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A Florida protective order, which people may call a restraining order or domestic violence injunction, helps to prevent stalking, harassment and abuse. People who have experienced domestic violence or who fear for their safety can ask the courts to grant them a protective order.
Generally speaking, protective orders can last up to two years or occasionally longer. Contact between the parties is essentially prohibited until the order expires. It is relatively common for the person who requested the protective order to regret the scorched-earth tactics they previously used. They may reach out, hoping to reconcile with the other party.
Those subject to a domestic violence restraining order or protective order may want to know about their options. Is it possible to lift or modify a restraining order in Florida?
1. The risks of a violation
The first and most important consideration is the prevention of a violation. A party accused of violating a protective order could face a first-degree misdemeanor charge that carries up to a year in jail and $1,000 in fines.
Repeat violations can lead to third-degree felony charges and as long as five years in prison. It is therefore critical to follow the right procedures when attempting to reconcile after a domestic violence restraining order in Florida.
2. What steps can people take?
It is possible to have the courts dismiss a domestic violence injunction or protective order. The initial petitioning party must ask the courts to remove it. The courts then evaluate the case to determine if eliminating the order is appropriate.
Proof that the relationship is now more stable is generally necessary. Documentation of couples counseling or anger management courses could be helpful. Generally speaking, the party subject to the order should avoid making contact until after the restraining order is lifted by the courts.
Otherwise, the party that requested the order could claim that interactions constitute harassment and stalking. Anyone hoping to reconcile with their partner after the courts issue a domestic violence protective order may need to consult with a criminal defense attorney.
Talking with a Florida domestic violence defense attorney can help people follow the right procedures to avoid allegations of a violation and pave the way for reconciliation in the future. Insight into how judges and prosecutors handle protective order cases can help people avoid life-altering negative challenges whenever possible.
