Understanding the Legal Consequences of Domestic Violence Restraining Orders

When Are Domestic Violence Restraining Orders Issued in Florida?

Restraining or protective orders are legal documents a court issued to protect individuals from harm or harassment. They are effective in stopping ongoing or potential threats, including domestic violence, stalking, and other type of abuse. If issued with one, it is crucial to understand how protective orders work and their implications.

A criminal defense lawyer in Lakeland says that restraining orders fall into several categories, with the common ones being the following:

• Domestic violence protective orders: They protect individuals from abuse or harm by a family member or someone with who they have a close relationship.
• Stalking injunctions: The orders prevent stalking behaviors by a perpetrator, such as cyberstalking
• Sexual violence injunctions: A victim of sexual violence can obtain a sexual violence injunction against the offender regardless of the relationship they share.
•  Dating violence protective orders: A victim of domestic violence can obtain this order to protect themselves from violence or stalking by someone they’re dating or have dated before.

Having someone file a domestic violence protective order against you can be scary, mainly because it can keep you from coming into contact with your loved ones, including your children, depending on the case specifics. Nonetheless, ensure you obey the order to avoid legal problems for violating it.

What Happens If a Restraining Order is Issued Against Me?

You may need to consult a skilled Lakeland domestic violence attorney if a restraining order is issued against you to understand its implications. Depending on the case specifics, the order could:

• Restrain you from coming within a given distance of the victim’s home, workplace, or vicinity
• Prohibit you from contacting the victim through phone calls, text messages, online chats, or email
• Require you to stay away from other people related to the victim, such as their children or other household members

Sometimes, a restraining order can have additional terms attached to it. For example, you may not be allowed to possess or purchase a firearm. Your children may also need to be moved away from you. Protective orders generally last 15 days but may be enforced for a maximum of one year, after which the victim needs to reapply.

What Is the Impact of a Restraining Order on My Record

Being issued with a restraining order can have significant legal implications on your criminal record when facing harassment or violence charges. It can also substantially affect your future employment opportunities because the order becomes a matter of public record. Potential employers can access it when conducting a background check on you.

Sadly, a restraining order can appear on your record even if you were never charged with or convicted of a criminal offense. Other consequences of domestic violence restraining orders are:

• Stigmatization: Social stigma and negative perceptions from community members can affect your relationships and community standing.
•  Housing: You may have slim chances at housing opportunities as landlords may consider a restraining order a red flag for potentially violent behavior on the premises.
• Firearm ownership: The court may prohibit you from possessing a firearm if it issues a specific type of restraining order against you.
• Loss of child custody: You could lose custody rights if you’re divorced or separated from your spouse.

With the help of an aggressive domestic violence lawyer in Lakeland, you can defend yourself to avoid being issued with a protective order.

What Happens if I Violate a Restraining Order?

While having a restraining order on your record can be stressful and even embarrassing, it’s crucial to ensure you obey the terms and conditions imposed. You could face various legal consequences if you violate it, including criminal charges, fines, probation, and imprisonment upon conviction.

The criminal charges process entails the following legal procedure:

• Arrest and booking: Law officers may arrest you and initiate criminal proceedings if they have probable cause to believe you acted contrary to the order. You will be booked into custody and must appear in court for arraignment.
• Criminal proceedings: At the arraignment hearing, you will be formally charged with violating the restraining order and given a chance to enter a plea of guilty, not guilty, or no contest. Seek legal counsel from an experienced Lakeland domestic violence lawyer to protect your rights.
•  Pre-trial proceedings: Your lawyer may negotiate with the prosecutor to seek reduced charges or alternative sentencing options. They could also file a motion to suppress evidence or challenge the restraining order’s validity.
• Trial: If the case proceeds to this stage, the prosecution must prove beyond a reasonable doubt that you violated the order. With the help of your lawyer, you can present evidence and witness statements to water down the prosecutor’s claims.
• Sentencing: If the court finds you guilty or you plead guilty to the charges of violating a restraining order, it will impose a sentence, which may include incarceration, probation, fines, or community service. Your Lakeland criminal defense lawyer can advocate for leniency by presenting mitigating factors to reduce the severity of the penalties imposed.

You will likely face various challenges and potential consequences throughout the legal process involving restraining orders. It’s not possible to emphasize enough the importance of retaining the services of an aggressive domestic violence lawyer to fight for your rights.

An Experienced Criminal Defense Attorney Helping You Navigate the Consequences of a Restraining Order

Being served with a restraining order in Florida can dramatically affect your record and inhibit future opportunities. However, you can navigate the nuances and fight to protect your rights if you understand how the system works. A skilled criminal defense attorney in Lakeland can help you fight against unjust allegations to protect your reputation.

DeMichael Law is a reputable criminal defense firm in Florida. I dedicate my time to providing legal counsel and representation for clients facing criminal charges in Lakeland. My approach is based on determination, dedication, and dominant defense. If you’ve been issued a restraining order, talk to me for assistance. Call my office at 863-216-1831 to schedule a FREE consultation.