Florida Statute 741.31 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLIII
DOMESTIC RELATIONS

Chapter 741
MARRIAGE; DOMESTIC VIOLENCE

View Entire Chapter

F.S. 741.31

741.31 Violation of an injunction for protection against domestic violence.—

(1) In the event of a violation of the injunction for protection against domestic violence when there has not been an arrest, the petitioner may contact the clerk of the circuit court of the county in which the violation is alleged to have occurred. The clerk shall either assist the petitioner in the preparation of an affidavit in support of the violation or direct the petitioner to the office operated by the court within the circuit that has been designated by the chief judge of that circuit as the central intake point for injunction violations and where the petitioner can receive assistance in the preparation of the affidavit in support of the violation.

(2) The affidavit shall be immediately forwarded by the office assisting the petitioner to the state attorney of that circuit and to such court or judge as the chief judge of that circuit determines to be the recipient of affidavits of violation. If the affidavit alleges a crime has been committed, the office assisting the petitioner shall also forward a copy of the petitioner’s affidavit to the appropriate law enforcement agency for investigation. No later than 20 days after receiving the initial report, the local law enforcement agency shall complete their investigation and forward the report to the state attorney. The policy adopted by the state attorney in each circuit under s. 741.2901(2), shall include a policy regarding intake of alleged violations of injunctions for protection against domestic violence under this section. The intake shall be supervised by a prosecutor who, pursuant to s. 741.2901(1), has been designated and assigned to handle domestic violence cases. The state attorney shall determine within 30 working days whether its office will proceed to file criminal charges, or prepare a motion for an order to show cause as to why the respondent should not be held in criminal contempt, or prepare both as alternative findings, or file notice that the case remains under investigation or is pending subject to some other action.

(3) If the court has knowledge, based on its familiarity with the case, that the petitioner, the children of the petitioner, or another person is in immediate danger if the court fails to act prior to the decision of the state attorney to prosecute, it should immediately issue an order of appointment of the state attorney to file a motion for an order to show cause as to why the respondent should not be held in contempt. If the court does not issue an order of appointment of the state attorney, it shall immediately notify the state attorney that the court is proceeding to enforce the violation through criminal contempt.

(4)(a) A person who willfully violates an injunction for protection against domestic violence issued pursuant to s. 741.30, or a foreign protection order accorded full faith and credit pursuant to s. 741.315, by:

1. Refusing to vacate the dwelling that the parties share;

2. Going to, or being within 500 feet of, the petitioner’s residence, school, place of employment, or a specified place frequented regularly by the petitioner and any named family or household member;

3. Committing an act of domestic violence against the petitioner;

4. Committing any other violation of the injunction through an intentional unlawful threat, word, or act to do violence to the petitioner;

5. Telephoning, contacting, or otherwise communicating with the petitioner directly or indirectly, unless the injunction specifically allows indirect contact through a third party;

6. Knowingly and intentionally coming within 100 feet of the petitioner’s motor vehicle, whether or not that vehicle is occupied;

7. Defacing or destroying the petitioner’s personal property, including the petitioner’s motor vehicle; or

8. Refusing to surrender firearms or ammunition if ordered to do so by the court

commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, except as provided in paragraph (c).

(b)1. It is a violation of s. 790.233, and a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, for a person to violate a final injunction for protection against domestic violence by having in his or her care, custody, possession, or control any firearm or ammunition.

2. It is the intent of the Legislature that the disabilities regarding possession of firearms and ammunition are consistent with federal law. Accordingly, this paragraph shall not apply to a state or local officer as defined in s. 943.10(14), holding an active certification, who receives or possesses a firearm or ammunition for use in performing official duties on behalf of the officer’s employing agency, unless otherwise prohibited by the employing agency.

(c) A person who has two or more prior convictions for violation of an injunction or foreign protection order, and who subsequently commits a violation of any injunction or foreign protection order against the same victim, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083 or s. 775.084. For purposes of this paragraph, the term “conviction” means a determination of guilt which is the result of a plea or a trial, regardless of whether adjudication is withheld or a plea of nolo contendere is entered.

(5) Whether or not there is a criminal prosecution under subsection (4), the court shall order the respondent to attend a batterers’ intervention program if it finds a willful violation of a domestic violence injunction, unless the court makes written factual findings in its judgment or order which are based on substantial evidence, stating why a batterers’ intervention program would be inappropriate.

