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Violation of a Protective Order

Regardless of how a person feels about the requirements established in an injunction for protection (commonly referred to as a restraining order or protective order), the injunction is still a legal court order. As a result, any alleged violation of the injunction is taken very seriously and can potentially carry very steep penalties.

Alleged offenders (referred to in injunctions as respondents) in these cases often commit alleged violations on accident or without any criminal intent, such as incidental contact with alleged victims (referred to injunctions as petitioners). Many respondents in these cases are confused about what their rights are and have multiple concerns about how injunctions can affect custody of their children.

Attorney for Violation of a Protective Order Arrests in Miami-Dade County, FL

Were you arrested in South Florida for alleged violating the terms of an injunction for protection? You should not say anything to authorities without legal counsel. Contact The Hoffman Firm as soon as possible.

Miami criminal defense lawyer Evan A. Hoffman represents clients facing domestic violence charges in communities all over the greater Miami-Dade County area, including South Miami, Homestead, Miami, Coral Gables, Aventura, and many others. Call (305) 249-0090 to have our attorney provide a complete evaluation of your case during a free initial consultation.


Overview of Protective Order Violations in North Miami


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Types of Violations of Protective Orders in Florida

Every case is different, and what constitutes an alleged violation of an injunction for protection depends on what restrictions were established in the injunctions. Any of the following actions constitute a person willfully violating an injunction for protection against domestic violence under Florida Statute § 741.31(4)(a) or an injunction for protection against repeat violence, sexual violence, or dating violence under Florida Statute § 784.047(1):

  • Refusing to vacate the dwelling that the parties share;
  • Going to, or being within 500 feet of, the petitioner’s residence, school, place of employment, or a specified place frequented regularly by the petitioner and any named family or household member;
  • Committing an act of domestic violence against the petitioner;
  • Committing any other violation of the injunction through an intentional unlawful threat, word, or act to do violence to the petitioner;
  • Telephoning, contacting, or otherwise communicating with the petitioner directly or indirectly, unless the injunction specifically allows indirect contact through a third party;
  • Knowingly and intentionally coming within 100 feet of the petitioner’s motor vehicle, whether or not that vehicle is occupied;
  • Defacing or destroying the petitioner’s personal property, including the petitioner’s motor vehicle; or
  • Refusing to surrender firearms or ammunition if ordered to do so by the court.

A person can also willfully violate an injunction for protection against stalking or cyberstalking under Florida Statute § 784.0487(4)(a) by doing any of the following:

  • Going to, or being within 500 feet of, the petitioner’s residence, school, place of employment, or a specified place frequented regularly by the petitioner and any named family members or individuals closely associated with the petitioner;
  • Committing an act of stalking against the petitioner;
  • Committing any other violation of the injunction through an intentional unlawful threat, word, or act to do violence to the petitioner;
  • Telephoning, contacting, or otherwise communicating with the petitioner, directly or indirectly, unless the injunction specifically allows indirect contact through a third party;
  • Knowingly and intentionally coming within 100 feet of the petitioner’s motor vehicle, whether or not that vehicle is occupied;
  • Defacing or destroying the petitioner’s personal property, including the petitioner’s motor vehicle; or
  • Refusing to surrender firearms or ammunition if ordered to do so by the court.

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Protective Order Violation Penalties in Miami

In most cases, an alleged violation of an injunctions for protection is a first-degree misdemeanor punishable by up to one year in jail and/or a fine of up to $1,000. If an alleged offender has been previous convicted of violating an injunction or foreign protection order two or more times, a subsequent violation is a third-degree felony punishable by up to five years in prison and/or a fine of up to $5,000.

Florida Statute § 741.31(5) also establishes that a court can order a respondent to attend a batterers’ intervention program if it finds a willful violation of a domestic violence injunction. Under Florida Statute § 741.31(6), any person who suffers an injury and/or loss as a result of a violation of an injunction for protection against domestic violence can be awarded economic damages for that injury and/or loss by the court issuing the injunction, including costs and attorneys’ fees for enforcement of the injunction.


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Florida Violation of a Protective Order Resources

Victim Response, Inc. (VRI) | The Lodge — VRI is a private 501(c)(3) nonprofit corporation with the primary purpose being “the provision of services both direct and indirect to victims of domestic violence, rape and sexual assault, and other victims of crime.” On this website, you can find information about VRI’s children’s program, outreach program, and emergency shelter. You can also review answers to frequently asked questions.

Safespace Foundation Inc. — The Safespace Foundation is a 501(c)(3) nonprofit organization “committed to the advocacy and empowerment of domestic violence victims, their children and survivors of domestic violence through our collaboration and support of the Miami-Dade County Advocates for Victims Program (AVP), and other entities that provide emergency shelter, transitional housing and financial assistance to these individuals.” Visit this website to learn more about services and programs Safespace Foundation provides. You can also find links to related organizations in Florida.


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The Hoffman Firm | Miami Protective Order Violation Defense Lawyer

If you were arrested for allegedly violating a restraining order in South Florida, it is in your best interest to immediately seek legal representation. The Hoffman Firm aggressively defends individuals in Opa-locka, North Miami, Doral, Miami Beach, Key Biscayne, Hialeah, and many surrounding areas of Miami-Dade County.

Evan A. Hoffman is an experienced criminal defense attorney in Miami who can fight to possibly get your criminal charges reduced or dismissed. Our lawyer can review your case and discuss your legal options as soon as you call (305) 249-0090 or submit an online contact form to schedule a free, confidential consultation.


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Free Consultation

All fields are required. The use of this form for communication with our personnel does not establish an attorney-client relationship.

Evan A. Hoffman

Evan A. Hoffman

Mr. Hoffman’s philosophy is "our knowledge and experience is your best defense." He has been a featured author on criminal law issues such as driving under the influence, domestic violence and illegal searches.

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