Violating a restraining order in Florida is a first-degree misdemeanor punishable by up to a year in county jail and a $1,000 fine, and a third violation against the same person is charged as a third-degree felony carrying up to five years in state prison. Florida’s courts call these orders injunctions for protection rather than restraining orders, but the terminology does not change the stakes. On top of the criminal charge, a violation can trigger separate federal firearm charges, reshape a custody arrangement, and leave a permanent mark on your record.
What Counts as a Violation
Section 741.31 of the Florida Statutes lists the specific acts that break a domestic violence injunction, and Section 784.047 mirrors those provisions for dating violence, repeat violence, and sexual violence injunctions. A violation happens when the respondent willfully does any of the following:
- Refuses to leave a home the court has given the petitioner exclusive possession of.
- Comes within 500 feet of the petitioner’s home, school, workplace, or any other location listed in the order.
- Commits an act of violence against the petitioner.
- Makes threats or engages in intentional conduct meant to intimidate the petitioner.
- Contacts the petitioner directly or indirectly, including through a third party, unless the order specifically allows it.
- Comes within 100 feet of the petitioner’s vehicle, occupied or not.
- Damages or destroys the petitioner’s property, including their car.
- Refuses to surrender firearms or ammunition when ordered to do so.
The word “willfully” matters. Prosecutors must prove beyond a reasonable doubt that you chose to do the prohibited act. Bumping into the petitioner in a grocery store you had no reason to expect them at is not the same as driving to their workplace.
The indirect-contact rule catches many respondents off guard. Asking a friend to pass along a message, having a relative relay information, or posting something on social media aimed at the petitioner can all count. If the injunction forbids contact, it means every form of contact unless the order spells out an exception.
Penalties for a First Violation
A first violation of any Florida protective injunction is a first-degree misdemeanor. The maximum sentence is one year in county jail and a fine of up to $1,000.1Justia Law. Florida Statutes 741.31 – Violation of an Injunction for Protection Against Domestic Violence The same penalty structure applies to dating violence, repeat violence, and sexual violence injunctions.2Justia Law. Florida Statutes 784.047 – Penalties for Violating Protective Injunction Against Violators
Judges have significant discretion within those limits. A respondent who sent one unwanted text message usually faces a lighter sentence than one who showed up at the petitioner’s home and made threats. Courts can also impose probation, community service, mandatory counseling, or anger management as sentencing conditions. A conviction stays on your criminal record and shows up on background checks for jobs, housing, and professional licenses.
When a Violation Becomes a Felony
Penalties escalate sharply for repeat offenders. Two or more prior convictions for violating any injunction or foreign protection order, followed by another violation against the same victim, bumps the charge up to a third-degree felony.1Justia Law. Florida Statutes 741.31 – Violation of an Injunction for Protection Against Domestic Violence A third-degree felony carries up to five years in state prison. For this escalation, a “conviction” includes guilty pleas, no-contest pleas, and cases where the judge withheld adjudication.
There is also a second route to a felony. Anyone subject to a protective injunction who repeatedly follows, harasses, or cyberstalks the protected person can be charged with aggravated stalking, a separate third-degree felony.3Florida Senate. Florida Statutes 784.048 – Stalking Definitions Penalties This charge can apply on a first violation if the conduct involves a pattern of harassment rather than one isolated incident. Prosecutors do not have to wait for a third violation when the facts support aggravated stalking.
Firearm Consequences
Firearm prohibitions are one of the heaviest consequences, and they operate at both the state and federal level at the same time.
Florida Law
Under Florida law, anyone subject to a final injunction for domestic violence or stalking cannot possess any firearm or ammunition. Violating this prohibition is itself a first-degree misdemeanor, separate from and in addition to any other violation charge.4Florida Senate. Florida Statutes 790.233 – Possession of Firearm or Ammunition by Person Subject to an Injunction Courts routinely order respondents to surrender firearms as part of the injunction, and refusing is one of the listed violation acts under both Section 741.31 and Section 784.047.
Federal Law
Federal law stacks a far heavier penalty on top. Under 18 U.S.C. ยง 922(g)(8), it is a federal crime to possess a firearm or ammunition while subject to a qualifying protective order. The order qualifies if the respondent received notice and an opportunity to be heard, the order restrains them from threatening or harassing an intimate partner or child, and the order either includes a finding of credible threat or explicitly prohibits the use of physical force.5Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts Most final domestic violence injunctions in Florida meet all three criteria.
