In Florida, if your family or household member believes you committed an act of violence against them or pose a risk of engaging in such conduct, they may petition the court for a protection order. Also known as a domestic violence injunction, the order places specific conditions on you that you’re legally required to follow. If you violate the terms, you could be charged with a misdemeanor.
The conditions the court deems necessary as part of the injunction can include, but are not limited to:
- Ordering the respondent not to commit acts of domestic violence
- Making the respondent leave the home they share with the petitioner
- Requiring the respondent to stay away from the petitioner
- Awarding the petitioner a 100% time-sharing in a temporary parenting plan
- Ordering the respondent to participate in a treatment program
- Requiring the respondent to surrender their firearms
How Does Florida Define Domestic Violence?
Domestic violence is a criminal offense committed against a person’s family or household member.
Under Florida Statute § 741.28, crimes that could be considered domestic violence include:
- Aggravated assault,
- Aggravated battery,
- Sexual assault,
- Sexual battery,
- Aggravated stalking,
- False imprisonment, or
- Any other offense that could result in physical injury or death of a family or household member
If someone visits your house and you intentionally hit them, you could be charged with battery.
However, the offense becomes domestic violence if the person you struck was a:
- Former spouse
- Relative through blood or marriage
- Person you currently or formerly lived with as a family
- Person with whom you have a child
- Person you live with now or in the past in the same home
After the alleged act, any of the people listed above could petition the court for a domestic violence injunction against you. They could also do so if they fear you could carry out a physical injury-causing offense on them. If the court approves the protection order, you would be required to follow the conditions of it until it is modified or dissolved.
Penalties for Violating a Domestic Violence Protection Order
If your family or household member believes you violated the domestic violence injunction, and you have not been arrested for an alleged offense, they may notify the court in the county in which the alleged violation occurred. If a crime has been committed, a notification must be sent to the local law enforcement agency to investigate.
If the court finds that you willfully violated the order of protection, you could be charged with a first-degree misdemeanor. The potential conviction penalties include a jail term of up to 1 year and a fine of up to $1,000.
Schedule a Free Consultation with The Wiseman Law Firm
If you’ve been notified that a protection order has been sought against you, or if you were accused of violating the terms of an injunction in Orlando, speak with our skilled attorney today. We understand the seriousness of these matters and the limitations such actions could place upon your life. Our lawyer has over 15 years of experience and will fight to protect your rights.
We’re ready to listen to your side of the story. Call us at (407) 708-9127 or contact us online today!