Injunction Violations as Crimes

Under Florida law, it is a criminal offense to willfully violate an injunction previously entered by a court pursuant to its statutory authority to protect against domestic violence, repeat violence, sexual violence, dating violence, stalking, and cyberstalking.

Three Types of Criminal Injunction Violations

There are three main types of criminal prosecutions that may be brought for injunction violations:

  1. Domestic injunction violations under  § 741.31(4)(a);
  2. Repeat, sexual, and dating violence injunction violations under § 784.047;
  3. Stalking/cyberstalking injunction violations under § 784.0487(4)(a).

Domestic Injunctions

A domestic injunction is a court order entered for the protection of a ‘family or household member’ from domestic violence or the imminent threat of such violence.   § 741.30, Florida Statutes.

Under § 741.31(4)(a), a person commits a first degree misdemeanor if he or she willfully violates a domestic injunction by:

  1. Refusing to vacate the dwelling that the parties share;
  2. Going to, or being within 500 feet of, the petitioner’s residence, school, place of employment, or other specified place;
  3. Committing an act of domestic 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. Telephoning, contacting, or otherwise communicating with the petitioner directly or indirectly in a manner not authorized by the court;
  6. Knowingly and intentionally coming within 100 feet of the petitioner’s motor vehicle;
  7. Defacing or destroying the petitioner’s personal property; or
  8. Refusing to surrender firearms or ammunition, if ordered to do so by the court.

Penalties for Domestic Violations

As a first degree misdemeanor, domestic injunction violations are punishable by up to 1 year in jail, or 12 months of probation. § 741.31(4)(a)

A domestic injunction violation is a third degree felony, punishable by up to 5 years in prison, where the defendant has two or more prior convictions for violating an injunction.  § 741.31(4)(c).

Repeat, Sexual, and Dating Violence Injunctions

Violations of an injunction against repeat violence, dating violence, and sexual violence are similarly subject to criminal prosecution under § 784.047, Florida Statutes.

Under § 784.047(1)(a)-(h), a person commits a first degree misdemeanor if he or she willfully violates an injunction against dating, sexual, and repeat violence injunction by:

  • 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 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 with 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.

Penalties for Violations Under § 784.047

Violation of an injunction for repeat, dating, or sexual violence is punishable by up to 1 year in jail or 12 months of probation.

The offense is upgraded to a third degree felony, punishable by up to 5 years in prison or 5 years of probation, where the defendant has two or more violation convictions.  § 784.047(2).

Stalking Injunction Violations

A stalking injunction is a court order, entered pursuant § 784.0485, Florida Statutes, which compels or prohibits the conduct of a person who is deemed to have willfully, maliciously, and repeatedly followed, harassed, abused, or cyberstalked another person.

Under § 784.0487(4)(a), a person commits a first degree misdemeanor if he or she willfully violates a stalking injunction by:

  1. 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 members or individuals closely associated with the petitioner;
  2. Committing an act of stalking against the petitioner;
  3. Committing any other violation of the injunction through an intentional unlawful threat, word, or act to do violence to the petitioner;
  4. Telephoning, contacting, or otherwise communicating with the petitioner, directly or indirectly, unless the injunction specifically allows indirect contact through a third party;
  5. Knowingly and intentionally coming within 100 feet of the petitioner’s motor vehicle, whether or not that vehicle is occupied;
  6. Defacing or destroying the petitioner’s personal property, including the petitioner’s motor vehicle; or
  7. Refusing to surrender firearms or ammunition if ordered to do so by the court.

Penalties for Stalking Injunction Violations

The penalty for violating a stalking injunction is up to 1 year in jail, or 12 months of probation.  § 784.0487(4)(a).

The offense is upgraded to a third degree felony, punishable by up to 5 years in prison or 5 years of probation, where the defendant has two or more violation convictions.  § 784.0487(4)(b).

Defenses to Violation of Injunction

There are multiple defenses available to contest a Florida injunction violation charge. The more common defenses include:

Lack of Intent to Violate

To constitute a violation of an injunction in Florida, the prosecution must prove that the defendant willfully violated the injunction. To be “willful,” the defendant’s actions in violating the court’s order (as contained in the injunction) must be done knowingly, intentionally, and purposefully.

Lack of Notice

Notice of an injunction is an essential element of the charge of violating its provisions. Thus, a conviction cannot be sustained and a Motion for Judgment of Acquittal must be granted where the State fails to prove that the defendant was served with the injunction or had some other notice.

  • See: Cordova v. State, 675 So. 2d 632, 634 (Fla. 3d DCA 1996); Robinson v. State, 840 So. 2d 1138, 1139 (Fla. 1st DCA 2003) (reversing trial court’s denial of defendant’s Motion for Judgment of Acquittal where the State failed to establish that the accused knew the permanent injunction had been entered against him, either through proof that the accused had been served with the permanent injunction, or through proof that the accused had some other notice);

Good Faith Mistake

A mistaken belief as to the meaning, effect, or scope of an injunction, if reasonable and well founded, can provide a defense to an injunction violation charge.

Contact an Attorney

If you have been charged with a violation of an injunction, contact the attorneys at Hussein & Webber, PL for a free consultation.