Violation of D.V. Injunctions

Violation of a Domestic Violence Injunction in Florida

More and more frequently, individuals are being arrested, prosecuted, and convicted for the crime of Violation of a Domestic Violence Injunction in Orange, Seminole, and Volusia Counties. Although a domestic violence injunction is a civil matter, an alleged violation—whether of a temporary or permanent injunction—can result in criminal charges.

Often, individuals consent to an injunction (restraining order) or waive their right to have an attorney present at the hearing without fully understanding the consequences. If a temporary injunction becomes permanent, the respondent (the person the injunction is against) may face serious restrictions. These consequences can be serious. You may lose custody or contact with your children. You might have to pay temporary child support. The court can also take away your right to possess a firearm. If you violate the injunction, you could face criminal charges. You must also avoid all contact with the petitioner.

Sometimes, alleged victims may use the criminal justice system as a tool to harass the accused or gain leverage in a pending child custody or divorce case. In Florida, any form of contact can constitute a violation, including text messages or contact through social media platforms like Facebook.

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Understanding Florida Statute 741.31

Florida Statute 741.31 outlines the process and consequences for violating a domestic violence injunction. The law allows petitioners to report violations directly to the clerk of the court, who will assist in preparing an affidavit. The officer forwards this affidavit to the state attorney, who then decides whether to file criminal charges or pursue contempt proceedings.

The statute states that willful violations may include:

• Refusing to vacate a shared home

• Coming within 500 feet of the petitioner’s residence, workplace, or school

• Making direct or indirect contact, including texts or calls

• Committing acts of domestic violence or threats

• Defacing or destroying the petitioner’s personal property

• Failing to surrender firearms if ordered to do so

Prosecutors may charge each of these as a first-degree misdemeanor.

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Your Defense Matters

As with most criminal charges, the State must prove that the violation was willful and intentional. Without clear evidence of intent, the case should not go forward.

An experienced domestic violence attorney can examine your case, help protect your rights, and build a strong defense.

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Call for Help Today

If you have been charged with violating a domestic violence injunction in Sanford, Orlando, or surrounding areas, contact The Law Office of Ryan Yadav
24 hours a day for a free consultation. We are here to defend you and help you move forward.