F.S. 784.047 – Violation of Protective Orders in Fort Lauderdale

Violating protective orders in Florida is a serious offense, and the state’s legal system treats it with particular gravity. Protective orders, also known as restraining orders, are meant to protect individuals from harm, harassment, or abuse. Violating protective orders in Fort Lauderdale can lead to significant legal repercussions. For those accused of such violations, understanding the laws and potential defenses can make a critical difference. Here, we’ll examine Florida Statutes 784.047, F.S. 784.046, F.S. 825.1035, and F.S. 825.1036, breaking down their elements, penalties, and the importance of hiring an experienced Fort Lauderdale criminal defense lawyer to navigate these complex charges.

Overview of Protective Orders and Their Purpose

Protective orders are court mandates designed to protect individuals who have been threatened, stalked, or abused. They typically restrict a person from making contact with the protected individual or approaching specific locations. The courts issue these orders to safeguard victims from further harm, and violations are taken very seriously, as they undermine the courts’ efforts to protect vulnerable individuals. Violating a protective order, even without actual harm or threat to the protected person, is considered an offense that could result in arrest, fines, and jail time.

Florida Statutes Governing Violations of Protective Orders

Several Florida statutes specifically address the violation of protective orders, each with unique criteria, penalties, and applications.

F.S. 784.047 – Violation of Injunctions for Protection Against Repeat, Dating, or Sexual Violence

Under Florida Statute 784.047, a person can be charged if they violate a court-issued injunction for protection against repeat violence, dating violence, sexual violence, or stalking. This statute serves as a deterrent against those who might ignore court orders meant to protect victims from further harm or harassment.

For a conviction under F.S. 784.047, the prosecution must prove that:

1. A court had issued an injunction against the defendant for protection against specific types of violence.
2. The defendant knowingly violated the terms of that injunction.

Violating an injunction under F.S. 784.047 is classified as a first-degree misdemeanor, punishable by up to one year in jail, a year of probation, and a $1,000 fine. Additional penalties may be applied based on the circumstances, particularly if repeated violations occur.

F.S. 784.046 – Injunctions for Protection Against Stalking

Statute 784.046 covers injunctions for protection specifically against stalking. This statute allows victims of stalking to seek court protection, and any violation of this injunction is similarly treated as a severe offense.

For a conviction under F.S. 784.046, it must be proven that:

1. An injunction for protection against stalking was issued by a court.
2. The defendant knowingly violated this injunction.

Violating an anti-stalking injunction is also a first-degree misdemeanor, punishable by up to one year in jail, a year of probation, and a $1,000 fine. The seriousness of the offense may increase if the violation includes repeated attempts to harass or harm the victim.

F.S. 825.1035 – Protective Injunctions for Vulnerable Adults

Florida Statute 825.1035 addresses protective injunctions for vulnerable adults, including elderly individuals or those with disabilities who may be especially susceptible to abuse, neglect, or exploitation. Violations of these protective orders carry strict penalties as Florida aims to protect its vulnerable populations from harm.

To convict under F.S. 825.1035, the prosecution must show that:

1. A court issued a protective injunction to safeguard a vulnerable adult.
2. The defendant knowingly and willfully violated this injunction.

Violating an injunction for the protection of a vulnerable adult is a first-degree misdemeanor, with penalties including up to one year in jail, probation, and a fine of up to $1,000. Given the nature of the victim’s status as a vulnerable individual, courts may enforce these penalties to their fullest extent.

F.S. 825.1036 – Protective Orders for Exploitation of Elderly Persons and Disabled Adults

Statute 825.1036 pertains specifically to protective orders against the exploitation of elderly individuals and disabled adults. Exploitation can include actions such as financial abuse or manipulation, and violating these protective orders is strictly prohibited.

Under F.S. 825.1036, the prosecution must prove that:

1. A court issued an injunction to prevent exploitation of an elderly or disabled adult.
2. The defendant knowingly and intentionally violated this injunction.

As with other violations, this offense is a first-degree misdemeanor, with possible penalties including a jail term of up to one year and fines of up to $1,000. However, violations can result in harsher sentences depending on the extent of exploitation involved.

Understanding the Seriousness of Protective Order Violations

Florida courts and prosecutors take violations of protective orders very seriously. Protecting victims of violence, stalking, and exploitation is a priority for the state, and any violation of a court-issued order is viewed as an affront to this mission. Because these orders aim to prevent further harm to vulnerable individuals, even minor or unintentional violations are likely to be prosecuted to reinforce their importance and prevent escalated risks to the victim.

In order to secure an order, there often needs to be some type of overt act that caused the alleged victim to experience reasonable fear, as noted in the 2015 Fla. 1st DCA case of Corrie v. Keul. Additionally, as noted in the 2015 Fla. 5th DCA case of Bristow v. Bristow, allegations that are vague or fail to demonstrate one feared they were in immediate danger may result in courts refusing to grant a protection order.

That said, state court judges have interpreted that even indirect forms of contact, such as leaving messages with a third party, can constitute a violation of a protective order. This precedent underscores how carefully one must adhere to injunctions, as any contact—even seemingly indirect or unintended—can be grounds for prosecution.

Possible Defenses for Violating a Protective Order

There are various defenses that an experienced criminal defense lawyer may explore in cases involving alleged protective order violations, including:

• Lack of Knowledge. If the defendant was unaware of the protective order’s terms, this might be a valid defense, though it can be challenging to prove.
• Unintentional Violation. In cases where contact occurred accidentally or indirectly, a defense lawyer may argue that the defendant did not willfully intend to violate the order.
• Ambiguous Terms. In some cases, the terms of an injunction may be vague or poorly defined. A defense attorney can challenge the clarity of the order if it led to a misunderstanding.
• Consent from the Protected Person. If the alleged victim initiated contact or gave consent for communication, this might serve as a defense, though it does not always protect against a technical violation.

A conviction for violating a Fort Lauderdale restraining order can have serious long-term consequences, especially for first-time offenders who may otherwise have no criminal record. Beyond potential jail time and fines, such a conviction can affect employment opportunities, housing applications, and even personal relationships. For non-citizens, this type of conviction may also impact immigration status.

The Role of a Criminal Defense Lawyer

An experienced Fort Lauderdale criminal defense lawyer plays a crucial role in defending individuals accused of violating protective orders. Here’s how they can help:

• Case Evaluation: A criminal defense attorney will review all evidence, including the terms of the protective order and any communications, to build a robust defense.
• Negotiation with Prosecutors: With experience in local courts, a skilled lawyer can negotiate with prosecutors to potentially reduce charges or pursue alternative sentencing.
• Advocacy in Court: If the case goes to trial, a defense attorney will present arguments, challenge evidence, and advocate on behalf of the defendant for a fair outcome.

Protective orders are essential legal tools in Florida’s justice system, and violations are treated with serious consequences. Anyone facing charges under F.S. 784.047, F.S. 784.046, F.S. 825.1035, or F.S. 825.1036 should recognize the gravity of these accusations. An experienced criminal defense attorney can make all the difference by guiding clients through the legal process, exploring potential defenses, and working to secure the best possible outcome.

If you’re arrested in Fort Lauderdale, call The Ansara Law Firm today for your free initial consultation at (954) 761-4011.

---