunction is against the law. First-time offenders may face first-degree misdemeanor charges and face the following consequences:
- Up to one year in jail
- 12 months of probation
- Up to $1,000 in fines
Multiple prior convictions for violation of an injunction or order may result in third-degree felony charges and additional fines and jail time.
If a restraining order or injunction has been granted against you, it is extremely important that you adhere to the terms of the order, even if you feel that it should never have been granted in the first place.
If you have been charged with violating the order after a domestic violence incident, you may be able to defend against the charges by showing that you did not violate the order or that you were not made aware of the order in the first place.
