Notice: While courts and businesses are closing due to COVID-19, we are still accessible to answer your legal questions. We can still handle most legal issues and communications with clients by phone, email and text.
Violation of a Protective Order Put a Skilled and Trial-Proven Attorney in Your Corner

Violation of a Protective Order in Miami

Also Serving Fort Lauderdale

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.

Schedule a free consultation with the Miami violation of a protective order lawyer at The Hoffman Firm. Call (305) 928-1669 now or contact us online. Call 954-737-3004 if you are in Broward County.

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. There are actions which 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).

These include:

  • 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
  • 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
  • Refusing to surrender firearms or ammunition if ordered to do so by the court

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 1 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 5 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.

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.

If you are in Miami call (305) 928-1669 to get started on your case. If you are in Broward County call 954-737-3004.

Why Should You Choose The Hoffman Firm?

Here Are Six Reasons
  • Client-Focused Representation

    Our Firm is dedicated to client satisfaction. We are available 24/7 to help those in need.

  • Decades of Experience

    Attorney Evan Hoffman has over two decades of experience fighting for the accused.

  • Premier Criminal Defense Firm

    Experienced Attorney Evan Hoffman has handled some of the most high profile and complex cases.

  • Proven Track Record

    Client satisfaction is our top priority. At The Hoffman Firm we take great pride in our success and case victories.

  • Florida Former State Prosecutor

    Attorney Evan Hoffman has extensive knowledge of the strategies used by prosecutors throughout Florida.

  • Free Initial Consultation

    We offer free initial consultations to ensure that we have your best interests in mind.

Hear it From Our Clients

Read What Past Clients Had to Say
  • “As busy as he is, I was always able to get a hold of him. He provided me his personal cell phone and I was always able to text him if I had any questions.”

    - John
  • “Evan was able to get all my charges dismissed and now 6 months after the worst mistake of my life (getting arrested), Evan was able to give me my life back.”

    - Stacy
  • “I cannot say enough great things about Evan and his staff. He helped me and he will help you too. Call Evan if you are ever in legal trouble.”

    - Armando
  • “I know that I am grateful for all of Evan's hard work and can without a doubt recommend him to my friends, family and all of those out there on the world wide web.”

    - Joshua
  • “If anyone is ever arrested or even under investigation, I can assure you the only person you need to call is EVAN!”

    - John
/

Start Your Defense

Schedule Your Free Consultation
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.

Record Of Success

Aggressive Traffic Ticket Defense
  • Charges Dismissed Domestic Violence - Battery

    Mr. Hoffman was able to get all the charges dismissed before the case even went to arraignment.

  • Charges Dismissed Domestic Violence - Battery

    Mr. Hoffman was able to convince the State Attorney’s Office to drop all charges.

  • Case Dismissed Possession of Marijuana

    We filed a motion to suppress the stop based upon an illegal search and seizure. The Judge ruled that the officer did not have probable cause to stop the client.

/