What is the penalty for violating a domestic violence injunction in Florida?

This page answers one narrow question: what level of crime an injunction violation is, and what can follow from it. How Mr. Mead defends these accusations, from knowledge of the order to the exact wording of its terms, is on our violation of injunction page. The rules below come from section 741.31 of the Florida Statutes for domestic violence injunctions, with the parallel statutes for the other kinds of injunction noted where they differ.

How does a violation case start, step by step?

1. Arrest on the spot. An officer with probable cause that the person violated an injunction may arrest without a warrant, "over the objection of the petitioner, if necessary" (s. 901.15(6)).
2. Held for a judge. A person arrested for violating a domestic violence injunction is held in custody until brought before the court (s. 741.30(9)(b)).
3. Or an affidavit. When there has been no arrest, the petitioner can go to the Clerk, who helps prepare an affidavit or sends the petitioner to the court's central intake office (s. 741.31(1)).
4. Investigation. The affidavit goes to the State Attorney and the court; if it alleges a crime, police must finish their investigation within 20 days (s. 741.31(2)).
5. The State's choice. Within 30 working days, the State Attorney decides whether to file criminal charges, seek an order to show cause for criminal contempt, do both, or keep the matter open (s. 741.31(2)).
6. Court. The case proceeds as a criminal charge, a contempt proceeding, or both.

What counts as a violation?

Section 741.31(4)(a) lists eight ways to willfully violate a domestic violence injunction or a foreign protection order given full faith and credit in Florida. Each is a first-degree misdemeanor.

Having a firearm or ammunition while a final injunction is in force is a separate first-degree misdemeanor under s. 790.233 (s. 741.31(4)(b)); that rule is explained in whether a Florida injunction means giving up your guns.

When does a violation become a felony?

Under s. 741.31(4)(c), a person "who has one or more prior convictions for a crime of domestic violence or violation of an injunction or foreign protection order, and who subsequently commits a violation of any injunction or foreign protection order against the same victim, commits a felony of the third degree." For this rule, a conviction includes a guilty or no contest plea or a finding of guilt even if adjudication was withheld. A third-degree felony carries up to 5 years in prison and a $5,000 fine (ss. 775.082(3)(e), 775.083(1)(c)), and it moves the case to circuit court.

Notice the difference in the felony trigger: one qualifying prior for a domestic violence injunction, two priors for the other kinds. A pattern of following or messaging after any injunction can also be charged as aggravated stalking, which is ranked at level 7 on the sentencing chart; the elements are explained in what counts as stalking in Florida. How the maximums for each degree compare is in our chart of Florida criminal penalties.

What else can the court order?

• Contempt. The court may enforce a violation through civil or criminal contempt, including a monetary assessment or fine, and the State Attorney may prosecute it as a crime (s. 741.30(9)(a)).
• Batterers' intervention. Whether or not there is a prosecution, the court must order the program if it finds a willful violation, unless it explains in writing why the program is inappropriate (s. 741.31(5)).
• Damages. A person injured by a violation may be awarded economic damages, including costs and attorney's fees for enforcement (s. 741.31(6)).
• A stricter or longer order. Either party may ask the court to modify the injunction (s. 741.30(10)).

How do the local courts handle violations?

In Palm Beach County, the Fifteenth Circuit tells petitioners to call 911 to report a violation, or to file an Injunction Violation Affidavit at any courthouse. In Broward, the Seventeenth Circuit's criminal domestic violence courts hear violation of injunction cases, and its civil division judges hear contempt motions. In Miami-Dade, the Eleventh Circuit's Domestic Violence Division hears violation of injunction cases, and the Public Defender lists violations of injunctions among the offenses that keep a person in jail until first appearance. Where that first appearance takes place is explained in what happens after a domestic violence arrest. The county courts are described on our Palm Beach County page.

What changes the answer?

• Willfulness. The statute punishes a person who "willfully" violates the injunction, so knowledge of the order and its terms matters (s. 741.31(4)(a)).
• Service. A temporary order takes effect for the respondent once served, according to the Fifteenth Circuit; the steps from petition to final order are in what happens at an injunction hearing.
• The order's wording. Some injunctions allow indirect contact through a third party, for example about children (s. 741.31(4)(a)5.).
• Prior record. A prior conviction involving the same victim can make the next violation a felony (s. 741.31(4)(c)). A withheld adjudication counts for this rule, which is one reason a withhold of adjudication is not the same as a clean record.
• The type of injunction. Repeat, dating, sexual violence and stalking injunctions have their own statutes (ss. 784.047, 784.0487).

A worked example

For example, picture a hypothetical respondent under a final domestic violence injunction who, a year earlier, pleaded no contest to misdemeanor battery on the same former partner, with adjudication withheld. He sends her a text on her birthday. Because the earlier plea counts as a conviction for this rule, the State could charge the text as a third-degree felony under s. 741.31(4)(c) rather than a misdemeanor. If he had no prior case involving her, the same text would be a first-degree misdemeanor. In either version, he would be held until first appearance after an arrest. This is an illustration of how the statute is written, not a prediction.

Common mistakes people make

• Answering a call or message from the petitioner; the order restrains the respondent.
• Driving past the petitioner's home or parking near the petitioner's car.
• Asking a friend to deliver a message, when the order does not allow indirect contact.
• Not knowing that an old withheld plea can make a new violation a felony.
• Ignoring a notice of a contempt hearing because no one was arrested.

What to do this week

1. Get a copy of the injunction and read the exact prohibited acts and distances.
2. Stop all contact, direct and indirect, unless the order allows it.
3. Save any messages the petitioner sent you; do not answer them.
4. Write down where you were at the time of the alleged violation, and who can confirm it.
5. Speak with a defense attorney before any hearing or interview.

Frequently asked questions

Is violating an injunction a felony in Florida?

Usually it is a first-degree misdemeanor. It is a third-degree felony with a prior domestic violence or violation conviction and a new violation against the same victim (s. 741.31(4)(c)).

Can I be arrested if the petitioner invited me over?

The arrest statute allows an arrest for an injunction violation "over the objection of the petitioner, if necessary" (s. 901.15(6)). The order binds the respondent until the court changes it, and the prosecutor, not the petitioner, decides whether the case goes forward, as explained in whether the alleged victim can drop the charges.

What if no police were called?

The petitioner can file an affidavit with the Clerk, and the State Attorney decides within 30 working days whether to file charges or seek contempt (s. 741.31(1), (2)).

Does a prior domestic battery case count toward the felony?

Yes, if it involved the same victim. A prior conviction for a crime of domestic violence, including a guilty or no contest plea with adjudication withheld, can make a later violation against that person a felony (s. 741.31(4)(c)); the battery penalties themselves are in what a domestic battery conviction carries.

Do I have to do a batterers' program for a violation?

If the court finds a willful violation, it must order one unless it gives written reasons why it is inappropriate (s. 741.31(5)).

Is aggravated stalking different from an injunction violation?

Yes. Repeatedly following, harassing or cyberstalking someone after an injunction is aggravated stalking, a third-degree felony ranked at level 7 (ss. 784.048(4), 921.0022).

How can Mr. Mead help?

Mr. Mead's practice is devoted entirely to criminal defense, with more than three decades in South Florida courts. Injunction violation cases turn on the exact terms of the order, service and the evidence of what happened, and the prior record can change the degree. Release and bond after the arrest are covered in how bond is set in Florida. The office is in Boca Raton, Spanish and Portuguese are spoken, and you can call 24 hours.

Every case is different, and no result can be promised. If you are accused of violating an injunction, a confidential call to (561) 362-6677 is a sound first step.

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