What is Violation of An Injunction for Protection Against Repeat Violence, Sexual Violence, or Dating Violence in Florida?

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The crime of Violation of an injunction for protection against repeat violence sexual violence, or dating violence is a First Degree Misdemeanor that is punishable by up to 1 year in jail and a $1,000 fine.

This offense occurs when a person:

  1. A temporary or final injunction for protection against repeat violence, sexual violence, or dating violence was issued by a court against the person for the benefit of victim. 
  2. The person willfully violated the injunction by violation of § 784.047:
    1. Being within 100 feet of the petitioner’s car regardless of if it is occupied or not;
    2. Being within 500 feet of the petitioner’s home, school, workplace, or other place that the protected person, their family, or their household member goes;
    3. Committing an act of repeat violence, sexual violence, or dating violence against the petitioner;
    4. Committing any other violation of the injunction through an intentional unlawful threat, word, or act to do violence to the petitioner;
    5. Refusing to leave the home that the parties share;
    6. Refusing to surrender guns and ammo (if ordered by the court);
    7. Telephoning, contacting, or otherwise communicating with the petitioner directly or indirectly, unless the injunction allows indirect contact through a third party; or
    8. Vandalizing or destroying the protected person’s property, car included.

“Willfully” means knowingly, intentionally, and purposely.

Some of the defenses to Violation of an injunction for protection against repeat violence, sexual violence, or dating violence:

  • Person did not act willfully. 
  • No knowledge of the injunction. 
  • Did not violate injunction in the way proscribed by § 784.047.

References:

D. R. v. State: On in the way proscribed by § 784.047.

Contact Criminal Defense Attorney Glenn M. Swiatek for a Free Initial Consultation

If you have been arrested or believe you will soon be arrested for the offense of Violation of An Injunction for Protection Against Repeat Violence, Sexual Violence, or Dating 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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