Violation of Injunction in Florida
Florida Statute §741.31 / §784.047 | Classification: First-Degree Misdemeanor (repeat violations: Third-Degree Felony)
What Is This Charge?
Violating a court-issued injunction for protection is a criminal offense in Florida. Injunctions may be issued for domestic violence, repeat violence, dating violence, sexual violence, or stalking. A violation can include direct or indirect contact, being near the protected person, or entering prohibited locations.
Penalties & Fines
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First violation: First-Degree Misdemeanor — up to 1 year jail, $1,000 fine
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Second or subsequent violation: Third-Degree Felony — up to 5 years, $5,000 fine
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Mandatory arrest upon probable cause — no civil citation alternative
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Bond may be denied or set at a high amount
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Violation may be grounds to modify, extend, or make the injunction permanent
Additional Consequences
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Permanent criminal record
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Loss of firearm rights under federal law (Lautenberg Amendment)
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Immigration consequences for non-citizens
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Impact on divorce, custody, and family court proceedings
Possible Defenses
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The injunction was not properly served — you did not have legal notice of its terms
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The alleged contact did not occur or was initiated by the protected party
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The contact was not prohibited by the specific terms of the injunction
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The injunction itself was improperly issued and should be challenged in civil court
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Text messages or communications were mischaracterized
Why You Need a Defense Attorney
Injunction violations carry mandatory arrest and can result in felony charges on repeat offenses. Courts take these violations seriously even when they involve minimal or indirect contact. An attorney can challenge both the underlying facts and the legal validity of the injunction itself.
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