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 !!!
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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! :(
you sound like a real loser! My kind of girl! Whats your number douchbag?
Deletemy ex husband keeps violating order i have on him but when reported now court appointed attorney is prosecuting the case. he denied it and took it to pretrial and jury trial but i have all the evidence on him.
ReplyDeleteHopefully you are talking about this insecure letter where she deems it necessary to have sex with her ex. Because the guy who wrote the first one is spot on. I am in the same boat but all the way in Washington state. I think it starts with the absolute scum of the earth, divorce lawyers. Yes, I am generalizing. There may be a few good ones. I especially like the ones that pick up the title of family councilor! that is joke. Sorry to the good ones, not so sorry to the ones that do things like subjectively not send certain emails to your ex in order to keep the tension high.
ReplyDeleteoh yes and the victims rights people, while I am sure they were wronged, but, it is always the same thing from them,"fry the bastard, don't worry about the children or his ability to make a living!" then when they are long gone and raped you out of every penny, what is left a big soup sandwich. Her word over mine every time. I had to plead guilty to something I didn't do because the Prosecuting attorney was going to call my 5 year old to testify. Thus, she hadn't seen her dad in 9 months and now it would be in court. Now a guy with a spotless record Masters degree, Military officer, veteran of 3 wars gets hoodwinked into admitting something I didn't do. Shoot 5 years later, my ex has parlayed this like a pro, I am a felon, stalker, and a no contact order breaker. unemployed and not employable. At least not in the medical industry, or to be a pilot! all this and I haven't had one word with her for 4.5 years. No contact no nothing. I see my girls one day a week. Oh and the "Victim" she is happily living like a queen in a million dollar home, in another state. Getting ready to marry the next sucker. Her motives? She couldn't chance me messing up her deal with the Boss. Thus her way of keeping me away from him? Why would I warn him of anything? Let him find out on his own. That is the best punishment. Hang in there. PS I am appealing one at a time. Should hear soon on my appeals for stalking. Then it will turn the tables. But all I really want is to be part of two little innocent girls lives that need their dad.