(6) Any person who suffers an injury and/or loss as a result of a violation of an injunction for protection against domestic violence may be awarded economic damages for that injury and/or loss by the court issuing the injunction. Damages includes costs and attorneys’ fees for enforcement of the injunction.

History.—s. 2, ch. 86-264; s. 169, ch. 91-224; s. 6, ch. 94-134; s. 6, ch. 94-135; s. 8, ch. 95-182; s. 36, ch. 95-184; s. 6, ch. 95-195; s. 4, ch. 96-392; s. 19, ch. 96-402; s. 6, ch. 97-155; s. 3, ch. 98-284; s. 73, ch. 99-5; s. 14, ch. 2002-55; s. 1, ch. 2016-187.

F.S. 741.31 on Google Scholar

F.S. 741.31 on Casetext

Amendments to 741.31

Arrestable Offenses / Crimes under Fla. Stat. 741.31

Level: Degree
Misdemeanor/Felony: First/Second/Third

S741.31 4a - CONTEMPT OF COURT - VIOL INJUNCTION PROTECTION DOMESTIC VIOLENCE - M: F

S741.31 4b - CONTEMPT OF COURT - VIOL INJUNCT DOMEST VIOL POSS FIREARM/AMMO - M: F

S741.31 4c - CONTEMPT OF COURT - VIOL INJUN PROTECTION 2 OR MORE PRIOR CONVICT - F: T

Annotations, Discussions, Cases:

Cases Citing Statute 741.31

Total Results: 20

Thomas Van Lent v. the Everglades Foundation, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2024-10-30T00:00:00-07:00

Snippet: prosecute it as a criminal violation under s. 741.31.”). Thus, the court declined to invalidate the

Eleazar Neri Aviles v. The State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-02-28T00:00:00-08:00

Snippet: domestic violence injunction pursuant to section 741.31(4)(a), Florida Statutes (2023). The issue before

LILIANA FRANCISCA VANEGAS v. THE STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2023-04-26T00:53:00-07:00

Snippet: domestic violence injunction, in violation of section 741.31(4)(a), Florida Statutes (2022). The Department

In Re: Amendments to the Florida Supreme Court Approved Family Law Forms – 12.980(a)-(d)

Court: Fla. | Date Filed: 2021-06-17T00:53:00-07:00

Snippet: which constitutes a criminal act under section 741.31, Florida Statutes. 3. THIS IS A “CUSTODY… which constitutes a criminal act under section 741.31, Florida Statutes. 3. THIS INJUNCTION… which constitutes a criminal act under section 741.31, Florida Statutes. When inconsistent with … which constitutes a criminal act under section 741.31, Florida Statutes. When inconsistent with

In Re: Standard Jury Instructions in Criminal Cases - Report 2019-08

Court: Fla. | Date Filed: 2020-01-15T23:53:00-08:00

Snippet: Violation of injunction for 741.31(4) 8.168 protection against domestic… 5.1 Violation of injunction 741.31(4) 8.18 for protection against… Violation of injunction 741.31(4) 8.18 for protection

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-07.

Court: Fla. | Date Filed: 2018-12-13T00:00:00-08:00

Citation: 259 So. 3d 743

Snippet: 8.6 Attempt 777.04(1) 5.1 Violation of injunction 741.31(4) 8.18 for protection against domestic violence

In Re: Standard Jury Instructions in Criminal Cases—report 2016-04

Court: Fla. | Date Filed: 2016-12-08T00:00:00-08:00

Citation: 206 So. 3d 14

Snippet: PROTECTION AGAINST DOMESTIC VIOLENCEINJUNCT-IQN § 741.31(4)(a), Fla. Stat. To prove the crime of Violation…the injunction by (alleged violation of section 741.31(4)(a)). Definition. “Willfully” means

Hall v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-01-06T00:00:00-08:00

Citation: 181 So. 3d 581, 2016 Fla. App. LEXIS 175, 2016 WL 67294

Snippet: protection against domestic violence under section 741.31(4)(a)(3), Florida Statutes (2013). We affirm in…acted “willfully” in violating the injunction. § 741.31(4)(a)(3). In this context, “willfully” means “knowingly