The federal penalty is up to 15 years in federal prison.6Office of the Law Revision Counsel. 18 US Code 924 – Penalties This is not a theoretical risk. Federal prosecutors do bring these cases, and a respondent who keeps a hunting rifle in a closet while under a domestic violence injunction faces real federal exposure.
Impact on Custody and Parenting Time
A violation can reshape a custody case. Florida courts decide parenting and time-sharing on the best interests of the child, and evidence of domestic violence is one of the specific factors they weigh.7Florida Senate. Florida Statutes 61.13 – Support of Children Parenting and Time-Sharing Powers of Court A proven injunction violation is exactly the kind of evidence that moves that analysis.
When the court finds that shared parental responsibility would be detrimental to the child, it can award sole parental responsibility to the other parent. The statute directs courts to weigh whether either parent has reasonable cause to believe they or the child are in imminent danger of domestic violence.7Florida Senate. Florida Statutes 61.13 – Support of Children Parenting and Time-Sharing Powers of Court The practical result is often reduced time-sharing, supervised visitation, exchanges at a neutral location, or a requirement that the respondent complete counseling before resuming contact.
How a Violation Gets Reported and Charged
The process depends on whether an arrest has already happened. If no arrest occurred, the petitioner can go to the clerk of the circuit court in the county where the violation allegedly took place, and the clerk helps prepare a sworn affidavit describing what happened.1Justia Law. Florida Statutes 741.31 – Violation of an Injunction for Protection Against Domestic Violence
From there the affidavit goes to the state attorney and, if it alleges a crime, to law enforcement for investigation. Police have 20 days to complete the investigation and send the report to the state attorney. The state attorney then has 30 working days to decide whether to file criminal charges, seek a contempt order, or report that the case is still under investigation.1Justia Law. Florida Statutes 741.31 – Violation of an Injunction for Protection Against Domestic Violence If the court believes the petitioner or children are in immediate danger while that decision is pending, the judge can order a contempt hearing right away.
Defenses to a Violation Charge
A charge is not a conviction. Several defenses come up regularly, and which one fits depends on the facts.
The Contact Was Not Willful
Because the statute requires a willful violation, showing the contact was accidental or unintentional can defeat the charge. Running into the petitioner at a public event you had no reason to expect them at is different from driving to their workplace. This defense also applies when a respondent genuinely did not understand the scope of the order, for example believing the no-contact rule did not cover social media or communication through the children. Ambiguous wording in the injunction strengthens the argument.
You Were Never Served
A respondent who was never properly served with the injunction has a strong defense. Florida requires that the temporary injunction be served on the respondent, usually by the sheriff.8Florida Courts. Overview for Petitioners – Domestic and Interpersonal Violence If service never happened or was defective, you cannot willfully violate an order you did not know existed.
Procedural Defects in the Order
If the injunction was issued without proper procedure, such as denying the respondent notice and an opportunity to be heard before a final order, the defense can challenge the validity of the order itself. The petition must be sworn before a notary or court clerk, the respondent must be served, and the respondent must get notice of any hearing.8Florida Courts. Overview for Petitioners – Domestic and Interpersonal Violence Missing any of these steps can give the defense grounds to argue the order should not have been in effect.
The Order Had Expired or Been Vacated
Injunctions have expiration dates, and courts sometimes vacate them early. If the order had already lapsed or been dissolved when the alleged violation happened, no violation occurred. This comes up more often than you might expect when a temporary injunction expires before a final hearing takes place.
The Allegations Are False or Exaggerated
In contentious divorces and custody disputes, false allegations do happen. The defense can present evidence that contradicts the petitioner’s account: phone records showing no calls were made, GPS data placing the respondent elsewhere, surveillance footage, or witness testimony. When the petitioner’s credibility is weak or the motive looks retaliatory, this evidence can be decisive.
What to Do If You Are Accused
Stop all contact with the petitioner immediately, even if you believe the accusation is false, and especially if you suspect the petitioner is trying to provoke a response. A second alleged violation while the first is still being investigated makes every part of your situation worse.
Get a criminal defense attorney before you make any statement to law enforcement. Anything you say can be used against you. An attorney who works with Florida’s injunction statutes can evaluate whether the alleged conduct is actually a violation, whether the order was properly served, and which defenses fit your facts.
Start preserving evidence now. Save text messages, emails, call logs, and anything that shows you complied with the order. If you were somewhere other than where the petitioner claims, gather proof of your location: receipts, GPS data, security camera footage, or witnesses. Write out a detailed timeline of your actions on the day in question while the details are fresh. This is the raw material your defense will be built from, and it gets harder to reconstruct the longer you wait.