Violating a Domestic Violence Court Order
In civics class, you learned that the courts cannot take away a person’s liberty, by imprisoning him or her, except after a criminal conviction secured under due process of law. In other words, the court cannot sentence you to jail unless you plead guilty to a crime after discussing the matter privately with a criminal defense lawyer, so that you are sure that you are making an informed decision about your guilty plea, or unless the jury finds you guilty after a fair trial, so that twelve people agree, without the state resorting to legal sleight of hand, that they are certain that you are guilty. Meanwhile, there are plenty of ways to get in trouble with the law without getting criminal charges, but these violations of the law cannot land you behind bars. No one goes to jail for unpaid traffic tickets or for letting their lawn get overgrown, even though you can get hefty civil fines for these things; you also have to spend years racking up millions of dollars in taxes and not paying them before the criminal court gets involved. At least, that is the simple version of the story. There are some situations where disobeying an order of the civil court can be a criminal offense; one example of this is violating a restraining order arising from domestic violence. Here, our Miami domestic violence defense lawyer explains how a heated argument with your spouse or partner that blows over quickly after the police show up can lead to you getting criminal charges, and what you can do to fight the charges.
Law Enforcement Officer Gets Criminal Charges for Violating Court Order After Domestic Violence Incident
A 55-year-old man from Broward County, who works in law enforcement, was arrested in April 2026 after his girlfriend called the police while the couple were fighting. In connection with this incident, the man received charges for battery, in addition to several other criminal charges. The court issued a restraining order. Pursuant to this order, the man is not allowed to go near his estranged girlfriend or contact her. In May, he was arrested for violating the order. The court set his bond amount at $2,500, and he paid it. When the Miami 7 News website reported on the story, the defendant was awaiting release from jail while his case was pending.
When the Civil and Criminal Courts Get Into Each Other’s Business
Police frequently get calls about domestic disturbances. People who have witnessed domestic violence rarely talk about it, usually out of fear of stigma, but 911 dispatchers can tell you some stories. In many cases, domestic violence incidents that result in police coming to the caller’s house do not result in a criminal conviction for the alleged aggressor. Sometimes it is because the parties reconcile and do not want a criminal case to cause further trouble in their relationship. In other cases, the accuser is unwilling to testify against his or her family member or romantic partner.
Despite this, the courts want to stop conflict between members of the same household from escalating until it turns into physical violence that leads to serious injuries. Therefore, it is common for the family courts to issue restraining orders where the parties to the conflict cannot be in the same place at the same time until a certain date, or until the court modifies the order. If the parties are a former couple with minor children, this requires the family court to issue a parenting plan that reflects the fact that the parents cannot interact directly with each other. The court might also issue a Hope Card, which one of the people involved can display if the police are called again, as evidence that this is not the first instance of domestic violence in the household.
It Matters What Happened Before and During the Restraining Order Violation
If there are no aggravating factors, violating a court order, including but not limited to restraining orders arising from domestic violence, is a first-degree misdemeanor. The maximum penalty is one year in jail. If there was physical violence involved in the violation of the restraining order, or if the event that precipitated the restraining order was severe enough, the charge can be upgraded to a felony.
Contact Our Criminal Defense Attorneys
A South Florida criminal defense lawyer can help you if you are facing criminal charges for violating a restraining order after a domestic violence arrest. Contact Ratzan & Faccidomo in Miami, Florida for a confidential consultation about your case.
Source:
wsvn.com/news/local/broward/bso-sergeant-posts-bond-after-being-arrested-for-3rd-time-for-violating-court-order/
