There are countless reasons for someone to have a restraining order in place, whether it be in civil or criminal court. In Florida, a restraining order violation is a serious offense for the defendant. A violation of the court order will create consequences for both parties, so it’s essential to understand each before it’s too late.
A restraining order is a court order issued to restrict an individual’s ability to communicate with or physically be in the other party’s presence. These restrictions are put in place when an individual commits acts of violence and harassment. The order can also be known as an “injunction of protection,” and in Florida, there are five different types:
An individual can have several offenses placed on them all at once.
If a victim fears for their safety, the Florida law allows them to file for a petition of protection under domestic violence. In Florida, the two types of injunctions that the petitioner can be subject to are called temporary injunctions and final injunctions for protection. Here’s what you need to know about each.
Temporary injunctions—sometimes referred to as ex parte injunctions—are court orders that grant immediate protection to the petitioner and their family. If a judge decides that there is a present danger for the petitioner and that the court should provide protection immediately, a temporary injunction is granted.
These injunctions last no longer than 15 consecutive days and will take effect as soon as you collect a copy of the court order. Before the order expires, a court hearing will decide if the petitioner should receive a final injunction.
This court order prohibits the defendant from the same actions as the temporary injunction, but the final injunction is more formalized. Conditions are added or erased, depending on the outcome of your hearing, and expiration dates are not required. While judges add expiration dates to final injunctions most of the time, it’s important to note that there are situations in which they don’t. If you’re facing a case in which there is no expiration date to modify or dissolve the injunction, you’ll need to do so formally in court.
While violating your order won’t cause your arrest or charge you with contempt, it’s still unwise to infringe any part of your restraining order, even if there are circumstances that you think might justify the action. Instead, discuss with your attorney about contacting the other individual.
The main problem with disobeying a protective order as a person who sought out protection is that a defendant could use that as justification for the dismissal or modification of the order, which could potentially put you at risk for more contact with the defendant. Below is a list of peaceful contact places that a defendant could interact with you if your court order is modified:
Experts highly recommend that you don’t violate your protection order, but if you or a loved one end up in a similar situation, contacting an attorney can help ensure you have proper representation.
At Fighter Law, our experienced and knowledgeable team of injunction lawyers can provide help with you or your loved one’s legal protection. We’re passionate about giving you the best possible results for your case. For more information about injunctions and to schedule an appointment for a free consultation with an experienced injunctions attorney, complete our online contact form or call us at (407) 344-4837 today.
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