If your ex-partner violates a court-issued order of protection in Tampa, you should immediately contact law enforcement, document their actions, and contact an experienced family law attorney. Violations can result in criminal consequences, negative impacts on custody, and additional restrictions imposed by the court. If this reflects your circumstances, the following blog explores what you should know about these matters, including the different kinds of orders that may be imposed and the steps you should take with the help of Tampa family lawyers to explore your options.

What Are the Different Types of Protective Orders in Florida?

It’s important to understand that there are different types of protective orders that can be issued in Florida. Though they share the same premise of protecting those from unwanted contact and harassment, each order has slightly different conditions, in accordance with Florida law.

Understanding the differences can help ensure you seek the appropriate option to receive maximum protection for your circumstances.

Domestic Violence Injunctions

One of the most common types of protective orders taken out against a spouse is a domestic violence injunction. This helps provide protection for those who have been targeted by intimate partners, like a spouse, co-parent, or dating partner.

A domestic violence injunction may:

  • Prohibit contact
  • Require the respondent to stay away from your home or place or work
  • Grant temporary, exclusive rights for a shared residence
  • Implement temporary custody or visitation arrangements
  • Require the surrender of firearms in some circumstances
  • Provide additional protections, as deemed necessary by the court

Florida Courts may issue:

  • Temporary injunctions
  • Final injunctions
  • Emergency protective orders
  • Repeat violence injunctions
  • Dating violence injunctions
  • Stalking injunctions
  • Sexual violence injunctions

What Conduct Can Violate a Protective Order?

Violations in Tampa and throughout the Bay Area can occur even if physical violence does not arise. Unfortunately, many are under the assumption that violations are only applicable when direct threats or assault occur. As such, common protective order violations include:

  • Calling, texting, or messaging you
  • Showing up at your home or place of employment
  • Asking friends or family to pass messages to you
  • Possessing firearms, if prohibited by a court order
  • Engaging in threatening or intimidating behavior
  • Engaging in social media harassment
  • Refusing to comply with custody orders

What Happens if Someone Violates a Florida Protective Order?

Violating an order of protection is a serious issue in Florida, so serious, in fact, that it can lead to criminal charges and an arrest. Courts in Tampa and the surrounding Hillsborough County communities take these matters seriously, as the point of protective orders is to prevent additional harassment, intimidation, and abuse.

Under Florida Statute §741.31, knowingly violating a domestic violence injunction may result in an arrest and criminal prosecution.

Potential Penalties for Violating an Injunction

  • Immediate arrest by law enforcement
  • First-degree misdemeanor criminal charges
  • Probation
  • Loss of firearm rights
  • Strict custody or visitation limitation
  • Enhanced penalties for repeat offenders
  • Jail time

How Does Law Enforcement Respond to Violations?

In the event your ex violates any aspect of the restraining order in place, the first thing you should do is call the police. These orders are enforceable by law enforcement, so allowing the police to handle this matter is critical. At the very least, this helps ensure that:

  • The violation is documented in a police report
  • Evidence is preserved
  • Potential arrest can occur, if applicable
  • Witness statements are recorded

Can Violations Impact Child Custody in Florida?

If you have a protective order against your spouse during your divorce, and the violations occur before custody is determined, the court will likely view your spouse in an unfavorable light.

This is because the court will prioritize the best interests of the child when determining child custody outcomes, and a parent who violates a court order may be viewed as a danger to the child’s health and well-being.

Why Courts Take Violations Seriously in Custody Cases

  • If the child witnessed the domestic violence
  • Threats to the child’s emotional or physical safety
  • Prior arrests or criminal charges
  • Patterns of harassing and intimidating behavior
  • The parents’ willingness to adhere to court orders
  • Ongoing conflict between the parents

Can Supervised Visitation Be Ordered?

Depending on the severity of the violations, the court may grant the non-custodial spouse supervised visitation with the child. This allows the parent and child to maintain a relationship while ensuring the safety of the child by having a third-party present for the duration of the visit.

What Should I Do If My Ex Violates the Protective Order?

If your ex-partner violates a court-issued order of protection in Tampa or Hillsborough County, the most important steps are to call law enforcement, document the violation, and avoid direct communication with the individual for whom the order has been taken out against.

Call Law Enforcement Immediately

As mentioned, it is imperative to immediately call law enforcement, as a protective order violation is a criminal offense.

Document All Violations

In addition to contacting the police, you should document all violations that occur. This includes:

  • Keeping a documented log of:
    • Dates
    • Times
    •  Locations
    • Witness statements
    • Descriptions of the accident
  • Emails
  • Texts
  • Photographs
  • Police reports
  • Social media screenshots

Understanding Florida Recording Laws

It is important to note that Florida is a two-party consent state for recording any conversations, so any secret recordings taken of conversations between you and your ex without their knowledge can be deemed inadmissible as evidence.

Contact an Experienced Tampa Family Law Attorney

When you are the victim of your spouse, it can be devastating. However, these matters can turn downright terrifying when they violate a protective order. As such, it is in your best interest to connect with an experienced attorney with Tampa Law Group to explore your legal options. When you need help, our firm is ready to fight for the best possible outcome for you and your family. Contact us today to learn more.