Penalties For Not Abiding By Your Restraining Order/Stalking

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).

Author: Amir Ladan
A former assistant state attorney for Orange/Osceola Counties, Amir has handled thousands of cases and dozens of trials, ranging from DUI and traffic offenses to murder, in both adult and juvenile court.

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