Violation of an Injunction for Protection in Florida
Violation of an Injunction for Protection is a First Degree Misdemeanor.
Under Florida Statute 741.31(4)(a), 784.047(1)(a), or 784.0487(4)(a) the crime of Violation of an Injunction for Protection is committed when a person willfully violates an injunction for protection against domestic violence, dating violence, repeat violence, sexual violence, or stalking by:
- Committing an act of domestic violence, repeat violence, sexual violence, dating violence, or stalking against the petitioner;
- Committing any other violation of the injunction through an intentional unlawful threat, word, or act to do violence to the petitioner;
- Defacing or destroying the petitioner’s personal property, including the petitioner’s motor vehicle;
- Going within 500 feet of the petitioner’s residence, school, place of employment, or other specified place frequented regularly by the petitioner and any named family or household member;
- Knowingly and intentionally coming within 100 feet of the petitioner’s motor vehicle, whether or not that vehicle is occupied;
- Refusing to surrender firearms or ammunition if ordered to do so by the court.
- Refusing to vacate a dwelling shared by the parties to the injunction; or
- Telephoning, contacting, or otherwise communicating with the petitioner directly or indirectly, unless the injunction specifically allows indirect contact through a third party.
Penalties for Violation of an Injunction for Protection
The crime of Violation of an Injunction for Protection is a First Degree Misdemeanor in Florida and punishable by up to one (1) year in jail, one (1) year of probation, and $1,000 in fines.
A judge may sentence a person convicted of Violation of an Injunction for Protection to probation, but may also impose a sentence up to the statutory maximum of one (1) year in jail.
Defenses to Violation of an Injunction for Protection
In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, specific defenses to the crime of Violation of an Injunction for Protection are:
Unenumerated Violation
It is a defense to the crime of Violation of an Injunction for Protection that the alleged violation is not one of the statutorily enumerated conditions that can be criminally prosecuted for violating.
An example would be if a mental health evaluation was ordered as a condition of an injunction for protection. Failure to obtain the mental health evaluation is not an enumerated violation and could only be sanctioned by filing a motion for contempt in the underlying civil injunction case.
Unintentional Violation
It is a defense to the crime of Violation of Pretrial Release Condition if the alleged violation was unintentionally committed.
Contact Criminal Defense Lawyer Richard Hornsby
If you have been arrested or charged with the crime of Violation of an Injunction for Protection in Central Florida or the greater Orlando area, please contact Orlando Criminal Defense Lawyer Richard Hornsby today.
The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.