Understanding Restraining Orders in Domestic Violence Cases

A Florida court may issue a restraining order when they have reason to believe the safety of an individual is at risk. Florida Statute Section 741.30 provides legal protection against domestic violence in the form of a restraining order (technically known as an injunction). 

If the person accused of domestic violence violates the restraining order, there can be severe legal consequences. 

What Are the Parameters of a Restraining Order?

If an alleged victim of domestic violence requests it, an order of protection can be granted even if a crime hasn’t yet been charged. Depending on the circumstances, restraining orders prohibit the offending person from performing some acts and insist they perform others. 

Continuing to pay child support or making payments on a co-owned home are examples of acts a person may be ordered to perform. Acts that are prohibited can include:

• Contacting the victim or their family members in any way (in person, by text, etc.)
• Contacting shared children at their school or visiting them without supervision
• Keeping firearms (firearms and ammunition must be surrendered to the police)
• Using drugs or alcohol (drug testing may be court-ordered)
• Any other acts considered necessary to protect a victim of domestic violence

Restraining orders are adapted to meet each victim’s needs, and exactly what the order contains is up to a judge. 

What Happens When a Restraining Order Is Violated? 

The punishment for ignoring an injunction can be severe. In most cases, especially for first offenses, a violation results in a misdemeanor charge or a contempt of court charge. 

If the defendant is a repeat offender or the violations were serious, the individual may be charged with a first-degree misdemeanor, sentenced to up to one year in jail, and charged a fine of up to $1,000. 

Help With Accusations of Domestic Violence

If you or someone you know has been accused of domestic violence, we can help. Contact Shrader, Mendez & O’Connell at 813-360-1529 to learn about your legal rights.