Violation of a Protective Order in Miami

A person can also willfully violate an injunction for protection against stalking or cyberstalking under Florida Statute § 784.0487(4)(a) by doing any of the following:

• Going to, or being within 500 feet of, the petitioner’s residence, school, place of employment, or a specified place frequented regularly by the petitioner and any named family members or individuals closely associated with the petitioner
• Committing an act of stalking against the petitioner
• Committing any other violation of the injunction through an intentional unlawful threat, word, or act to do violence to the petitioner
• Telephoning, contacting, or otherwise communicating with the petitioner, directly or indirectly, unless the injunction specifically allows indirect contact through a third party
• Knowingly and intentionally coming within 100 feet of the petitioner’s motor vehicle, whether or not that vehicle is occupied
• Defacing or destroying the petitioner’s personal property, including the petitioner’s motor vehicle
• Refusing to surrender firearms or ammunition if ordered to do so by the court

Protective Order Violation Penalties in Miami

In most cases, an alleged violation of an injunctions for protection is a first degree misdemeanor punishable by up to 1 year in jail and/or a fine of up to $1,000. If an alleged offender has been previous convicted of violating an injunction or foreign protection order two or more times, a subsequent violation is a third degree felony punishable by up to 5 years in prison and/or a fine of up to $5,000.

Florida Statute § 741.31(5) also establishes that a court can order a respondent to attend a batterers’ intervention program if it finds a willful violation of a domestic violence injunction. Under Florida Statute § 741.31(6), any person who suffers an injury and/or loss as a result of a violation of an injunction for protection against domestic violence can be awarded economic damages for that injury and/or loss by the court issuing the injunction, including costs and attorneys’ fees for enforcement of the injunction.

Florida Violation of a Protective Order Resources

Victim Response, Inc. (VRI) | The Lodge — VRI is a private 501(c)(3) nonprofit corporation with the primary purpose being “the provision of services both direct and indirect to victims of domestic violence, rape and sexual assault, and other victims of crime.” On this website, you can find information about VRI’s children’s program, outreach program, and emergency shelter. You can also review answers to frequently asked questions.

Safespace Foundation Inc. — The Safespace Foundation is a 501(c)(3) nonprofit organization “committed to the advocacy and empowerment of domestic violence victims, their children and survivors of domestic violence through our collaboration and support of the Miami-Dade County Advocates for Victims Program (AVP), and other entities that provide emergency shelter, transitional housing and financial assistance to these individuals.” Visit this website to learn more about services and programs Safespace Foundation provides. You can also find links to related organizations in Florida.

If you are in Miami call 305-249-0090 to get started on your case. If you are in Broward County call 954-524-4474.