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A protective order (which is often referred to as a “restraining order”) is a document issued by the civil court intended to protect someone from future violence. Usually, protective orders are issued in domestic violence, sexual assault, or stalking cases to prevent the accused party from contacting the person who requested the order.
If you are facing a protective order, do not wait to take legal action. While protective orders are civil matters, they still work in conjunction with criminal cases. Rossen Law Firm, we use that to our advantage. We can take the petitioner’s deposition and conduct full civil discovery, giving us much more latitude than a typical criminal case. Speak with a Boca Raton protective orders lawyer at our award-winning firm today.
When someone wants a restraining order in Boca Raton, they can go to the courthouse and file a petition for injunctive relief. A judge will review the petition and rapidly assess whether it is necessary to grant a temporary protective order. When there is insufficient evidence, the judge usually sets a hearing without granting the temporary restraining order. Sufficient evidence to grant a restraining order includes proof of substantial emotional distress and evidence that the person is in danger.
Protective orders can last anywhere from 30 days to a lifetime. These injunctions can be reversed when circumstances change, but permanent injunctions are difficult to change or reverse. An adult can also file for a protective order on behalf of a minor child.
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The main requirement of a protective order is to refrain from contacting the complainant. Many people are unaware that sending messages through third parties, such as friends and family, is also not allowed. A protective order generally requires you to be within a certain distance from the other person’s house, their place of employment, and any other place they might routinely frequent. Depending on the circumstances of a case, you might be required to take anger management or parenting classes.
You cannot possess firearms when there is a protective order against you. If you own any guns, you must surrender them to a police agency. Failing to surrender your firearms is a crime, so working with a Boca Raton protective orders attorney is crucial if you are in this situation.
Although protective orders are a civil matter, working with a defense attorney in many cases is still beneficial. Often, we can use a civil restraining order process to give us an advantage in your criminal case. The more times that we are allowed to question somebody, the stronger our case will get. It is not uncommon to catch a complainant in lies, misstatements, mistruths, and misunderstandings during the protective orders process. Sometimes, we can even use resolving or agreeing to a restraining order as leverage to get a criminal case dismissed.
Because protective orders are not a criminal matter, the prosecutor is allowed to take depositions. You have the right to remain silent when you are a criminal defendant. This does not apply to a civil deposition, so it is crucial to be prepared. We can help our Boca Raton clients prepare for a protective order deposition.
There are a number of ways in which someone might violate a protective order. Being aware of potential violations can help you avoid aggravating your charges.
The most common protective order violation in Boca Raton is initiating contact with the accuser. Some examples of violating a protective order include the following:
It is possible for a person to violate these orders without intending to commit a crime. Often, this contact is made without malintent, but it is still illegal.
When a protective order is violated, the accuser is required to either call the police, go to the prosecutor’s office, or report it to the judge and have a hearing on a contempt motion. From here, the prosecution will work to prove the violation.
The severity of violating a protective order depends on the nature of the underlying crime. These penalties are outlined at Florida Statute § 784.047. First- and second-time offenders are charged with a misdemeanor; penalties for a conviction are a maximum of one year in jail and a fine not to exceed $1,500. A third conviction for violating a protective order—and any convictions thereafter, are treated as third-degree felonies; they carry with them sentences of up to five years in prison and a maximum fine of $5,000.
A defendant might also face probation fines, fees, further no-contact orders, and other criminal sanctions. A Boca Raton protective order violation attorney can fight back against the criminal sanctions that come with a protective order violation and pursue a reduced sentence or even a dropped charge.
Restraining orders are serious, even though they are not criminal. They can have severe, long-lasting effects on your right to bear arms, your relationships, your living situation, and more. We are here to help.
At Rossen Law Firm, our expert Boca Raton protective orders lawyers can walk you through every step of the process. We can work to get your restraining order dismissed and leverage the protective order in your criminal case. Contact us today to get started.
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