Violation of Injunction
A Violation of Injunction charge carry serious legal consequences. A conviction can result in jail time, probation, fines and a permanent criminal record. If you have been accused of Violating an Injunction, it is important to speak with an experienced criminal defense attorney as soon as possible.
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.
Potential Fine
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.
Call Now For A Free Consultation
Facing a Violation of Injunction charge can be stressful, confusing, and potentially life-changing. A conviction can result in a permanent criminal record. You can also face jail, probation and fines. If you’ve been charged with Violating an Injunction, understanding your rights and legal options is critical. Call now for a free, confidential consultation.
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