What are the Penalties for Violating a Restraining Order in Florida?
As explained by the Florida Courts, a restraining order (protective order) is “a court order that tells one person to stay away from and not contact another person.” Restraining orders are legally binding. If a person violates the terms of a restraining order, he or she can face serious penalties—potentially including jail time. The violation of a protective order is a stand-alone criminal charge in Florida. It can lead to an arrest (and jail time) without police or prosecutors providing proof of any other criminal offense. In this article, our Stuart restraining order violation defense lawyer discusses the potential penalties for violating a restraining order in Florida.
A Restraining Order Can Be Violated in a Number of Different Ways
A restraining order (protective order) is legally binding in Florida. A violation can lead to serious criminal penalties. Notably, it is possible to violate a restraining order in several different ways. Some of the most common examples of restraining order violations in Martin County include:
- Contact (including Attempts): Prohibited contact—including unsuccessful attempts to communicate—is a common violation. Even if the contact does not involve a direct conversation, any attempt to send messages through emails, texts, or social media can breach the terms of a restraining order in Florida.
- Threats and/or Harassment: Threats and/or harassment form another category of violation. These actions can include verbal threats, written threats, or any behavior that intimidates or coerces. Harassment might manifest through persistent unwanted contact or manipulative actions designed to instill fear or anxiety in the protected person.
- Physical Proximity: Finally, unacceptable close physical proximity can also violate a protective order in Florida. It occurs when the restrained person comes within a certain distance of the protected person. Close physical proximity can be particularly alarming if it happens at sensitive locations like the protected person’s home or workplace.
Know the Law: Violation of a Restraining Order in Florida
The violation of a family law protective order is a criminal violation in Florida. By itself, even without any other offending conduct, it is a crime. Under Florida law (Florida Statute § 741.31), the protected person has the right to report a violation of their restraining order directly to the clerk of the circuit court of the county where the violation happened. For example, if a restraining order was violated in Stuart, it may be reported to the Martin County Circuit Court. That court can then start the process that will lead to the arrest of (and criminal charges being brought against) the offender.
An Overview of the Penalties for Violating a Restraining Order in Florida
In Florida, the violation of a restraining order is classified as a first-degree misdemeanor offense. A person who violates a restraining order—even if only an electronic contact-related violation instead of any actual physical proximity—can be arrested and charged with a crime. The penalties for a conviction of the charge of violating a restraining order in Florida include:
- An immediate arrest and criminal charge;
- Revocation of existing probation (if applicable);
- A fine of up to $1,000; and
- A maximum of one year in jail.
To be clear, these first-degree misdemeanor penalties in Florida are for the violation of the restraining order itself. That is a stand-alone criminal offense. A person who violates a restraining order could also face additional penalties for any related criminal violations, such as stalking, harassment, domestic battery, or another type of offense.
There May Also Be Adverse Family Law Consequences for Restraining Order Violations
The violation of a protective order could also have adverse consequences that go beyond any direct criminal penalties. Indeed, there can be negative ramifications for family law rights. It is potentially a very big deal, especially for parents of young children/teenagers and for people who are currently locked in an ongoing divorce case. Our Stuart, FL, family law attorney can help you navigate a case involving allegations of the violation of a protective order.
Contact Our Stuart, FL Criminal Defense Attorney for a Confidential Case Review
At The Law Office of Denise Miller, PA, our Stuart restraining order violation defense lawyer is committed to providing solutions-focused legal advocacy. If you have any questions or concerns about the penalties for a restraining order violation, we are here to help. Reach out to us by phone or contact us online to arrange your fully confidential initial appointment. With an office in Stuart, we defend restraining order violation allegations in Martin County and across South Florida.
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