Many individuals accused of violating a restraining order were unaware at the time they violated the order that it would be so broadly interpreted, aggressively enforced, and severely punished. While no doubt some individuals need restraining orders to protect themselves from violent ex-spouses, boyfriends, girlfriends, and family members, the vast majority of those who seek restraining orders do so to punish the intended recipient for some disagreement or for breaking off the relationship. The still in Love “defendant” then telephones his ex in an attempt to reconcile and quickly finds himself under arrest. That the defendant did not intend to violate the order or that his intentions were benign or even well meaning, is technically no defense to a charge of violating the order.
So aggressively are these restraining orders enforced that the person who obtained the protective order need only contact the police to say she saw the defendant drive by her home to affect his arrest.
A conviction for violating a restraining order is punishable by a fine of not more than five thousand dollars, or by imprisonment for not more than two and one-half years in Prison, or by both such fine and imprisonment.
In Florida, restraining order violations are upgradeable to Felony Stalking, after the third violation of the order.
Ane each and every phone call is charged as a seperate violation of the restraining order.
This means if you are still in Love with your ex, and call her, send her Flowers, or mail a letter to her, you can face Aggravated Stalking charges, and Prison Time for it!
Although a restraining order is technically a civil order, it appears on an individual’s criminal record permanently. It is very difficult to persuade a district court judge to expunge the restraining order from the defendant’s record.
It will also greatly hamper your ability to find a new romantic partner someday.
That you were in Love, sent Flowers, and only made the phone calls to try and save your relationship will not appear on your Criminal Record.
You are now a "Stalker", and a "violator of restraining orders against repeat violence"
Even though there was no violence at all, in your case.
You EX will be coached in the latest methods to put you away, so beware!
She can contact you all she wants, but if you are stupid enough to trust her, you will go to Jail!
If there is a Restraining Order in Place, do NOT contact her in any way, no matter what.
This Blog is intended for educational and informational purposes only. Some posters are court ordered to have no contact of any kind with the person having a Restraining Order against them. Meaning no third party contact as well. If you by chance know a person one of our posters/authors is discussing to share their experiences with others, we ask you to respect our rights to free speech, under the United States Constitution. Restraining Order Blog is not meant to harass, directly or indirectly contact, harm, intimidate, bring any emotional distress, stalk or cyberstalk, nor intentionally slander or damage any individual in any way. Nor is it intended to initiate any third party contact on behalf of any poster or author, or violate a current restraining order in any way either. If you feel there is anything here that is slanderous, untrue, or illegal, please bring it to our attention. We will examine your request promptly, and any post you find offensive will be reviewed for removal in a timely manner. If you have a story to share, email me at firstname.lastname@example.org, and I will add you as an author on Restraining Order Blog.