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.
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plese help if u can my son had a restraning order from a woman he lived with for 5 years she found a new bf andwas back and forth she use to send him nude pic of herself and her new bf thu the email they both still had. some one sent them to her mother thu the email so my son was arrested for it and was on 35000 bail anyway went to court and had a lawyer not so good, and took a plea and got pti.and a restraning order was put on my son now 3 yrs later she comes into a bar my son was working in (he got there a 5pm her and new bf comes in at9pm stays 3 hours, leaves and calls police and my son was arrested again for breaking the order BEAT THAT now he goes to court again and they offer him 1 yr probation my son refuses and ask for a court date he has proof he was working and witnesses that were there and knows she broke the order by coming ther so my son then goes to get a restraing order on her so she doest keep doing this, and the judge denies him and my son says to the judge than she will do this again and again and the judge said and you can get arrested again i feel his protected rights have now been violated and bassically he also was fausly arrested am i right or what and where do we go for help i am reddy to go to the media but i am afried it will hurt my son even more what do you think he has a constutional right to be protected also thanks for any reply lucyellen6@aol.com
ReplyDeleteAll your Son has to do is prove he was there working BEFORE she arrived, case closed! If a restraining order is present, who ever was in a public place first is allowed to stay, the other must leave.
ReplyDeleteI am on RSDI for PTSD sustained form on the job incident in 2006 when I worked in proactive Security / Protection Agent in my state as a Sergeant and have been receiving my RSDI which in a way is early retirement due to alot of other thing to go with ptsd my ex filled a divorce cause i no longer had money she was abusive and i was never I enforced the law carried a side arm and everything a police officer carried for 8 years making the same ranks my ex gets mad at me in court cause i say I dont think the kids are mine she makes up that I alleged called her too many times she came by my house and stalked me I have a police trespass order on her and numourous police calls i placed on her for having her bf threating me and then last month she called the police after calling me and i should have never answered the phone i said you need to stop this and leave me alone mind u this is her who called me and she was on the phone after her bf theartend me again her bf poped my car tires 3 times all reported by police I have my city police come to my house arrest me and i was confused as can be then the judge releases me on rpr for being a upstanding citizen and serving my state enforcing law my ex calls the next day 9 times i call the police the same officer who arrests me calls me i tell him the judge told me not to answer the phone he said its not agisnt the law for her to call i said I know but she called nine times i asked for him to come out to see my caller id he did not I switched cell phone number and my brother who i never talk to tried calling me but could not get ahold of me cause the number change and he tried texting me it went back to his cell phone the cell phone he has is my mothers old phone from 4 years ago he calls the contact named josh under my name it called my old house which was my exs she thought it was me masking my voice I was told this after I paid 200 bail but then again I am sure she knows even after years what my younger brother sounds like got out a 2nd time my brother still has the text he tried to send and the call log on his cell showing he called and if she recorded him it was his voice thought it was bad enough with first time being falsely arrested but again I am at this point saying come on my PTSD is acting up I do not want to go to prison for even a day i am wondering if I even have a chance considering they placed the last arrest at 8:30am then the 1st arest at 1:30pm for court already looks bad because they would see i have court later on that day for being arrested one time the first time and this is the 2nd im going to try to pull all the police documents and I could careless who shes with im not one to go agisnt the law and if I was a harasser usually they do it nonstop not a year later for no reason she got the hro on a cvil court ruling I did no criminal acts and i have not stalked her or done nothing nor would I as she was bad news and just wanted to and still does want to get even with me to this day when all I want is to not even have her come up around my life should I be worried about this big time my ptsd is acting up I can only get a public defender as i only get so much every 1 time a month and for a public defender this looks bad I know this cause my jobs and being on the right side of the law and still to this day this is all just a nightmare. I cant even think of spending a day in jail for something I never did besides not getting my meds for my condition since they dont give out ptsd im on klonpin in jail the anxiety alone would make my body break down if I go in trouble for no reason this is big any thoughts would be great joshwfink@msn.com
ReplyDeleteThey must prove it was you that made the phone calls.
ReplyDeleteCome on. They need to get a life. A person "just in love" is another person's stalker. I have a restraining order against my ex. 2 years later I still get strange calls from payphones all hours of the day and night. Sits inside bushes across street from my job(with binoculars out of 500 ft range) to watch me. Sometimes when people say they want nothing to do with you and leave them alone you should LEAVE THEM THE HELL ALONE FOR GOD'S SAKE.
ReplyDelete