Florida criminal charge
Violation of an injunction for protection against domestic violence in Florida
Violation of an injunction for protection against domestic violence is a criminal offense under Florida law, defined by Fla. Stat. § 741.31. Its classification is not fixed: Florida assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Fla. Stat. § 741.31.
What is the penalty for violation of an injunction for protection against domestic violence in Florida?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 1 year (Violation of domestic violence injunction — general prohibited acts — A person willfully violates an injunction for protection against domestic violence (or qualifying foreign protection order) by committing any of the enumerated acts, such as refusing to vacate a shared dwelling, approaching the petitioner's residence/school/workplace within 500 feet, committing domestic violence, threatening violence, contacting the petitioner in violation of the order, coming within 100 feet of the petitioner's vehicle, defacing/destroying property, or refusing to surrender firearms/ammunition when ordered, unless the enhanced penalty under paragraph (c) applies.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $1,000 (Violation of domestic violence injunction — general prohibited acts — A person willfully violates an injunction for protection against domestic violence (or qualifying foreign protection order) by committing any of the enumerated acts, such as refusing to vacate a shared dwelling, approaching the petitioner's residence/school/workplace within 500 feet, committing domestic violence, threatening violence, contacting the petitioner in violation of the order, coming within 100 feet of the petitioner's vehicle, defacing/destroying property, or refusing to surrender firearms/ammunition when ordered, unless the enhanced penalty under paragraph (c) applies.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 1 year (Violation of injunction by possessing firearm or ammunition — A person subject to a final injunction for protection against domestic violence has in his or her care, custody, possession, or control any firearm or ammunition, in violation of s. 790.233.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $1,000 (Violation of injunction by possessing firearm or ammunition — A person subject to a final injunction for protection against domestic violence has in his or her care, custody, possession, or control any firearm or ammunition, in violation of s. 790.233.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 5 years (Repeat violation of injunction against same victim — A person who has two or more prior convictions for violating an injunction or foreign protection order subsequently commits another violation of any injunction or foreign protection order against the same victim.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Repeat violation of injunction against same victim — A person who has two or more prior convictions for violating an injunction or foreign protection order subsequently commits another violation of any injunction or foreign protection order against the same victim.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
Applies to current (2025 Florida Statutes).
How is violation of an injunction for protection against domestic violence classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Violation of domestic violence injunction — general prohibited acts | Misdemeanor of the First Degree | A person willfully violates an injunction for protection against domestic violence (or qualifying foreign protection order) by committing any of the enumerated acts, such as refusing to vacate a shared dwelling, approaching the petitioner's residence/school/workplace within 500 feet, committing domestic violence, threatening violence, contacting the petitioner in violation of the order, coming within 100 feet of the petitioner's vehicle, defacing/destroying property, or refusing to surrender firearms/ammunition when ordered, unless the enhanced penalty under paragraph (c) applies. | Fla. Stat. § 741.31(4)(a) |
| Violation of injunction by possessing firearm or ammunition | Misdemeanor of the First Degree | A person subject to a final injunction for protection against domestic violence has in his or her care, custody, possession, or control any firearm or ammunition, in violation of s. 790.233. | Fla. Stat. § 741.31(4)(b)1. |
| Repeat violation of injunction against same victim | Felony of the Third Degree | A person who has two or more prior convictions for violating an injunction or foreign protection order subsequently commits another violation of any injunction or foreign protection order against the same victim. | Fla. Stat. § 741.31(4)(c) |
Common questions about violation of an injunction for protection against domestic violence in Florida
Is violation of an injunction for protection against domestic violence a felony or a misdemeanor in Florida?
It depends on the circumstances: violation of an injunction for protection against domestic violence ranges from a Misdemeanor of the First Degree to a Felony of the Third Degree in Florida under Fla. Stat. § 741.31.
Violation of domestic violence injunction — general prohibited acts: Misdemeanor of the First Degree (Fla. Stat. § 741.31(4)(a)) · Violation of injunction by possessing firearm or ammunition: Misdemeanor of the First Degree (Fla. Stat. § 741.31(4)(b)1.) · Repeat violation of injunction against same victim: Felony of the Third Degree (Fla. Stat. § 741.31(4)(c))
What are the penalties for violation of an injunction for protection against domestic violence in Florida?
Penalties for violation of an injunction for protection against domestic violence in Florida depend on how it is classified — from a Misdemeanor of the First Degree up to a Felony of the Third Degree — with the ranges set by Fla. Stat. § 775.082; the full table of ranges by variant is published on this page.
Which Florida statute covers violation of an injunction for protection against domestic violence?
Violation of an injunction for protection against domestic violence is governed by Fla. Stat. § 741.31 (Violation of an injunction for protection against domestic violence).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.