In Florida and Fort Lauderdale, if an individual is alleged to have violated the terms and conditions of the restraining order, they can face arrest and at minimum, face prosecution for a first-degree misdemeanor. A person should understand and abide by the conditions outlined in a restraining order because they could be subject to arrest and criminal prosecution.
For the violation of the order per statute, a person can be charged with a first-degree misdemeanor punishable by up to 364 days in the county jail, for violating a Ft. Lauderdale protective order. Because law enforcement can make an arrest for probable cause that there is a violation of the restraining order, the first thing an individual should do if they have violated a protective order is get in touch with a skilled protective order lawyer.
Origins of the Protective Order
The legislature created the opportunity for an individual to file an injunction or a petition for an injunction for domestic violence. The individual filing for the injunction must be the alleged victim of domestic violence or in imminent danger of becoming a victim of domestic violence according to Florida Statute 741.30.
When someone is charged with domestic violence, they are exposed to criminal penalties and sanctions of the domestic violence statutes. When somebody is charged with a criminal offense; that affects their liberty and their personal and criminal record. Domestic violence cases are singled out by a specialized division within the State Attorney’s Office and the prosecutor’s office. The courts also have a special division dealing solely with those cases.
What are the Penalties for the Violation of a Protective Order in Fort Lauderdale?
Violating a Ft. Lauderdale protective order, may result in the arrest and charge of a first-degree misdemeanor for each violation with the maximum sentence of up to one year in the county jail. If the respondent stalks the petitioner who has an injunction against them, the respondent may be charged with aggravated stalking which is a second-degree felony punishable by up to 15 years in Florida state prison.
If somebody works in law enforcement, that is an issue. Some employers take exception to an individual with this type of order entered against them and may consider this as a disqualification to employment. It could affect an individual’s employment status or their ability to obtain employment.
If somebody applies for a position, these types of orders are public record and could affect an individual’s ability to obtain employment. Professional licenses, entry into the military, and admission into colleges and universities can be affected. A violation of a final injunction may affect a resident alien’s application for citizenship and may result in deportation if the respondent is not a citizen.
Committing a Crime While Violating an Order
When a judge learns that a person committed a crime while violating a Ft. Lauderdale protective order, the consequences depend on the crime alleged. The person faces prosecution for the violation of the protective order and they face prosecution for that offense.
The violation of the protective order is a first-degree misdemeanor. When there is some other crime in addition to the violation and it is more serious than a first-degree misdemeanor, the penalties are more severe for the commission if the crime. It is not good to have either or both at the same time.
When there was an act of domestic violence, an attorney can argue that there is a lack of evidence brought before the court. The attorney can question whether the act took place. Self-defense is a common issue and defense. Challenging allegations presented by the petitioner – arguing that a reasonable person under those same facts and circumstances would not be in fear of future violence occurring in the future.
Importance of Contacting a Lawyer
Violating a Ft. Lauderdale protective order can result in numerous and complex legal issues for an individual. When the injunction is granted, it requires no contact with the petitioner. When children are involved, it limits custody or time sharing with the children. Some visitation might be supervised. The respondent may be ordered to vacate or leave the residence or home. issues of child support might be addressed when an order is entered. It is crucial for an individual facing these allegations to seek the advice and counsel of an experienced attorney knowledgeable of the law in defending individuals facing this type of accusation.