Florida Statutes

Fla. Stat. § 741.31 (2025)

Violation of an injunction for protection against domestic violence.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Arrestable Offenses under F.S. 741.31

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§741.31(4a)CONTEMPT OF COURTVIOL INJUNCTION PROTECTION DOMESTIC VIOLENCEM · 1st

§741.31(4b)CONTEMPT OF COURTVIOL INJUNCT DOMEST VIOL POSS FIREARM/AMMOM · 1st

§741.31(4c)CONTEMPT OF COURTVIOL INJUN PROTECTION 2 OR MORE PRIOR CONVICTF · 3rd

Notes of Decisions

Cited in 49 cases (7 in the last 5 years), 1993–2025 · leading case: Amendments to the Florida Fam. Law Rules of Procedure & Fam. Law Forms, 810 So. 2d 1 (Fla. 2000).

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Amendments to the Florida Fam. Law Rules of Procedure & Fam. Law Forms, 810 So. 2d 1 (Fla. 2000). · cites it 19× “15, Florida Statutes, for any violation of its provisions which constitutes a criminal act under section 741.31, Florida Statutes. 3. THIS INJUNCTION IS ENFORCEABLE IN ALL COUNTIES OF FLORIDA AND LAW ENFORCEMENT OFFICERS MAY EFFECT ARRESTS PURSUANT TO SECTION 901.”

Heggs v. State, 759 So. 2d 620 (Fla. 2000). · cites it 4× “Section 36 of chapter 95-184 amends section 741.31, Florida Statutes, to create a civil cause of action for damages (including costs and attorney's fees) for injuries inflicted in violation of a domestic violence injunction, to be enforced by the court that issued the injunction.”

Walker v. Bentley, 660 So. 2d 313 (Fla. 2d DCA 1995). · cites it 11× “(codified at § 741.31, Fla. Stat. (Supp. 1986)). During the 1994 legislative session, the legislature again revised the statutes relating to domestic violence.”

State v. Thompson, 750 So. 2d 643 (Fla. 1999). · cites it 2× “In section 8 of chapter 95-182, the Legislature amended section 741.31, Florida Statutes (Supp.1994), by creating a civil cause of action for damages (including costs and attorney's fees) for "[a]ny person who suffers an injury and/or loss as a result of a violation of an…”

Doty v. State, 884 So. 2d 547 (Fla. 4th DCA 2004). · cites it 3× “Here, appellant was charged with violating a domestic violence injunction pursuant to section 741.31, Florida Statutes (2000); however, the difference between the statutes for double jeopardy analysis is insubstantial.”

Amendments to the Florida Fam. Law Rules, 713 So. 2d 1 (Fla. 1998). · cites it 4× “Law enforcement officers of the jurisdiction in which a violation of this injunction occurs shall enforce the provisions of this injunction and are authorized to arrest for any violation of its provisions which constitutes a criminal act under section 741.31, Florida Statutes.…”

Amendments to Florida Supreme Court Approved Fam. Law Forms-Sexual Violence Forms, 871 So. 2d 113 (Fla. 2004). · cites it 8× “15, Florida Statutes, for any violation of its provisions which constitutes a criminal act under section 741.31, Florida Statutes. 3. THIS INJUNCTION IS ENFORCEABLE IN ALL COUNTIES OF FLORIDA AND LAW ENFORCEMENT OFFICERS MAY EFFECT ARRESTS PURSUANT TO SECTION 901.”

Amend. to Fl. Fam. Law Rules of Proc., 723 So. 2d 208 (Fla. 1998). · cites it 2× “As such, the procedures set out in section 741.31(1), Florida Statutes, are to be followed for violations of injunctions for protection of both domestic and repeat violence.”

Benoit v. City of Lake City, 343 F. Supp. 3d 1219 (M.D. Fla. 2018). · cites it 3× “§ 741.31(4)(a)(5). Further, Florida Statute section 784.”

In Re Fam. Law Rules of Procedure, 663 So. 2d 1049 (Fla. 1995). · cites it 2× “As such, the procedures set out in section 741.31(1), Florida Statutes, are to be followed for violations of injunctions for protection of both domestic and repeat violence.”

