Penalties For Not Abiding By Your Restraining Order/Stalking
- July 22, 2016
- Posted by: Amir Ladan
- Category: Criminal Law Blog
Consider The Following
It is indeed a serious offense to violate a restraining order or injunction. In doing so, the assailant could face criminal charges. For the most part, violating a restraining order is classified as a first degree misdemeanor. However, the felony crime of aggravated stalking might be considered for multiple violations.
An injunction or restraining order is a court mandated order that limits the amount of contact an individual can have with another. In the State of Florida, there are four types of injunctions and they are:
• Dating violence injunction: The dating relationship must have been active within the last 6 months. Also, there has to be continued or expected affection and/or a sexual relationship.
• Domestic violence injunction: A domestic relationship is defined as one wherein the assailant and the victim have lived together, are living together, are related by blood or marriage, are in or was in a dating relationship, or have a child together.
• Sexual violence injunction: Sexual violence has many facets to it. It involves any attempted or actual forcible felony sexual act. It also includes a single incident of sexual battery.
• Repeat violence injunction: Repeat violence involves at least two incidents of stalking or violence. One of the incidents would have had to occur within 6 months of the injunction being filed. Another consideration for Repeat Violence Injunction violation is stalking or violence against an immediate family member of the person who filed the injunction (petitioner).