In Florida, a restraining order is a protective order designed to safeguard individuals from threats, harassment, or abuse. The order is typically issued against a respondent, the individual accused of the behavior, to protect the petitioner. Restraining orders are types of injunctions, which is a court order between multiple parties.

Types of Injunctions

The five types of restraining orders/injunctions:

• Dating Violence – For those victims who have had a dating or intimate relationship with an abuser, and who have suffered violence or believe that violence is imminent, filing a dating violence injunction is appropriate.
• Sexual Violence – Sexual violence has more than one definition – it is commonly identified as an incident of sexual battery. Individuals who have experienced sexual violence have the option to pursue a sexual violence injunction.
• Domestic Violence – For cases involving family or household members, a domestic violence restraining order can be obtained to prevent assault, battery, sexual assault, stalking, kidnapping, or any other acts causing physical harm.
• Stalking – Any person who is a victim of stalking, or the parent or legal guardian of a minor child victimized by stalking, may seek an injunction for protection against stalking.
• Repeat Violence – In cases where the petitioner does not have a domestic connection with the perpetrator but has experienced more than one act of violence, they have the option to seek an injunction for protection against this specific type of behavior.

Can a petitioner violate the terms of the restraining order?

In some cases, the respondent may violate the terms of the restraining order, which can result in contempt of court. It can also be charged as a first-degree misdemeanor, with up to one year in jail and a $1,000 fine. Repeat violations can bring heavier charges such as a third-degree felony punishable by up to 5 years in prison and a $5,000 fine. 

There are some instances where the petitioner performs conduct that would violate the terms of the restraining order if done by the respondent. Such actions might occur if they engage in behavior including the following: 

• Initiating Contact – Restraining orders almost always include a no-contact provision prohibiting the respondent from contacting the petitioner. However, it’s not uncommon for petitioners to contact the respondent anyway. 
• Making Unauthorized Visits – The order may specify that the respondent is prohibited from entering certain places. The petitioner may visit those places with the intent of confronting or engaging with the respondent. 
• Encouraging Third Parties – The respondent may not be allowed to ask third parties to contact the petitioner. Despite this, the petitioner will sometimes ask or encourage others to contact or interact with the respondent.

Since a restraining order is meant to restrain one party (i.e., the respondent) from certain conduct, a petitioner’s actions performing the same proscribed conduct may not be punishable as a violation. However, a petitioner’s conduct may be used in defense at a subsequent hearing for a violation of the restraining order. Even if a petitioner makes first contact, the respondent may still be held liable for engaging if it is prohibited by the restraining order.

Florida Restraining Order Attorney

If you find yourself accused of violating the terms of the restraining order, call the experienced injunction attorneys at Gans Law now for a free consultation.