What Are the Consequences For Violating A Florida Restraining Order?

A restraining order, also known as an injunction, is a serious legal measure used to protect individuals from harassment, violence, or threats.

In Florida, violating a restraining order can lead to severe consequences, ranging from immediate criminal penalties to long-term effects on your personal and professional life.

Finding the right defense attorney could be the difference between legal consequences and breathing easier again.

What is a Violation of a Restraining Order in Florida?

Florida law defines several types of protective orders, including those for domestic violence, stalking, and repeat violence.

A violation occurs when the respondent (the individual the order is issued against) does not follow the terms set by the court.

These terms often include restrictions on contacting the petitioner (the person who requested the order) through any means—whether in person, by phone, or through electronic communication.

Also, the respondent may be prohibited from visiting certain locations, like the petitioner’s home or workplace, and may have to surrender firearms.

Are All Violations Intentional?

Many people violate restraining orders by accident simply because they do not fully understand the strict limitations imposed.

Even seemingly innocent actions, like replying to a text message, can be considered a violation. In some cases, violations arise from false accusations or misunderstandings.

However, the legal system takes any breach of these orders seriously, regardless of intent.

Immediate Criminal Penalties for Violating a Restraining Order

The immediate legal consequences of violating a restraining order in Florida are severe. According to Florida law, a first violation of a restraining order is classified as a first-degree misdemeanor.

This charge is punishable by:

• Up to one year in jail
• Fines of up to $1,000

Repeatedly Violating Restraining Orders Can Mean Increased Penalties

If the respondent violates the order multiple times, the penalties escalate. A third or subsequent violation may be considered a third-degree felony, which can result in:

• Up to five years in prison
• Fines of up to $5,000

In addition to these penalties, you may be arrested on the spot if law enforcement officers determine that a violation has occurred.

The criminal charges brought against you can be overwhelming, and the penalties can be life-altering.

Are There Long-Term Consequences of a Restraining Order Violation?

Beyond the immediate legal consequences, violating a restraining order can have long-lasting effects on your personal and professional life. Some of these collateral consequences include:

• Employment Issues: A criminal record for violating a restraining order can make it difficult to find or keep a job, especially in industries that require background checks.
• Housing Difficulties: A conviction may impact your ability to secure housing, as many landlords perform background checks and may deny leases to individuals with criminal records.
• Loss of Gun Rights: Many restraining orders include provisions that require you to surrender your firearms. Violating a restraining order could permanently strip you of your right to own or possess firearms.
• Custody or Visitation Restrictions: If you have children, a violation of a restraining order could lead to restrictions on your child custody or visitation rights. Courts often view violations as a sign of instability or danger, which could affect your parental rights.

These long-term consequences demonstrate how important it is to take any accusation of a restraining order violation seriously.

FAQs About Violating a Florida Restraining Order

1. What should I do if I’m accused of violating a restraining order?

If you are accused of violating a restraining order, the best course of action is to contact a defense attorney immediately. An attorney can help you understand your options and develop a defense strategy.

2. How can I defend myself if I believe I didn’t violate the order?

There are several defenses that may apply to your case, such as insufficient evidence, lack of intent, or mistaken identity. Your lawyer can review the details of your case to determine the best defense approach.

3. What happens if the restraining order was based on False Accusations?

In the criminal case for violating the injunction, the allegations from the underlying restraining order will not be considered.      Even if the restraining order was obtained through false accusations, you can and will be prosecuted if you violate the terms of that restraining order.

4. What if I didn’t know there was a restraining order against me?

In Florida, you must be served with notice of a restraining order before it is enforceable. However, misunderstandings or delays in receiving this notice can happen. The prosecutor must prove that you were served with the injunction. Inform your attorney immediately if you believe that you were not served with the injunction.

5. Can a restraining order affect my ability to visit my children?

An injunction can limit your visitation or custody rights, especially if the petitioner is concerned about domestic violence. A defense attorney can help protect your right to go visit your children and help modify the protective order.

6. Can a restraining order violation affect my future legal cases?

Yes, a violation of a restraining order can be used as evidence against you in future legal cases, especially those involving family law matters like divorce or child custody. Courts may view a violation as evidence of instability or disregard for the law.

How Mitkevicius Law Can Help Fight Your Violation Charges

Facing accusations of violating a Florida restraining order can be overwhelming, but you do not have to face them alone.

Attorney Josef Mitkevicius and the team at Mitkevicius Law, PLLC, have years of experience handling complex injunction cases and can provide the legal representation you need.

• Defending You in Court
• Negotiating with the Other Party
• Modifying or Terminating a Restraining Order

Why You Need a Skilled Florida Defense Lawyer

Violating a restraining order in Florida is not a matter to take lightly. The penalties are severe, and the long-term consequences can significantly affect your future.

By working with an experienced defense lawyer like Josef Mitkevicius, you can fight back against the charges and protect your rights. A defense lawyer will not only represent you in court but also help you understand the legal process and build a strong case on your behalf.

Mitkevicius Law, PLLC, is committed to defending individuals accused of violating restraining orders in Pensacola and throughout Florida. With over a decade of legal experience, Attorney Mitkevicius understands the complexities of these cases and will work to achieve the best possible outcome for you.

Contact Mitkevicius Law, PLLC, for a Free Consultation

If you or a loved one is facing charges for violating a Florida restraining order, contact Mitkevicius Law, PLLC, today. Attorney Josef Mitkevicius offers free consultations and can help you develop a defense strategy to avoid harsh penalties and protect your rights. Call 850-361-2142 or complete the online form to schedule your consultation.

By working with an experienced attorney, you can fight back against the charges and move forward with confidence.