What Is a First Offense Violation of a Restraining Order?
A first offense violation of a restraining order in Florida is typically a result of violating the no-contact provision of the order, whether intentionally or unintentionally. Also known as violating a protection order in Florida, this can include texting, calling, or even trying to reconcile the relationship after a restraining order is in place. Many people make the mistake of thinking they can still communicate about important matters, such as children or finances, but doing so can lead to serious legal consequences.
It’s important to note that some individuals unintentionally violate the order, such as when a simple click on a phone’s call history accidentally contacts the other person. For instance, an accidental FaceTime or call could result in a violation if the phone’s call history leads to an unintentional contact, even if no malicious intent exists. In such cases, the violation may not be deliberate but can still have severe repercussions. Violating a protection order in Florida can result in penalties ranging from fines to arrest, and even a permanent criminal record in some situations.
First Offense Violation of a Restraining Order in Florida: What to Know
On a first offense, courts will look at context—whether contact was intentional, the nature of the communication, and any history between the parties. Even “accidental” contact can be treated seriously if it violates the explicit terms of the order. Penalties can include arrest, fines, probation, and long-term consequences that may appear on a criminal record.
How Violating a Protection Order in Florida Affects Divorce Proceedings
Violating a restraining order can complicate a divorce in various ways. First and foremost, it can lead to additional attorney fees as the non-violating party might need to take legal action to address the violation. In some cases, the party that violated the restraining order may also be ordered to reimburse attorney’s fees for the other party as compensation for having to litigate the issue.
More importantly, it can affect child custody decisions. Florida courts take restraining orders seriously and will evaluate any violations when determining time-sharing arrangements. If a party violates a restraining order, judges may interpret it as evidence of a concerning behavior pattern, especially when it relates to safety and stability for the children. A repeated violation could severely impact the violating parent’s custody rights.
In some cases, the court may decide to limit time-sharing or impose supervised visitation, especially if the violation is considered serious. The nature of the violation—whether it was an isolated incident or part of a broader pattern of behavior—will significantly influence the court’s decision. The overall conduct, including how the restraining order was violated, will be closely examined. This can even lead to permanent supervised visitation or, in rare cases, a complete loss of custodial rights.
Sean Smallwood is an Orlando divorce attorney for the law firm Sean Smallwood, Orlando Divorce & Family Law P.A. where he represents clients in all areas of family law and divorce. 100% of the practice is devoted to family law. As an attorney in Orlando, he has helped many families with a wide variety of family law cases including Divorce, Child Custody, Child Support, and many other issues.