Protective Order

What is a Duval County Protective Order?

You’ve been accused of family violence or child abuse or endangerment. You’ve been served notice of a protective order by the Court of Duval County, also known as order of protection and restraining order. What should you do?

Family violence is a serious problem and victims of family violence are entitled to the maximum protection permitted by law. Child abuse and child endangerment is something that we as a society should not tolerate. In many family situations, however, emotions may take over common sense and you could be facing a Protective Order that could keep you from your children and your home through false allegations and through no fault of your own. A judge will listen to the evidence presented concerning the merits of issuing a protective order against you and decide how to act. You need to have your side of the story told.

Legal Defense from Unwarranted Charges of Domestic Violence

The Dick Law Firm has over 30 combined years of legal defense We specialize in criminal defense law and protecting our clients from unwarranted charges of domestic violence. In Florida, a Protective Order can be granted to someone based on just the threat of violence. If there has been no history of violence and no evidence of violence, you may be faced with a situation where it is your word against your spouse or partner.

Judges have a great deal of discretion over the restrictions spelled out in the orders of protection that are issued. This could mean not only avoidance of physical contact but also communications of any kind. If you share a residence with the accuser you will typically be required to vacate the shared residence regardless of whether you have ownership interests in the residence.

A Protective Order can include the following:

  • Not being able to communicate with the issuer of the order
  • Not being able to go near their place of employment or business
  • Not being able to go near a school or day-care center where your child attends
  • May also include orders to: prohibit transfer or disposal of property, establish possession and visitation of a child, pay child or spousal support for a period not to exceed one year, attend mandatory counseling, and vacate the residence or other specified property, if certain conditions are met.
  • A restraint against possessing a firearm
  • Temporarily give parental rights to the protected person
  • Ordered to pay financial support to the protected individual or other family members.

Penalties and Fines for Violation of a Protective Order

It costs nothing for someone to request a protective order to be filed against you. If the court issues this order you will be responsible to pay the fees incurred. If an order is issued against you and you violate the order law enforcement will be notified, and officials will act to arrest you immediately. You can be punished for contempt of court by a fine of as much as $500 or up to six months in jail or both. If a Magistrate’s Order for Emergency Protection is issued at the time of an appearance before a magistrate after arrest for an offense involving accusations of family violence or sexual assault you can be fined as much as $4,000 or jail for up to one year or both for a violation.

Having a Protective Order filed against you can lead to very serious consequences. You need legal representation to insure your rights are not violated. Call or contact The Dick Law Firm for free and confidential consultation about you situation.