Restraining Orders Impact The Whole Family. Here, we will take a look at what consequences you might face if you're found guilty of violating a restraining order in Florida—and review your legal rights and options in the face of an accusation. What is a civil harassment restraining order? STRATEGICALLY AGGRESSIVE. Going to, or being within 500 feet of, the petitioner's residence, school, place of employment, or a specified place frequented regularly by the petitioner and any named family or household member; 3. However, in some situations, a person can be charged with the felony offense of "Aggravated Stalking" if their case involves multiple violations of their injunction in an attempt to harass or threaten the other party. Doing so can still, however, have significant repercussions for their case. Understanding The Restraining Order Process. Can a petitioner violate a restraining order in florida law. Were you arrested for any kind of alleged restraining order violation in South Florida? They will be able to work with you to develop a defense for your case. What does a restraining order do for victims of cyber-stalking? Are restraining orders permanent? If you have a Florida restraining order or an order of protection filed against you, it is important not to violate the order. 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.
Can A Petitioner Violate A Restraining Order In Florida Pdf
Additionally, he or she might need to attend counseling or other treatment ordered by the court. To do so, you will need to complete a petition detailing the harassment you have experienced and why you believe you need protection. Thirteenth Judicial Circuit Hillsborough County: Offers useful information about the court and the legal procedures that you can request. Can a petitioner violate a restraining order in florida for a. If you are found to have violated the restraining order, you may face new charges, including criminal penalties. They can assure your rights are protected and that you are given a fair chance in a court of law, no matter what the details of the case may be.
Can A Petitioner Violate A Restraining Order In Florida Law
Getting the Charge Dismissed – Domestic Violence Intervention Program. If the temporary injunction is granted, then you as the defendant will have your hearing set within a maximum of 15 days. It may bar individuals from possessing firearms or freely traveling around their community.
Can A Petitioner Violate A Restraining Order In Florida For A
If We were to ever need a attorney in Florida again, We would use him as many times as We needed. In Florida, a restraining order violation is a serious offense for the defendant. Overview of Restraining Orders in Florida. This could be: - The violation never actually occurred. If you do not agree with the injunction, your defense lawyer will present evidence, witnesses and other supporting information to present a strong case and fight the restraining order.
Can A Petitioner Violate A Restraining Order In Florida State
Penalties for Restraining Order Violations. Fails to do something that is required by the order. Defacing or destroying the petitioner's personal property, including the petitioner's motor vehicle; or. Allegations of a restraining order violation can ruin your life, putting you at risk of jail time and other penalties. 046, Florida Statutes, also creates a right to pursue an injunction for "sexual violence. " Even if the person that you have the no contact order on tries to contact you, it is a violation of the injunction to have contact with that person. Most of the time, judges do not explain the full scope of the no contact provision to respondents. Call me at 813-221-4303, or use my online form to set up your free introductory appointment. Attorney for Violation of a Protective Order Arrests in Fort Lauderdale, FL. In Florida, the two types of injunctions that the petitioner can be subject to are called temporary injunctions and final injunctions for protection. 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. The attorneys at Stechschulte Nell Law explain the penalties for violating an injunction in Florida. Making the judge aware of the following additional information could prove to be an effective strategy: - The contact that caused the violation of the injunction was merely verbal in nature and did not contain threats of violence. The protective order petition is filed in the county in which the domestic violence was alleged to take place. Even if they are contacted by the victim, or feel as if there should be some 'exception' due to circumstances, there can still be very stiff consequences.
A violation of restraining order or injunction is treated as a serious matter by the Pinellas County court and our local Pinellas County State Attorney's Office.
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