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A restraining order, also known as an order of protection, can dramatically limit your rights in the aftermath of an alleged domestic violence incident. Even if the allegations against you are false, the court still has the power to issue a temporary order that you must comply with. The good news is that our attorneys can help you resolve this order and work to have it lifted.
If you are facing a court order, trust the Law Offices of Jason K.S. Porter, P.A. Our dedicated criminal defense lawyers understand how to address these orders and have them removed. With the help of a Jacksonville restraining order lawyer from our office, you could be free of these restrictions sooner than you think.
What Can a Restraining Order Include?
A restraining order is a court-issued directive designed to provide immediate protection to an individual facing threats, harassment, or abuse. These orders are legally binding and can include several specific provisions to safeguard the accuser. An experienced Jacksonville lawyer could help you understand fully what the provisions of a restraining order mean for you and your rights.
Prohibiting Contact
One of the most common components of a restraining order is a strict prohibition on any form of contact. This means you cannot call, text, email, or approach the protected individual in person. The order may even restrict indirect contact through third parties.
Child Custody Rights
When a case involves children, the court may address temporary custody and visitation arrangements as part of the restraining order. This ensures the children’s safety and well-being while preventing the accused person from using them as a means to harass or intimidate the alleged victim.
Removal From the Residence
If the parties involved share a home, the court may order the accused person to vacate the residence immediately. This provision is often crucial for creating a safe living environment for the alleged victim and any children present.
Firearms Restrictions
Florida law allows courts to restrict the accused person’s ability to own or possess firearms while a restraining order is in effect. This measure is intended to prevent escalation and reduce the risk of violence.
Consequences of Violating a Restraining Order
Violating a restraining order is a crime in our state. This charge could be filed in addition to any violent crimes you were accused of during the original incident. In most cases, a court will consider the violation of a restraining order a first-degree misdemeanor. If you are convicted, you could face as much as a year in jail and a maximum fine of $1,000.
There are also factors that can lead to this offense being upgraded to a felony. This includes when a person has allegedly committed multiple violations or is accused of violent or stalking behavior.
While these penalties may be distressing, it is important to understand that an arrest never guarantees a conviction. You are entitled to a strong defense, and our firm is here to help you navigate the criminal justice system. In some cases, it is possible to have both the alleged violation of the restraining order and the underlying charges dismissed at the same time. Let a Jacksonville restraining order attorney from our firm answer your questions and advocate on your behalf.
Talk to a Jacksonville Attorney About Your Restraining Order Today
Being placed under a restraining order is never easy. If you are facing accusations of violating its terms, the legal jeopardy you face will only increase. Fortunately, you have the right to protect yourself with the help of a Jacksonville restraining order lawyer.
Our firm is dedicated to advocating for the accused and providing support during what may be one of the most difficult points in your life. Contact us right away to discuss your options during a free consultation. Problems? Pick Porter!