Violation of a Protection Order

Injunctions for protection in Florida are commonly called protection orders or restraining orders. Injunctions are court orders that prohibit alleged offenders from contacting protected parties or require alleged offenders to do certain things.

When a person who is subject to an injunction violates or fails to fulfill the terms of a protection order, he or she could face criminal charges. In addition to possible incarceration and fines, alleged offenders who are convicted of violating injunctions can also suffer serious long-term difficulties obtaining employment or housing because of having these offenses on their criminal records.

Lawyer for Violations of Protection Orders in Brooksville, FL

If you have been arrested in West Central Florida for an alleged violation of any kind of restraining order, it is in your best interest to immediately retain legal counsel. The Law Office of Ashley Aulls, P.A. defends clients throughout the greater Hernando County area, including Spring Hill, Brooksville, Weeki Wachee, Inverness, Wildwood, New Port Richey, and many other nearby communities.

Ashley Aulls is an experienced criminal defense attorney in Brooksville who fights to possibly get domestic violence charges reduced or dismissed. You can have him provide an honest and through evaluation of your case when you call (352) 593-4115 to take advantage of a confidential consultation.

Florida Injunction Violations Information Center

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Types of Protection Orders and Violations in Hernando County

Florida has five different types of injunctions for protection. Alleged offenders may be subject to any one of the following types of restraining orders, including injunctions for protection against:

  • Domestic Violence — Under Florida Statute § 741.28(2), domestic violence is defined as any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member. A family or household member includes spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married.
  • Stalking — Under Florida Statute § 784.048(2), an alleged offender commits stalking if he or she willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person. Harass is defined as engaging in a course of conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose, and cyberstalk means to engage in a course of conduct to communicate, or to cause to be communicated, words, images, or language by or through the use of electronic mail or electronic communication, directed at a specific person, causing substantial emotional distress to that person and serving no legitimate purpose.
  • Repeat Violence — Under Florida Statute § 784.046(1)(b), repeat violence is defined as two incidents of violence or stalking committed by the alleged offender—one of which must have been within six months of the filing of the petition—which are directed against the alleged victim or the alleged victim’s immediate family member.
  • Sexual Violence — Under Florida Statute § 784.046(1)(c), sexual violence is defined as any one incident of sexual battery; a lewd or lascivious act committed upon or in the presence of a person younger than 16 years of age; luring or enticing a child; sexual performance by a child; or any other forcible felony wherein a sexual act is committed or attempted, regardless of whether criminal charges based on the incident were filed, reduced, or dismissed by the state attorney.
  • Dating Violence — Under Florida Statute § 784.046(1)(d), dating violence is defined as violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature. The existence of such a relationship is determined based on the following factors: A dating relationship must have existed within the past six months; the nature of the relationship must have been characterized by the expectation of affection or sexual involvement between the parties; and the frequency and type of interaction between the persons involved in the relationship must have included that the persons have been involved over time and on a continuous basis during the course of the relationship.

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Florida Protection Order Violation Penalties

The requirements involved in an injunction for protection can vary from case to case. Generally, the most common restraining order violations involve alleged offenders contacting alleged victims in some way.

If an alleged offender violates a protection order, the offense is typically classified as a first-degree misdemeanor punishable by up to one year in jail and/or a fine of up to $1,000.If an alleged offender has two or more prior convictions for violation of an injunction or foreign protection order, any subsequent violation is classified as a third-degree felony punishable by up to five years in prison and/or a fine of up to $5,000.

When a person is accused of violating any kind of injunction for protection, it is critical to have a skilled criminal defense lawyer evaluate all of the possible defenses that may be raised. In some cases, alleged offenders are charged with a crime for completely unintentional contact with an alleged victim.

Some alleged offenders may be able to get criminal charges dropped if they were not properly served notice of the injunction in question. An attorney will be able to identify the best course of action that can help a person achieve the most favorable outcome when accused of violating a restraining order.

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Hernando County Protection Order Violation Resources

Hernando County Sheriff’s Office | Domestic Violence Information — Visit this section of the Sheriff’s website to learn about what action you can take if you are a victim of domestic violence. Find information about injunctions and what they do. You can also learn what to do if somebody violates an injunction.

Hernando County Sheriff’s Office
18900 Cortez Blvd
Brooksville, FL 34601
(352) 754-6830

Dawn Center — Dawn Center of Hernando County is an equal opportunity services provider with a mission to “break the cycle of domestic and sexual violence by providing supportive services and leadership that promotes social change.” On this website, you can learn more about the services Dawn Center provides, which include emergency shelter, crisis counseling, and safety planning. You can also find recent news and read about the organization’s history.

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The Law Office of Ashley Aulls, P.A. | Brooksville Violation of a Protection Order Lawyer

Were you arrested for allegedly violating any kind of injunction for protection in West Central Florida? You will want to contact The Law Office of Ashley Aulls, P.A. as soon as possible for help protecting your rights.

Brooksville criminal defense attorney Ashley Aulls represents clients in communities throughout Hernando County, Citrus County, Sumter County, and Pasco County. Call (352) 593-4115 or complete an online contact form today to schedule a initial consultation that will let our lawyer review your case and answer all of your legal questions.

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