The basics of a protective order are relatively simple: do not be around a certain person, in a certain place, or do certain things to harass said person. However, some people are unaware of the various types of protective orders that exist in the state of Florida. It is critical for people to understand the laws associated with the various types of protective orders in Florida so that they do not become in violation of a court’s ruling in such situations. Violations of any protective order can lead to serious legal ramifications.
The domestic restraining order is designed to protect individuals who are party to an abusive relationship that falls under the family and/or household member category. Behavior that warrants a domestic restraining order includes:
- False imprisonment; and
- Any action that results in injury or death.
While domestic protective orders are the most commonly known type, there are other instances in which a person can file a restraining order against someone else.
Protective orders that focus on repeat offenses are fixated on the timeline between alleged assaults. If a restraining order has been filed against the same person within six months then this is considered a repeat violence status. While domestic violence restraining orders focus on the relationship between the two parties, repeat violence protective orders do not. This can exist between any two people regardless of how they know each other.
Sexual violence protective orders can be put into place even if charges have not been filed or if charges were reduced or completely dismissed. If the alleged abuser is said to have committed any type of sexual violence toward a victim, there are grounds for the courts to grant a protective order. Again, people need to be aware that there does not need to be a conviction for this type of protective order to be put in place.
Protective orders can also exist between people who have had a romantic relationship, but perhaps do not fall under the domestic relationship umbrella. Dating protective orders can be relevant in relationships that existed in the past 6 months, were romantic in nature, or were continuous over a period of time.
What Happens If you are Found in Violation?
Violating a protection order is serious business. Even if you claim to have not known about it or were unclear about the terms, you can still get into trouble. For the first offense, it is considered a misdemeanor in the state of Florida. This could be punishable up to one year in county jail, up to $1,000 in fines, or one year of probation.
Protective orders can be complex and violations may happen for several reasons. If you or someone you know needs more information about protective orders or violations, please contact the Skier Law Firm. Our West Palm Beach law firm has extensive experience with handling misdemeanor cases and can answer your questions today.