How Protective Orders Impact a Pending Criminal Case
Facing allegations of domestic violence or related offenses can feel overwhelming and isolating. You might worry about your family, your freedom, and your future. These situations often involve strong emotions on all sides, and the legal process can add even more stress.
If you're dealing with a protective order alongside criminal charges, it's normal to feel uncertain about what comes next. At Gutin & Wolverton, our attorneys Harley L. Gutin and Stephen Wolverton help clients through these challenging times.
We serve people in Brevard County, Florida, and the surrounding areas, including Cocoa, Titusville, Melbourne, Palm Bay, and beachside communities like Cocoa Beach and Merritt Island. If a protective order has been issued against you while criminal charges are pending, reach out to us for guidance on protecting your rights.
What Protective Orders Are in Florida
Protective orders, also called injunctions for protection, are court orders designed to keep someone safe from harm or threats. In Florida, they come in several types, but the most common in criminal cases is the injunction for protection against domestic violence.
These orders can start as temporary, often issued quickly based on one person's statement. A judge reviews the request and may grant a temporary order without hearing from you first. It typically lasts up to 15 days, until a full hearing.
At that hearing, both sides present evidence, and the judge decides whether to make it permanent. Permanent orders can last indefinitely or for a set time, unless changed later.
Other types include orders for repeat violence, dating violence, stalking, or sexual violence. Criminal cases often tie into domestic violence orders, especially when charges like battery or assault are involved. No-contact orders can also be issued directly by a criminal judge as a condition of release.
How Protective Orders and Criminal Cases Interact
Protective orders and criminal cases run on separate tracks, but they overlap significantly. A protective order is civil, meaning it's not a criminal conviction. However, it can arise from the same incident that leads to criminal charges.
If police respond to a call and arrest you for domestic battery, the alleged victim might seek a civil protective order at the same time. Or, a criminal judge might impose a no-contact order as part of your bond conditions. These can happen independently—the civil order doesn't require criminal charges, and criminal cases can proceed without a civil order.
The key overlap: Evidence or statements from the protective order hearing might influence the criminal case. Prosecutors sometimes use the order's existence to argue for stricter bond conditions or to show a pattern. On the flip side, if you successfully fight the protective order and get it dismissed, that can strengthen your position in the criminal matter.
Both processes aim to address safety, but the criminal case focuses on whether you broke the law, while the protective order focuses on future risk. Understanding these differences is pivotal to your case. Working with an experienced attorney can make the process smoother.
Immediate Effects on Your Daily Life
A protective order can change your routine overnight. A temporary or permanent protective order can impose sudden and significant limitations on your daily life. Common restrictions include:
No contact with the protected person: You can't call, text, email, or message them, even through others.
Stay-away requirements: You must keep a certain distance from their home, work, or school—often 500 feet.
Vacate shared residence: You might have to leave your own home immediately.
Temporary custody changes: If children are involved, the order can limit or stop your access to them.
These rules apply even if the alleged victim reaches out to you. You must follow the order strictly. Firearm restrictions often kick in, too—you may need to surrender guns and ammo. Living under these terms while facing criminal charges adds pressure. You might struggle with housing, work, or seeing your kids. That's why acting quickly to address the order matters.
These immediate changes can feel disruptive, but options exist to challenge or modify them. With the right approach, you can work toward regaining stability while your criminal case moves forward.
Consequences of Violating a Protective Order
Violating a protective order turns a civil matter into a criminal one. In Florida, even a single willful violation is usually a first-degree misdemeanor, punishable by up to one year in jail and fines.
Common violations:
Violating a protection order (injunction for protection) in Florida is a serious criminal offense that can lead to arrest, even for seemingly minor infractions.
Any direct or indirect contact, like a text or asking a friend to pass a message.
Coming too close to restricted places.
Possessing firearms when prohibited.
If you have prior violations against the same person, it can become a third-degree felony, with up to five years in prison.
A violation arrest creates new charges on top of your pending case. Prosecutors might use it to argue that you're a risk, leading to a higher bond or the revocation of your release. It can also hurt plea negotiations or sentencing if convicted in the original case.
Even accidental violations count if willful—you knew about the order and broke it anyway. Courts take these seriously to protect alleged victims.
Following the order precisely avoids these pitfalls, but if accused of a violation, you need a strong defense to fight the new charges and protect the original case.
Long-Term Impacts on Criminal Proceedings
A protective order can influence your criminal case in several lasting ways. It might affect bond hearings—judges could view the order as evidence of danger and set higher bail or impose additional conditions.
At trial, the order itself isn't direct evidence of guilt, but related testimony might come in. Prosecutors can't always use the civil hearing statements freely due to different rules. If the order becomes permanent, it can impact sentencing. Judges consider the protection of the public and the victim.
In domestic cases with children, the order might sway custody decisions in family court, indirectly affecting your criminal strategy. On the positive side, dismissing or modifying the protective order early can help your criminal defense. It shows the allegations lack strength.
These effects highlight why addressing both matters together yields better results. Coordinated defense can minimize damage across the board.
Seek Skilled Legal Guidance Today
Dealing with a protective order during a pending criminal case requires careful steps to protect your rights and future. At Gutin & Wolverton, we are ready to help clients in Brevard County and nearby areas, including Cocoa, Titusville, Melbourne, Palm Bay, Cocoa Beach, and Merritt Island.
We focus on building strong defenses, challenging unfair orders, and working toward favorable outcomes in both civil and criminal proceedings. Don't face this alone—reach out to our attorneys at Gutin & Wolverton today for a consultation on your options.