Protective orders, also called injunctions for protection, are legally binding court orders in Florida. They are meant to protect someone from violence, threats or harassment.
These orders must be taken seriously. If someone breaks the terms, severe legal consequences can follow. Below are some key points to consider.
Types of protective orders in Florida
Florida courts can issue different types of protective orders, depending on the relationship and nature of the threat:
-
Domestic Violence Injunction: For cases involving family members or people living together.
-
Dating violence injunction: For individuals in a current or recent romantic relationship.
-
Repeat violence injunction: For situations involving two or more incidents of violence between unrelated individuals.
-
Sexual violence injunction: For victims of specific sexual offenses, whether or not charges were filed.
-
Stalking injunction: For people experiencing ongoing harassment or unwanted contact.
Each type can include rules like no contact, staying a set distance away or moving out of a shared home.
Are protective orders legally binding?
A protective order is issued by a judge and must be followed. Once served with the order, the respondent is legally required to follow every term. Violating it can lead to criminal charges, even if no violence occurs.
Breaking any part of the order is a crime. Even a text message or accidental contact at a store may be seen as a breach. Penalties may include arrest, fines, jail time or additional charges. A first offense is usually a first-degree misdemeanor, which can carry up to one year in jail. Repeated violations can result in felony charges.
Accidental breaches are still taken very seriously. Courts will consider the details, but ignorance of the order’s terms is not usually a valid defense. If you have been charged with a breach, it’s essential to seek some legal guidance.