It’s commonly known that Florida is a tourist destination for people nationwide. Florida has also seen mass numbers of people from across America relocating to its sunny and welcoming cities. As reported by Forbes, the U.S. Census has ranked Florida as #1 in total net migration and domestic migration for 2023.
What happens if a protected person travels or relocates to Miami or anywhere else in Florida? How does it affect your status as the alleged abuser in a domestic violence protection order issued in another state?
These orders come with many terms and conditions, such as:
- Being made to vacate the residence shared with the alleged victim
- Being prohibited from making any contact with the alleged victim
- Being prohibited from gun possession
- Being ordered to pay child support or spousal support
- Being subjected to child custody/visitation restrictions or denial
- Being ordered to undergo counseling
- Being required to complete a batterer’s program
- Any other orders or restrictions the court deems appropriate
It is essential to understand that these out-of-state orders, known as “injunctions” in Florida, can be enforced by Florida courts. Thus, the protected person crossing state lines does not exempt you from the terms and conditions of an order issued in your “home” state.
Even the child support and custody provisions can be enforced if the order has been “domesticated” in a Florida court, meaning it was presented to a court clerk for filing. Once filed, it will have the power of the Florida court system behind it.
However, the court clerk must notify you that the protection order has been filed.
What rights do you have in these cases?
Under Florida law, you have 30 days to contest Florida’s jurisdiction over the order. Furthermore, Florida courts cannot change, extend, or cancel the original protection order. Only the original issuing state can take those actions.
Should the out-of-state protection order expire while the protected person is in Florida, they may be able to seek a new one through the Florida courts. However, that could prove to be difficult without proof of new domestic abuse incidents occurring in Florida.
If you have been accused of violating a Florida domestic violence injunction, whether it originated in Miami or another state, you can turn to Hubbs Law Firm. We are a Miami-Dade County criminal defense firm serving clients throughout South Florida.
Our team consists of former prosecutors with extensive trial experience fully versed in Florida criminal law.
Schedule a free initial consultation with a Miami lawyer for domestic violence and injunctions by contacting Hubbs Law online or at (305) 570-4802.