A violation of an injunction in Florida is a first-degree misdemeanor on the first or second offense, carrying up to one year in county jail and a fine of up to $1,000. On a third violation against the same protected person, the charge becomes a third-degree felony punishable by up to five years in state prison and a $5,000 fine.1Justia Law. Florida Code 741.31 – Violation of an Injunction for Protection Against Domestic Violence The same penalty structure applies whether the underlying order is for domestic violence, dating violence, repeat violence, sexual violence, stalking, or protection of a vulnerable adult.
What often surprises respondents is how little it takes to be charged. A single text message, showing up within 500 feet of the protected person’s workplace, or asking a friend to pass along an apology can each be enough to make an arrest.
What Counts as a Violation
The prohibited acts are set out in the statute for each type of injunction, and the lists are nearly identical across categories. The rules below apply regardless of which type of order was entered against you.
Direct Contact
Any communication with the protected person is a violation. Phone calls, text messages, emails, social media messages, and in-person conversations all qualify, and the content does not have to be threatening. A friendly note or a neutral question is still contact, and Florida courts have upheld convictions for conduct as minor as replying to a social media post.1Justia Law. Florida Code 741.31 – Violation of an Injunction for Protection Against Domestic Violence
One rule that catches people out: if the protected person contacts you first, responding is still a violation. The injunction restricts your conduct, not theirs. Document the contact and take it to your attorney or the court rather than replying.
Third-Party Contact
Using another person to relay a message is treated the same as direct contact. That includes asking a friend to pass along information, having a family member deliver a gift, or commenting on a mutual acquaintance’s post in a way designed to reach the protected person. Indirect communication is prohibited unless the injunction specifically permits it through a named third party.1Justia Law. Florida Code 741.31 – Violation of an Injunction for Protection Against Domestic Violence Phone records, text messages, and witness testimony are the usual evidence.
Proximity Violations
Florida injunctions generally prohibit the restrained person from being within 500 feet of the protected person’s home, school, workplace, or other regularly frequented locations, and within 100 feet of their vehicle whether or not it is occupied.1Justia Law. Florida Code 741.31 – Violation of an Injunction for Protection Against Domestic Violence Surveillance footage, GPS data, and witness accounts drive these cases.
The statute requires that the violation be “willful.” The prosecution has to show you deliberately went to the restricted area, not that you specifically intended to break the order. Running into the protected person unexpectedly in a public place and leaving immediately can support a defense. Lingering will not.
Property, Firearms, and the Home
Defacing or destroying the protected person’s property, including their vehicle, is a standalone violation. So is refusing to vacate a shared home when the court has ordered it, and refusing to surrender firearms or ammunition when directed.1Justia Law. Florida Code 741.31 – Violation of an Injunction for Protection Against Domestic Violence Each carries the same first-degree misdemeanor penalty as a contact or proximity violation.
Digital Tracking
Placing a GPS tracker, AirTag, or similar device on the protected person’s vehicle or belongings is treated as a form of stalking. Florida’s injunction statutes do not list “digital tracking” by name, but the conduct falls within the prohibition on stalking or threatening acts. Repeated tracking can push the charge into aggravated stalking, which is a felony.
Criminal Penalties in Detail
Penalties follow a two-tier structure based on your history of violations against the same protected person.
First or Second Violation
A first-time violation of any Florida protective injunction is a first-degree misdemeanor. The maximum penalties are up to one year in county jail and a fine of up to $1,000.2The Florida Legislature. Florida Code 775.082 – Penalties3Florida Senate. Florida Code 775.083 – Fines Judges can also impose up to 12 months of probation with conditions such as electronic monitoring, community service, or mandatory counseling. This penalty applies identically across the injunction categories.
If the violation involves actual physical violence, mandatory minimums stack on top. A person convicted of domestic violence who intentionally caused bodily harm faces a mandatory minimum of 10 days in county jail for a first offense, 15 days for a second, and 20 days for a third. If the violence occurred in front of a child under 16 who is a family member of either party, those minimums rise to 15, 20, and 30 days.4The Florida Legislature. Florida Code 741.283 – Minimum Term of Imprisonment for Domestic Violence
Third and Subsequent Violations
After two or more prior convictions for violating an injunction against the same person, any further violation is a third-degree felony. The maximum climbs to five years in state prison, a $5,000 fine, and five years of probation.1Justia Law. Florida Code 741.31 – Violation of an Injunction for Protection Against Domestic Violence For counting purposes, “conviction” includes guilty pleas, trial verdicts, nolo contendere pleas, and cases where adjudication was withheld. A withheld adjudication still counts toward the two-prior threshold.
Aggravated Stalking
When a violation involves repeated following, harassment, or cyberstalking of someone protected by a Florida injunction, the conduct can be charged as aggravated stalking under a separate statute. Aggravated stalking is a third-degree felony punishable by up to five years in prison regardless of how many prior violations the person has.5Florida Senate. Florida Code 784.048 – Stalking; Definitions; Penalties Even a first violation can produce a felony charge if the underlying conduct rises to stalking, and the same felony classification applies where the conduct includes a credible threat.