In Re: Amendments to the Florida Supreme Court Approved Family Law Forms

Court: Fla. | Date Filed: 2015-03-26T00:53:00-07:00

Snippet: which constitutes a criminal act under section 741.31, Florida Statutes. 3. THIS INJUNCTION… which constitutes a criminal act under section 741.31, Florida Statutes. 3. THIS INJUNCTION IS … which constitutes a criminal act under section 741.31, Florida Statutes. When inconsistent with … which constitutes a criminal act under section 741.31, Florida Statutes. When inconsistent with this

In re Standard Jury Instructions in Criminal Cases-Report No. 2012-05

Court: Fla. | Date Filed: 2013-12-05T00:00:00-08:00

Citation: 131 So. 3d 755, 2013 WL 6305187

Snippet: injunction for protection against domestic violence 741.31(4) 8.16 Violation of injunction for protection …injunction for protection against domestic violence 741.31(4) 8.18 Violation of injunction for protection

Sc v. Ad

Court: Fla. Dist. Ct. App. | Date Filed: 2011-07-15T00:53:00-07:00

Citation: 67 So. 3d 346

Snippet: violence injunction is a first-degree misdemeanor. § 741.31(4)(a). 2D10-953 District Court of Appeal

S.C. v. A.D.

Court: Fla. Dist. Ct. App. | Date Filed: 2011-07-15T00:00:00-07:00

Citation: 67 So. 3d 346

Snippet: violence injunction is a first-degree misdemeanor. § 741.31(4)(a). No. 2D10-953 District Court of

In re Amendments to the Florida Supreme Court Approved Family Law Forms

Court: Fla. | Date Filed: 2010-12-16T00:00:00-08:00

Citation: 59 So. 3d 792, 35 Fla. L. Weekly Supp. 734, 2010 Fla. LEXIS 2116, 2010 WL 5129227

Snippet: which constitutes a criminal act under section 741.31, Florida Statutes. When inconsistent with this

In Re Amend. to the Fla. Family Law Forms

Court: Fla. | Date Filed: 2010-12-15T23:53:00-08:00

Citation: 59 So. 3d 792

Amendments to Approved Family Law Forms

Court: Fla. | Date Filed: 2009-03-26T00:53:00-07:00

Citation: 20 So. 3d 173

In Re Standard Jury Instruct. in Criminal Cases No. 2008-04

Court: Fla. | Date Filed: 2008-10-30T00:53:00-07:00

Citation: 995 So. 2d 476

Snippet: Violation of injunction for protection 741.31(4) 8.16 against domestic violence

Sando v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2008-01-10T00:00:00-08:00

Citation: 972 So. 2d 271, 2008 Fla. App. LEXIS 276, 2008 WL 110104

Snippet: violation of the domestic violence injunction. See § 741.31(2), Fla. Stat. (2007); see also § 741.2901(2), …criminal contempt for violating the injunction. § 741.31(2), Fla. Stat. (2007). See Fla. R. Crim. P. 3.840

In Re Standard Jury Inst. in Crim. Cases-Report 2007-01

Court: Fla. | Date Filed: 2007-08-30T00:53:00-07:00

Citation: 965 So. 2d 811

Snippet: VIOLATION OF DOMESTIC VIOLENCE INJUNCTION [ § 741.31(4)(a), Fla. Stat. reserved] To prove the crime …the injunction by (alleged violation of section 741.31(4)(a)). Definition. "Willfully" means…Offenses VIOLATION OF DOMESTIC VIOLENCE INJUNCTION 741.31 ----------------------------------- CATEGORY

Gordon v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2007-05-23T00:00:00-07:00

Citation: 960 So. 2d 31, 2007 WL 1484536

Snippet: ; bringing a criminal prosecution under section 741.31, Florida Statutes (2006), or "through a civil…commenced by one of the parties in the case. Section 741.31 sets forth the procedures to be followed for a …violations, it would not have designated section 741.31 as an alternative to a civil or criminal contempt

Jury Instructions in Crim. Cases-No. 2005-1

Court: Fla. | Date Filed: 2007-03-29T00:53:00-07:00

Citation: 953 So. 2d 495

Snippet: 741.31(4) 8.16 -------------------------------… 741.31(4) 8.18 ---------------------------------