Rules, Impact and Consequences of Restraining Orders

Posted on July 15, 2013 in: Criminal Defense

Restraining orders in Florida can be issued under a number of circumstances, including following violent actions. Victims of crimes or those who feel threatened may obtain one. The presence of a current or previous restraining order may even appear on your criminal history, and violation of the order can result in criminal charges.

Who can obtain restraining orders in Florida?

Individuals who fear for their safety can get a restraining order. Most of the time, an order is obtained by a household or family member who feels threatened or has been the victim of a violent act.

One of the more common scenarios is a restraining order related to domestic violence or abuse. Florida Statute ยง741.30 addresses domestic violence. Victims are defined as those who have already been victimized through abuse or violence or have reasonable cause to believe they are in danger of becoming a victim.

Acts that may warrant filing a restraining order may include emotional abuse, harassment, stalking, threatening, and, of course, physical or sexual abuse. An adult victim may acquire the order, or an adult may act on behalf of a minor child.

A temporary order may be issued right away and is intended to provide protection until a hearing may be scheduled to obtain a more permanent order. You can file a petition to obtain the injunction by visiting the court.

Consequences of Restraining Orders

In Florida, the domestic violence statute addresses some of the consequences of a restraining order, such as being excluded from living in the home of the person who filed and having no contact with that person. However, it also can impact custody and contact with children.

No contact often means not being allowed to come within a certain number of feet of the person who filed the complaint. Communication of any sort often is banned, too. Examples include telephone calls, text messages, email, postal mail and online chats.

Restraining orders in Florida sometimes have specific terms attached to them. The person named in the order may not be allowed to possess or purchase a firearm. If there are children involved, they may need to be moved.

These orders generally expire after 15 days. However in some cases, they can be enforced for a maximum time period of one year. After this, the person would need to reapply. The duration of the order will continue to be just one year each time an application is made.

Penalties for Violating the Order

Those who have a restraining order against them can face a variety of difficulties related to their work and personal life. For instance, it can show up on a criminal record. But the problems can escalate if the order is violated.

Victims may call 911 if an order has been violated. Violation of the order could result in a first-degree misdemeanor charge. Penalties may include spending up to a year in jail and paying up to $1,000 in fines.

Whether you have violated an order or one has been issued against you, defense attorneys at Falk & Ross in Miami offer consultation to discuss criminal issues. We understand the serious and life-altering consequences that restraining orders in Florida can have on a person. Call us: (305) 741-6997.

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