What is the penalty for violation of a restraining order ?
Violation of a restraining order, whether a temporary order or a restraining order after hearing, is a contempt of a court order. The restrained person found in violation of a valid restraining order may be immediately taken into custody and taken to jail. In addition, the offender can be charged with a misdemeanor or a felony crime, and could be sentenced to serve time in jail or Prison and to pay a fine for the offense.
Here in Tampa, Florida, under the stupid new Domestic Violence laws, after the third violation of a restraining order, you can be charged with Aggravated Stalking.
Under Florida's point system, it is a level 7, 3rd degree Felony, and carries from 22 to 30 months in Prison!
So, if you are still in Love, and call your wife/girlfriend to try and work things out a few times, then stop by to see your Kids/get your stuff, and she has a witness, you are screwed!
Let's say she meets a new Man, and wants to get rid of YOU ?
She first gets an easily granted restraining order, then she enlists the "help" of her new boyfriend or others to "say they saw you", or "heard your voice calling from a Pay Phone"
Of course, it was really her NEW Boyfriend doing the pay phone calls, so it will be on her Caller ID when Police come.
Our little "victim" will have everything "documented" of course, because she is well coached by so called "Victims Assistance Advocates" !
She shows the Police the phone calls from you on her caller ID, and then produces "witnesses" who SAY they saw you "drive over her house" to put you away!
Next thing you know, the Police come and take you to Jail, and you will be held w/o Bond!
She will show up at a Bond hearing, and say she is "scared" of you!
The judge will KEEP you in Jail, and as you face total financial ruin, and realize it might take up to a YEAR to go to trial, you plead guilty to bogus charges, just to get out of Jail.
For a first offense, if you have a decent Attorney, you will probably get Probation and "Anger Management Classes".
But the REAL Fun starts when you TRY to break free of someone you Love who has betrayed you, and meet someone else !
Now, you are a "Stalker" if you are unlucky enough to live in Tampa, Florida !
The Sheriffs Office in Hillsborough County, Florida maintains a web site where you entire arrest history is on display for all to see !
The Prosecutors offfice here is quite aggressive in charging for every "crime"
That means EVERY time she has her NEW boyfriend call her from a Pay Phone, and says it was YOU, it is a seperate charge !!!
[CA] Police Chief's wife Brinda McCoy on trial for shooting at police officers
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TRIAL IN PROGRESS:
*People vs. Brinda Sue McCoy, Case Number 10CF3399.*
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6 days ago
I must have to say this is some real BS!!!
ReplyDeleteMy EX had filled one against me, but yet he can break his own restraining order, come on my property, message, and unfornt had intercorse which I really regreat. He proclaim that he will have it dropped. Now 2 months later, his NEW girlfriend found out he we been in contact and I been served STATE OF FLORIDA Violation of Restraining Order!!! I have court for Arraingment which I feel should be DISMISSED, a person filling for protection proclaim to be scared WOULDN'T HAVE SEX AND KEEP CONTACTING THE OTHER PARTY OR WORRIED BOUT WHO THEY WITH! :(