What Happens If You Violate a Restraining Order in Florida?

Violating a restraining order, even accidentally, can have serious legal consequences in Florida. Many people are surprised to learn that simple contact, like replying to a text or returning to a shared home, can lead to an arrest and new criminal charges. Whether the violation was intentional or the result of confusion, the courts treat these cases seriously.

At Lindsay Chase Law Firm, we’ve represented clients accused of violating restraining orders and other injunctions throughout Florida. This guide explains what restraining orders are, what counts as a violation, the penalties involved, and how an experienced attorney can help protect your rights and resolve the situation.

What Is a Restraining Order (Injunction) in Florida?

A restraining order, officially known as an injunction for protection, is a court order that restricts contact between two people. It is designed to prevent harassment, abuse, or threats of violence. Under Florida Statute §741.30, individuals who claim to be victims of domestic violence or in fear of imminent danger can petition the court for an injunction.[1]

Florida recognizes several types of injunctions:

Domestic Violence Injunctions – For spouses, former spouses, family members, or individuals who share a household or child. 
Dating Violence Injunctions – For individuals in or recently involved in a romantic relationship. 
Repeat Violence Injunctions – For victims of two or more incidents of violence or stalking. 
Sexual Violence Injunctions – For victims of sexual assault or abuse. 
Stalking Injunctions – For victims of stalking or cyberstalking.

When an injunction is granted, the court may order the respondent (the accused person) to avoid contact with the petitioner, stay a certain distance away, move out of a shared residence, and surrender firearms.

Even if the situation is later resolved between the parties, only the court can modify or lift the injunction. Contacting the petitioner directly can still count as a violation.

What Counts as a Violation?

A restraining order violation occurs when the respondent willfully disobeys any of the terms set by the court. This can include:

Calling, texting, or emailing the protected person. 
Messaging them on social media or through a third party. 
Showing up at their home, school, or workplace. 
Leaving gifts, letters, or notes. 
Failing to move out of a shared home when ordered to do so.

Many violations happen unintentionally, such as running into the other person in public or replying to a message they initiated. However, intent is not always a defense. If the court finds that the contact was “willful,” it can still result in arrest.

If the alleged violation involves threats, stalking, or physical violence, prosecutors may add additional charges, which can elevate the case to a felony offense.

Penalties for Violating a Restraining Order

In Florida, violating a restraining order is a first-degree misdemeanor, punishable by:

Up to 1 year in county jail, 
Up to 1 year of probation, and 
A $1,000 fine.

Repeat or aggravated violations can lead to felony charges carrying longer prison terms and higher fines. For example, if the violation includes stalking, battery, or another criminal act, prosecutors may seek to reclassify the offense.

Beyond criminal penalties, there are collateral consequences:

Loss of eligibility for certain jobs or professional licenses. 
Challenges in child custody or visitation cases. 
Permanent record of the arrest and conviction, which cannot be sealed or expunged if adjudication is not withheld.

Judges also have wide discretion to impose additional penalties, such as mandatory counseling, anger management classes, or stricter future injunction terms.

What to Do If You’re Accused of Violating a Restraining Order

If you learn that a violation has been reported, do not attempt to explain yourself to the protected person or to law enforcement without an attorney. Even if you believe the contact was accidental or harmless, anything you say can be used against you in court.

Instead, take these steps:

Contact a restraining order defense attorney immediately. Your attorney can review the alleged violation, determine whether it was willful, and advise you on the next steps. 
Avoid any further contact. Even a well-intentioned attempt to apologize or clarify can be seen as another violation. 
Gather documentation. Save texts, call logs, or GPS data that can show your location or intent. 
Follow all current injunction terms until your lawyer confirms otherwise or the court modifies the order.

Your attorney can request a hearing to present evidence that the alleged contact was accidental, fabricated, or otherwise non-criminal.

How a Defense Attorney Can Help

A restraining order defense attorney plays a crucial role in protecting your rights and ensuring that your side of the story is heard. Here’s how:

Examining the Details of the Order: Sometimes injunctions contain vague or unclear language that leads to unintentional violations. Your attorney can challenge these ambiguities. 
Proving Lack of Intent: Many alleged violations result from miscommunication or coincidence. Your attorney can present phone records, surveillance footage, or witness testimony to show that contact was accidental. 
Identifying False Allegations: In contentious relationships or custody disputes, false reports of violations are not uncommon. A defense attorney can uncover inconsistencies and demonstrate your compliance with court orders. 
Negotiating or Resolving the Case: In some cases, your attorney may negotiate for reduced penalties, counseling alternatives, or dismissal, particularly for first-time or nonviolent violations.

Having professional representation helps ensure that one mistake or misunderstanding does not permanently affect your criminal record or reputation.

Protecting Your Rights After an Alleged Violation

Accusations of violating a restraining order can escalate quickly, but you still have rights. You have the right to remain silent, to an attorney, and to present your evidence before a judge.

At Lindsay Chase Law Firm, we approach these cases with precision and urgency. We review every detail of the injunction, evaluate the alleged contact, and develop a clear strategy to challenge the accusation and protect your freedom.

If you’ve been accused of violating a restraining order in Florida, act immediately. The sooner your attorney intervenes, the better your chances of resolving the matter before it results in lasting harm.

Call 954-737-0820 today for a confidential consultation. We’re ready to help you understand your options and take the next step toward protecting your rights.