What is violation of an injunction for protection against domestic violence in Florida?

woman domestic violence victim

The crime of Violation of an injunction for protection against domestic violence is a First Degree Misdemeanor that is punishable by up to 1 year in jail.

This offense occurs when a person:

  1. A temporary or final injunction for protection against domestic violence was issued by a court against the person for the benefit of victim.  
  2. The person willfully violated the injunction by violation of § 741.31(4):
    • Refusing to vacate the dwelling that the parties share,
    • Going to, or being within 500 feet of, the petitioner’s residence, school, place of employment, or a specified place frequented regularly by the petitioner and any named family or household member,
    • Committing an act of domestic violence, repeat violence, sexual violence, or dating violence against the Petitioner,
    • Committing any other violation of the injunction through an intentional unlawful threat, word, or act to do violence to the Petitioner.
    • Telephoning, contacting, or otherwise communicating the petitioner directly or indirectly, unless the injunction specifically allows indirect contact through a third party,
    • Knowingly and intentionally coming within 100 feet of the petitioner’s motor vehicle, whether or not that vehicle is occupied,
    • Defacing or destroying the Petitioner’s personal property, including the petitioner’s motor vehicle, or
    • Refusing to surrender firearms or ammunition if ordered to do so by the court. 

“Willfully” means knowingly, intentionally, and purposely.

Some of the defenses to Violation of an injunction for protection against domestic violence:

  • Person did not act willfully.  
  • No knowledge of the injunction.  
  • Act was not intentional but accidental.

References:

Hall v. State: On acting willfully.  

Contact Criminal Defense Attorney Glenn M. Swiatek for a Free Initial Consultation in Destin, Shalimar, Crestview, Ft. Walton Beach and other areas of Northwest Florida

If you have been arrested or believe you will soon be arrested for the offense of violation of an injunction for protection against domestic violence in Destin, Shalimar, Crestview, Ft. Walton Beach or other areas of Northwest Florida please call us today at (850) 609‑0940 or contact us online.

Initial Office Consults are free, and I will make myself available to suit your schedule. Get the peace of mind that an attorney with over twenty-three years of criminal law experience can bring.

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