An order of protection is a legal injunction that can only be issued by a court. In Tampa, Florida and elsewhere, this is a document that is meant to protect a person from someone else who poses a threat to them, usually in the form of domestic violence or stalking. An order of protection is a legal document that orders the abuser or offender from having contact with or going within a certain distance of the victim. There are numerous orders of protection that can be obtained that cover domestic violence, dating violence, sexual violence and repeat violence.
Reasons to Obtain Orders of Protection
In most cases, people seek orders of protection from the court when there is a situation of domestic violence within the family or among members of the same household who are not related. In general, the following violent acts can result in one person seeking a protective order against an abuser:
• Assault or sexual assault crimes
• Battery or sexual battery crimes
• False imprisonment
• Kidnapping
• Stalking crimes
• Various criminal offenses that cause serious physical injury or death to another person
Unfortunately, not all offenders who have orders of protection taken out against them adhere to those orders. There are numerous ways in which a person can violate a protective order in Tampa and Florida, in general.
Ways to Violate of an Order of Protection
There are various ways in which a person can violate an order of protection. Regardless of whether the order is in place due to domestic violence, sexual violence, stalking or anything else, a person who violates the injunction can be arrested. The following are some ways to violate an order of protection:
• Contacting the victim through any means, such as by phone calls, text messages, video chat or snail mail
• Being in too close physical proximity to the victim
• Not leaving a residence the perpetrator has shared with the victim
• Not surrendering firearms and ammunition while the order of protection is in place
If a person violates an order of protection or any of the conditions of the order, they can be arrested and criminally prosecuted. The most minor charge an individual who violates a protective order can receive is a misdemeanor in the first degree. However, depending on the circumstances of the violation and any actions they make against the victim, it is possible that the person can be charged with additional crimes, such as domestic violence.
What Do the Laws Regarding Orders of Protection Comprise in Florida?
In Tampa and in Florida, in general, there are certain laws pertaining to orders of protection. A person can obtain a protective order against another person, such as their current or former spouse, blood relative, roommate or former roommate or the other parent of their child. Once the order of protection is obtained, the perpetrator or abuser must leave the shared premises where the victim still lives and avoid all forms of contact with them. There may also be a temporary custody agreement granted depending on the circumstances.
A temporary order of protection lasts for up to 15 days, but a general order of protection carries a duration of one year. However, the victim can reapply for more time on the order, which is usually extended to up to an additional year for every time they request an extension.
If you have been arrested and charged with violating an order of protection in Florida, you will need the skills of an experienced lawyer in your case. Contact William Hanlon criminal defense attorney in Tampa at your earliest convenience. He will build a strong defense to get the charges reduced against you.
How can you violate an Order of Protection in Tampa?
