Florida Protective Orders Laws
Florida has a protective order law that is triggered in domestic violence cases. Such court orders often state, for instance, that an abusive spouse may not come within a stated distance of another person for a period of time. In Florida, protective orders (also called "restraining orders") may also get used in stalking cases.
The basic provisions of Florida's protective order laws are listed in the table below. See Domestic Violence: Orders of Protection and Restraining Orders for more information.
|Code Section||741.30 & 31|
|Activity Addressed by Order||Exclude from dwelling; enjoin contact; regarding minor children: grant temporary custody visitations, temporary support; counseling; restrain from committing any acts of domestic violence|
|Duration of Order||Ex parte temporary: maximum 15 days. General protective order: maximum 1 year, can reapply but maximum an additional year each time|
|Penalty for a Violation of Order||Misdemeanor in 1st degree|
|Who May Apply for Order||Any family or household member who is a victim of domestic violence or one who has reasonable cause to believe he or she is about to become victim|
|Can Fees Be Waived?||Yes|
|Order Transmission to Law Enforcement||Within 24 hours of issuance|
|Civil Liability for Violation of Order||Civil contempt|
Note: State laws are constantly changing -- contact a Florida criminal attorney or conduct your own legal research to verify the state law(s) you are researching.
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