Following certain events, individuals in Florida and elsewhere may take steps to prevent these incidents from occurring again. In matters involving domestic violence, an individual may file for a protective order. This legal injunction is used to protect the person that filed it from future abuse. This means that the other person must stay away from them and even possible avoid any contact with them by any means.
In Florida, the terms of this order can be detailed and extensive, and for a person that believes that the allegations of domestic violence were false, having a protective order in place could result in added problems and even potential penalties if it is not followed exactly. In general, these orders last a year; however, they can be reapplied for an additional year each time it expires.
A protective order could be established for various reasons. These are typically ordered when there are allegations of assault, aggravated assault, sexual assault, battery, aggravated battery, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment or any other criminal act that results in physical injury or death. The purpose of a domestic violence protective order is to protect the presumed victim; thus, if the alleged abused violates it, he or she could face penalties. In the state of Florida, when an individual allegedly violates a protective order in place, this could result in a misdemeanor in the 1st degree.
Dealing with the underlying criminal charges for domestic violence can be challenging and emotional. This can be exacerbated when a protective order is in place and there are added allegations that the order was violated. One may not know what can be done to defend him or herself in these matters, making it vital that one takes the time to understand his or her legal rights and what criminal defense options are available.