Hernandez v. State, 624 So. 2d 782 (Fla. 2d DCA 1993). · cites it 4× “§ 741.31, Fla. Stat. (1991). [1] On January 23, 1992, the state also filed a petition for order to show cause for indirect criminal contempt against Mr.”

Burk v. Washington, 713 So. 2d 988 (Fla. 1998). · cites it 3× “Thereafter, the State obtained continuances at two docket soundings and subsequently failed to even file an information charging Washington.”

Show all 49 citing cases →

— 741.31(1) — 10 cases

Amendments to the Florida Fam. Law Rules of Procedure & Fam. Law Forms, 810 So. 2d 1 (Fla. 2000). “15, Florida Statutes, for any violation of its provisions which constitutes a criminal act under section 741.31, Florida Statutes. 3. THIS INJUNCTION IS ENFORCEABLE IN ALL COUNTIES OF FLORIDA AND LAW ENFORCEMENT OFFICERS MAY EFFECT ARRESTS PURSUANT TO SECTION 901.”

Amend. to Fl. Fam. Law Rules of Proc., 723 So. 2d 208 (Fla. 1998). “As such, the procedures set out in section 741.31(1), Florida Statutes, are to be followed for violations of injunctions for protection of both domestic and repeat violence.”

In Re Fam. Law Rules of Procedure, 663 So. 2d 1049 (Fla. 1995). “As such, the procedures set out in section 741.31(1), Florida Statutes, are to be followed for violations of injunctions for protection of both domestic and repeat violence.”

Amendments to the Florida Fam. Law Rules, 713 So. 2d 1 (Fla. 1998). “Law enforcement officers of the jurisdiction in which a violation of this injunction occurs shall enforce the provisions of this injunction and are authorized to arrest for any violation of its provisions which constitutes a criminal act under section 741.31, Florida Statutes.…”

Amendments to the Florida Fam. Law Rules of Procedure, 746 So. 2d 1073 (Fla. 1999).

— 741.31(2) — 2 cases

Sando v. State, 972 So. 2d 271 (Fla. 4th DCA 2008).

Bauer v. Chronister (M.D. Fla. 2022).

— 741.31(3) — 1 case

Bauer v. Chronister (M.D. Fla. 2022).

— 741.31(4) — 1 case

Friss v. State, 720 So. 2d 293 (Fla. 5th DCA 1998).

— 741.31(4)(a) — 9 cases

Doty v. State, 884 So. 2d 547 (Fla. 4th DCA 2004). “Here, appellant was charged with violating a domestic violence injunction pursuant to section 741.31, Florida Statutes (2000); however, the difference between the statutes for double jeopardy analysis is insubstantial.”

In Re Stand. Jury Inst. in Crim. Cases-Report 2007-01, 965 So. 2d 811 (Fla. 2007).

In Re: Stand. Jury Instructions in Crim. Cases—report 2016-04, 206 So. 3d 14 (Fla. 2016).

S.C. v. A.D., 67 So. 3d 346 (Fla. 2d DCA 2011).

Liliana Francisca Vanegas v. The State of Florida (Fla. 3d DCA 2023).

— 741.31(4)(a)(3) — 1 case

Hall v. State, 181 So. 3d 581 (Fla. 2d DCA 2016).

— 741.31(4)(a)(4) — 1 case

— 741.31(4)(a)(5) — 1 case

Benoit v. City of Lake City, 343 F. Supp. 3d 1219 (M.D. Fla. 2018). “§ 741.31(4)(a)(5). Further, Florida Statute section 784.”

— 741.31(4)(b) — 2 cases

Burk v. Washington, 713 So. 2d 988 (Fla. 1998). “Thereafter, the State obtained continuances at two docket soundings and subsequently failed to even file an information charging Washington.”

Washington v. Burk, 704 So. 2d 540 (Fla. 5th DCA 1997).

— 741.31(4)(e) — 1 case

Walker v. Bentley, 660 So. 2d 313 (Fla. 2d DCA 1995). “(codified at § 741.31, Fla. Stat. (Supp. 1986)). During the 1994 legislative session, the legislature again revised the statutes relating to domestic violence.”

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