Tampa Violation of Injunction Attorney
Being accused of or arrested for violating a court injunction in Florida is a serious matter that can lead to severe criminal penalties. A conviction for Violation of Injunction may result in jail time, probation, fines, and a permanent criminal record that can impact your future employment, housing, and reputation. If you have been charged, it is critical to speak with an experienced Tampa violation of injunction attorney as soon as possible. At Hunt Law, we aggressively defend clients accused of violating domestic violence injunctions, repeat violence injunctions, stalking injunctions, and other protective orders throughout the Tampa Bay area.
What is a Violation of Injunction in Florida?
A person who willfully violates an injunction for protection against domestic violence, or a foreign protection order accorded full faith and credit, 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 a specified place frequented regularly by the petitioner and any named family or household member;
(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, unless the injunction specifically allows indirect contact through a third party;
(6) Knowingly and intentionally coming within 100 feet of the petitioner's motor vehicle, whether or not that vehicle is occupied;
(7) Defacing or destroying the petitioner's personal property, including the petitioner's motor vehicle; or
(8) Refusing to surrender firearms or ammunition if ordered to do so by the court,
commits a misdemeanor of the first degree.
Potential Jail Time
Violation of an Injunction is a 1st degree misdemeanor, punishable by up to 1 year in the county jail.
A conviction for Violation of Injunction can result in a fine of up to $1,000.
What Are The Elements Of Violation of Injunction?
To prove the crime of Violation of an Injunction for Protection Against Domestic Violence, the State must prove the following two elements beyond a reasonable doubt:
1. A temporary or final injunction for protection against domestic violence was issued by a court against (defendant) for the benefit of (victim).
2. (Defendant) willfully violated the injunction by (alleged violation* of section 741.31(4)(a)).
“Willfully” means knowingly, intentionally, and purposely.
If the allegation involves the defendant committing an act of domestic violence, define “domestic violence” from § 741.28(2), Fla. Stat.
Give if applicable if the jury finds the defendant guilty of Violation of Domestic Violence Injunction. § 741.31(4)(c), Fla. Stat.
Now that you have found the defendant guilty of Violation of Domestic Violence Injunction, you must further determine whether the State has proven beyond a reasonable doubt that the defendant was previously convicted two times or more of Violation of an Injunction against the same person.
“Conviction” means a determination of guilt that is the result of a plea or a trial, regardless of whether adjudication is withheld or a plea of nolo contendere is entered.
J. Ruffin Hunt
Managing Member, Hunt Law, PLLC.
Attorney J. Ruffin Hunt is a Tampa criminal defense attorney and founder of Hunt Law, a firm focused exclusively on criminal and DUI defense throughout the Tampa Bay area. Born and raised in Tampa, Mr. Hunt earned his degree from the University of Florida before attending Stetson University College of Law. He began his legal career at the Hillsborough County Public Defender’s Office, where he gained extensive courtroom and trial experience handling misdemeanor, felony, and DUI cases. Over the course of his career, he rose to leadership positions within the office, serving as a Division Chief in multiple divisions.
Mr. Hunt has dedicated his entire legal career to criminal defense and understands the serious consequences that criminal charges can carry. He represents clients facing a wide range of charges, including DUI, drug offenses, sex crimes, domestic violence allegations, theft crimes, violent offenses, probation violations, and other serious criminal matters. As a former board member of the Hillsborough County Association of Criminal Defense Lawyers, Mr. Hunt remains committed to protecting the constitutional rights of individuals accused of crimes and providing aggressive, strategic representation for clients throughout Tampa Bay.
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625 E Twiggs Street
Tampa, FL 33602
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