What is a Restraining Order? The threat of violence does not stop even after a person has been charged or arrested for domestic violence. In order to prevent victims from facing further threats and harassment, the state can enforce legal measures for protection. An example of this is a restraining order. A restraining order, sometimes…
Domestic Violence Law
In the state of Florida, domestic violence is defined as the assault, battery, kidnapping, stalking, false imprisonment, or any criminal offense resulting to death or physical injury committed by a family or household member against another. The household or family member refers to people related by marriage or by blood, current or former spouses or co-habitants, and people who have a child in common.
Under the Florida Domestic Violence Law, in order to be considered domestic violence cases, the parties must have resided together in a single dwelling unit at some point, except for those people with children in common.
What are the Protections Provided by Restraining Orders in Florida Domestic Violence Law?
A restraining order is a court-mandated directive that seeks to protect victims of domestic violence from future acts of violence from their abusers. Once an injunction for a protective order or a restraining order has been approved by the court, individuals charged with domestic violence are:
- Prohibited from contacting the petitioner using all forms of direct or indirect communication.
- Barred from returning to the scene of the offense,
- Strapped with a GPS monitoring device should the need for it arise,
- Not allowed to possess or purchase firearms of any kind,
- Required to surrender the temporary possession of shared properties to the petitioner,
- Mandated to continue paying joint loans and provide temporary support to minor children and the petitioner until the injunction has expired,
- Ordered to participate in counseling services,
- Required to provide other forms of relief for the petitioner that the court deems necessary.
What are the Penalties for Injunction Violations in Domestic Violence Cases?
If a person accused of domestic violence has violated the injunction ordered by the court, it is automatically considered as a first-degree misdemeanor punishable by up to a year in prison.
If you knowingly and repeatedly violate the injunction mandated by the court, you can be charged of aggravated stalking – a third-degree felony punishable by up to $5000 and 5 years in prison.
Any domestic violence defense attorney would agree that in order to prevent these charges, regardless of your guilt in the domestic violence case, it would be wise for you to just follow the terms of the injunction.
Have You Been Accused of Domestic Violence? Contact a Reputable Domestic Violence Law Firm as soon as possible.
It does not matter if you’re guilty of domestic violence or not. As long as you have been accused of such a crime, it would definitely negatively affect your reputation and your relationship with other people.
In order to ensure that you get the best possible outcome or verdict, get help from a trusted domestic violence defense attorney.
Piotrowski Law is a domestic violence law firm in Miami with years of experience in the field of domestic violence cases. It is headed by Chad Piotrowski, a veteran domestic violence defense attorney with experience as a state prosecutor in the state of Florida. Schedule a free confidential consultation today. Call 305-204-5000 or send an email to Chad@CPlaw-Miami.com.