What if the person who got the injunction contacts me?

This is one of the most common situations respondents face: a text from the person who got the injunction, a knock on the door, a message through a friend, or an invitation to talk things over. This page explains what Florida law and the courts' own guidance say about it, for respondents. The rest of the respondent's side is on our guide to responding to a restraining order in South Florida.

Why is the rule one-sided?

An injunction for protection restrains the respondent only. The state courts' brochure for respondents says a final injunction "is not a 'two-way' order" and "restricts the behavior of the respondent (you) only." It also says, in capital letters, that you may not have contact even if the other person contacts you first, and you may not have contact even if you are invited. And it puts the consequence plainly: if the other person contacts you, it is not a crime, but if you have contact with the other person, you can be arrested and charged.

Florida law matches that. The violation statutes punish the respondent for "telephoning, contacting, or otherwise communicating with the petitioner directly or indirectly, unless the injunction specifically allows indirect contact through a third party" (ss. 741.31(4)(a)5., 784.047(1)(e), 784.0487(4)(a)4.). There is no exception in the statute for a reply, or for contact the petitioner started.

What should you do when it happens, step by step?

1. Do not answer. Not a text back, not a call, not a "please stop," not a message through a friend.
2. Do not delete it. Keep the message, the call log or a note of the visit with the date and time.
3. Leave if the petitioner appears. Going to or being within 500 feet of the petitioner's residence, school, workplace or a specified place the petitioner frequents is a violation (s. 741.31(4)(a)2.), so the safest course is to put distance between you.
4. Check the order for any exception. Some orders allow limited contact, for example about children through a named third party. Follow it exactly as written.
5. Talk to a lawyer. If contact is happening repeatedly, or you want contact restored, the next step is a decision about a motion, not a conversation with the petitioner.

What counts as contact?

A first violation of a domestic violence injunction is a first-degree misdemeanor, and a third-degree felony after a prior domestic violence or violation conviction involving the same person (s. 741.31(4)). The full ladder for each type is in the penalty for violating an injunction in Florida.

Can the petitioner give permission, or waive the order?

No. The respondent brochure says only the judge can change the order and that the other person cannot decide to change or dismiss it alone. Police can arrest for a violation "over the objection of the petitioner, if necessary" (s. 901.15(6)), and the decision to prosecute belongs to the State Attorney, who reviews violation affidavits and decides within 30 working days whether to file charges (s. 741.31(2)). A petitioner who later tells the prosecutor the contact was welcome does not by itself end the case, because the State makes that decision. Why the alleged victim does not control a criminal case is explained in whether the alleged victim can drop domestic violence charges.

Before a final injunction is entered, the Fifteenth Judicial Circuit in Palm Beach County says a petitioner may voluntarily dismiss the petition, and that a petition is dismissed if the petitioner does not appear for the final hearing. Until the court actually dismisses it, the temporary order binds you.

If both of you want contact, what is the lawful way?

A motion. "The petitioner or the respondent may move the court to modify or dissolve an injunction at any time" (s. 741.30(10); ss. 784.046(10), 784.0485(10)), and the domestic violence and stalking statutes say no specific allegations are required (ss. 741.30(6)(c), 784.0485(6)(b)). Under Rule 12.610 of the Family Law Rules, the motion must be served on the other side in a way the rule allows. The judge then decides after a hearing. The Seventeenth Circuit in Broward says its domestic violence judges hear motions to modify or dismiss, which can be filed in Room 2140 of the main courthouse or through the e-filing portal; local courts are described on our Broward County page. The whole process is covered in how long a Florida injunction lasts, and how it can be changed.

Does a criminal no-contact order add anything?

Yes, if there was also an arrest. A no-contact condition of pretrial release bars communication with the alleged victim directly or through a third person, and being within 500 feet of the victim's residence, even a shared one (s. 903.047(1)(b)). It lasts for the length of pretrial release or until the criminal court modifies it, so a change to the civil injunction does not lift it. Willfully violating a release condition after a domestic violence arrest is a separate first-degree misdemeanor, and the person is held until first appearance again (s. 741.29(7)). Bond conditions are explained in how bond works in Florida.

What changes the answer?

• The order's own terms. Indirect contact through a third party is allowed only if the injunction says so (s. 741.31(4)(a)5.).
• Children. An order may set exchanges at a neutral safe location (s. 741.30(5)(a)3.); see children and time-sharing under an injunction.
• Prior convictions. They decide whether a new violation is a misdemeanor or a felony (ss. 741.31(4)(c), 784.047(2), 784.0487(4)(b)).
• A pattern. Repeated contact can become aggravated stalking (s. 784.048(4)), covered in what counts as stalking in Florida.
• A bond condition. It applies separately from the injunction (s. 903.047(1)(b)).

A worked example

For example, picture a hypothetical respondent in Delray Beach under a final domestic violence injunction. Three months in, his former partner texts that she misses him and asks him to come by for dinner. He feels the invitation makes it safe. It does not: going to her home would put him within 500 feet of her residence, and texting back would be contact the order forbids. He saves the text, does not reply, and asks a lawyer whether a motion to modify makes sense. If the two of them want contact, both can say so to the judge at a hearing on that motion, and the order changes only if the judge changes it. The example is invented and does not predict any outcome.

Common mistakes

• Replying "stop texting me," which is itself contact.
• Meeting in public on the theory that the order only covers the petitioner's home.
• Moving back in because the petitioner asked.
• Relaying messages through the children or friends.
• Deleting the petitioner's messages, which can be the clearest record of who reached out.
• Assuming that a pending motion to dissolve already allows contact.

What to do this week

1. Reread every contact and stay-away term in your order.
2. Save every message and call from the petitioner, with dates.
3. Tell friends and relatives not to carry messages either way.
4. Mute or block channels if that helps you avoid replying, without deleting the history.
5. If there is a criminal case, read your release conditions too.
6. Speak with a lawyer about whether a motion to modify is the right step.

Frequently asked questions

Is it a crime for the petitioner to contact me?

Not under the injunction. The respondent brochure says that if the other person contacts you, it is not a crime; the order restricts only the respondent.

Can I be arrested if the petitioner called the police after inviting me?

Yes. Officers may arrest on probable cause of a violation, over the petitioner's objection if necessary (s. 901.15(6)).

What if the petitioner shows up where I am?

The violation list is written around the respondent's own acts, such as going to or being within 500 feet of the petitioner's home, school or workplace (s. 741.31(4)(a)2.). Leaving, and not engaging, avoids adding contact of your own.

Can my lawyer contact the petitioner?

The pretrial release statute says a criminal no-contact order does not stop a defendant's attorney from communicating with the protected person for lawful purposes, consistent with the Florida Bar's rules (s. 903.047(1)(b)1.).

Should I report the petitioner's messages to the court?

They can matter at a hearing on a motion to modify or dissolve, or in defending a violation charge. Keep them and discuss with your lawyer how to use them.

Does a temporary injunction work the same way?

Yes. Its terms bind you from service until the hearing, and the violation statute covers injunctions issued under s. 741.30 without distinguishing temporary orders (s. 741.31(4)(a)).

How can Mr. Mead help?

Mr. Mead has more than three decades of criminal defense in South Florida. When the person who got the order keeps reaching out, he can review the order and the messages with you, explain the risks, and discuss whether a motion to modify makes sense. If contact has already led to an arrest, the defense is covered on our page about being accused of violating an injunction. Every case is different, and no result can be promised. The consultation is free, and you can call 24 hours at (561) 362-6677.

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