Arrest, Bail, and How a Case Starts
Florida law authorizes officers to arrest someone without a warrant when they have probable cause to believe an injunction has been violated. The statute permits the arrest even over the objection of the protected person.6Justia Law. Florida Code 901.15 – When Arrest by Officer Without Warrant Is Lawful If the protected person calls police but tells them they no longer want an arrest, the officer can still take the restrained person into custody.
After arrest, the respondent is typically held until a judge sets bail conditions. Violations involving threats or violence often draw higher bail or no bail at all. If no arrest is made at the scene, the protected person can go to the clerk of the circuit court and prepare an affidavit documenting the violation, which then initiates the court process.7Florida Senate. Florida Code 741.31 – Violation of an Injunction for Protection Against Domestic Violence
Firearm Restrictions
Possessing a firearm or ammunition while subject to a final domestic violence injunction is a separate first-degree misdemeanor under Florida law, independent of any other violation.1Justia Law. Florida Code 741.31 – Violation of an Injunction for Protection Against Domestic Violence Simply keeping a gun in your home while a final DV injunction is active can result in arrest and prosecution, even if you have not contacted or gone near the protected person.
Federal law adds another layer. Under 18 U.S.C. ยง 922(g)(8), it is a federal crime to possess a firearm while subject to a qualifying court order issued after a hearing where you had notice and a chance to participate, that restrains you from threatening or harassing an intimate partner or their child, and that either finds you are a credible threat to their safety or explicitly prohibits the use of physical force against them.8Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts A federal conviction carries up to 10 years in prison. The U.S. Supreme Court upheld this provision in 2024 in United States v. Rahimi.
Enforcement Across State Lines
A Florida injunction does not lose its force at the state line. Under the Violence Against Women Act, every state, tribal government, and U.S. territory must recognize and enforce a valid protection order issued by any other jurisdiction.9Office of the Law Revision Counsel. 18 USC 2265 – Full Faith and Credit Given to Protection Orders The issuing court must have had jurisdiction over the parties, and the restrained person must have received reasonable notice and an opportunity to be heard. Temporary and ex parte orders qualify as long as notice and a hearing follow within a reasonable time.
If you are subject to a Florida injunction and travel to Georgia, Georgia law enforcement can arrest you for violating it. Registration in the new state is not required and cannot be made a condition of enforcement. The reverse also holds: Florida enforces out-of-state orders as though they were its own.
Civil Contempt as a Parallel Track
Separate from criminal prosecution, the protected person can ask the court to hold the respondent in civil contempt. Criminal charges punish what has already happened. Civil contempt pressures the respondent into obeying going forward.
The protected person files a motion and must present clear and convincing evidence that the respondent knowingly violated the order. That is a lower bar than the “beyond a reasonable doubt” standard in a criminal case, but it still requires substantial proof. Electronic communications, witness testimony, and surveillance footage are the typical evidence. If the violation was genuinely unintentional or compliance was impossible, the court may decline to find contempt.
Judges have wide discretion on remedies. Options include monetary sanctions, mandatory counseling, temporary incarceration designed to compel compliance, or tightening the injunction with additional restrictions. A contempt sanction can often be lifted once the respondent demonstrates compliance.
Defenses
The most effective defense in many cases is challenging willfulness. Because the statute requires a willful act, showing that any contact or proximity was genuinely accidental can defeat the charge. Running into the protected person at a grocery store and leaving right away is a much stronger position than lingering or trying to speak with them.
Insufficient evidence is another common defense. If the prosecution cannot produce credible proof beyond the protected person’s own testimony, the case weakens. Phone records placing you elsewhere, timestamped video, or alibi witnesses can undercut proximity claims. In cases built on digital evidence, challenging the authenticity or context of screenshots and messages sometimes exposes gaps.
False allegations do happen. In contentious custody or divorce disputes, some petitioners fabricate or exaggerate violations. If you suspect this, preserve your own records. GPS data from your phone, dashcam footage, receipts, and witness statements can all help disprove a false claim. Your attorney can also subpoena the petitioner’s phone records or social media activity where those contradict the allegations.
Consequences Beyond the Sentence
The penalties written into the statute are only part of what a conviction costs. A conviction for violating an injunction creates a criminal record that appears on standard background checks. For people in state-licensed professions such as healthcare, education, law enforcement, or law, even a misdemeanor conviction can trigger a licensing review or disciplinary action.
When the violation is elevated to a felony, the consequences multiply. A Florida felony conviction results in the loss of voting rights, the right to serve on a jury, and the right to possess firearms, even after the sentence is completed. Restoring those rights requires a separate clemency process. A felony record also creates barriers in employment, housing, and professional licensing that persist long after any jail time is served.
Even at the misdemeanor level, repeated violations signal a pattern to the court. Judges who see a respondent back for a second or third time are far less likely to show leniency on bail, probation terms, or sentencing. The system reads escalating violations as evidence that lighter measures are not working, and it responds accordingly.