Florida/Georgia Personal Injury & Workers Compensation

...Specifically, as noted by the Second District below, see Heggs, 718 So.2d at 264, the same three provisions dealing with domestic violence are located in chapter 95-182, the chapter law considered in Thompson, and chapter 95-184, the chapter law at issue here. Compare Ch. 95-182, §§ 8-10, at 1673-75 (amending section 741.31, creating section 768.35, and amending section 784.046, respectively), with Ch....

...Sections 36-38. These three sections amend various statutes relating to domestic violence, and they are the exact provisions that were included in chapter 95-182, the chapter law at issue in *626 Thompson. Compare Ch. 95-182, §§ 8-10, at 1673-75 (amending section 741.31, creating section 768.35, and amending section 784.046, respectively), with Ch. 95-184, §§ 36-38, at 1722-24 (same). 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....

...s. We now apply these above-stated principles to the present case. The title of chapter 95-184, in its entirety, spans almost two pages of text. See Ch. 95-184, at 1676-78. Clearly located within the lengthy title is a reference to amending sections 741.31, 768.35, and 784.06, Florida Statutes, [9] see id....

...n of a firearm by violent career criminal" and also established sentencing procedures and penalties for that offense. See Ch. 95-182, § 7, at 1673 (creating section 790.235, Florida Statutes). 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 injunction for protection against domestic violence." Ch....

...Subdivision (c)(5) implements a number of statutes governing enforcement of injunctions against domestic or repeat violence. It is intended by these rules that procedures in cases of domestic and repeat violence be identical to resolve inconsistencies in the statutes. 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....

...Subdivision (c)(5) implements a number of statutes governing enforcement of injunctions against domestic or repeat violence. It is intended by these rules that procedures in cases of domestic and repeat violence be identical to resolve inconsistencies in the statutes. 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....

...n injunction for repeat domestic violence pursuant to section 784.047, and convicting the defendant of both offenses was a violation of the double jeopardy clause. 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....

...Offenses which are lesser offenses the statutory elements of which are subsumed by the greater offense. One of the ways in which an injunction for protection against domestic violence may be violated is by committing an act of domestic violence against the petitioner, § 741.31(4)(a)3., which includes the commission of a battery....

...by double jeopardy. We reverse the dismissal of the aggravated stalking charge and remand for further proceedings in accordance with this opinion. HALL, A.C.J., and BLUE, J., concur. NOTES [1] Pursuant to section 741.30, Florida Statutes (1993). [2] Section 741.31 was amended, effective July 1, 1994, to provide that enumerated violations of a domestic violence injunction will constitute a misdemeanor of the first degree....

...Subdivision (c)(5) implements a number of statutes governing enforcement of injunctions against domestic or repeat violence. It is intended by these rules that procedures in cases of domestic and repeat violence be identical to resolve inconsistencies in the statutes. 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....

...ency. 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....

...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, except those regarding child support and/or alimony, which constitutes a criminal act under section 741.31, Florida Statutes....

...nst repeat domestic violence by Mr. Hernandez. As a result of this conduct, Mr. Hernandez was convicted on February 4, 1992, in county court of battery and violation of an injunction for protection and was sentenced to six months in the county jail. § 741.31, Fla....

...at 2858-56, 2868-69, 2881. In light of Dixon, the successive prosecution for indirect criminal contempt in this case violates the Double Jeopardy Clause and that conviction must be reversed. Reversed. SCHOONOVER, A.C.J., and PATTERSON J., concur. NOTES [1] Section 741.31, Florida Statutes (1991), states: Violation of an injunction for protection against domestic violence — Any person who willfully violates the provisions of an injunction for protection against domestic violence, issued pursuant to s....

...State, 513 So.2d 122 (Fla.1987); Saffor v. State, 660 So.2d 668 (Fla.1994); State v. Rawls, 649 So.2d 1350 (Fla.1994). This instruction was adopted in 1981 and was amended in 2000 [765 So.2d 692], and 2007. *815 8.18 VIOLATION OF DOMESTIC VIOLENCE INJUNCTION [ § 741.31(4)(a), Fla....

...e the following two elements beyond a reasonable doubt: 1. A temporary or final injunction f or protection against domestic violence was issued by a court against (defendant). 2. (Defendant) willfully violated the injunction by (alleged violation of section 741.31(4)(a)). Definition. "Willfully" means knowingly, intentionally and purposely. Lesser Included Offenses VIOLATION OF DOMESTIC VIOLENCE INJUNCTION — 741.31 ----------------------------------- CATEGORY CATEGORY FLA....

...It also created a statute which criminalized specifically defined willful violations of a domestic injunction and provided that the penalty for such a violation was to be in addition to any penalty imposed for contempt. See Ch. 86-264, § 2, at 1974, Laws of Fla. (codified at § 741.31, Fla....

...The legislature also expanded the incidents giving rise to a criminal prosecution for violating a domestic violence injunction and increased the penalty for such a violation from a misdemeanor of the second degree to a misdemeanor of the first degree. Compare § 741.31, Fla. Stat. (1993) with § 741.31, Fla....

...With respect to the judiciary's role in the enforcement process, the legislature manifested a clear intent that a circuit court could now only "[e]nforce, through a civil contempt proceeding, a violation of an injunction for protection against domestic violence which is not a criminal violation under s. 741.31." § 741.2902(2)(g), Fla....

...(Supp. 1994). It substantively codified this intent in section 741.30(8)(a), which provides in part that "[t]he court shall enforce, through a civil contempt proceeding, a violation of an injunction for protection which is not a criminal violation under s. 741.31." (Emphasis added.) This revision purported to divest the circuit courts of their previous statutory authority to use an indirect criminal contempt proceeding as one of the methods to enforce compliance with any violation of a domestic violence injunction....

...contempt proceedings by the circuit courts that issue the injunctions. We also perceive the legislature's intent to limit circuit courts to the use of civil contempt as the means of punishing violations that do not fall within the criminal ambit of section 741.31....

...nce injunction issued pursuant to section 741.30, Florida Statutes (Supp. 1994), by means of an indirect criminal contempt proceeding. We further hold that the fact the alleged violation of the injunction may also constitute a criminal offense under section 741.31, Florida Statutes (Supp....

...This legislative intent is implemented in section 741.30(8)(a), Florida Statutes (Supp. 1994), which provides in part that "[t]he court shall enforce, through a civil contempt proceeding, a violation of an injunction for protection which is not a criminal violation under s. 741.31." Herein lies the separation of powers problem that most concerns me....

...sments. The relevant portion of chapter 94-134, Laws of Florida, states: (8)(9)(a) The court shall enforce, through a civil or indirect criminal contempt proceeding, a violation of an injunction for protection which is not a criminal violation under s. 741.31....

...Jones, 419 So.2d 618, but only "to the extent that it may suggest conflict with the established principle that the legislature is responsible for determining the punishment for crimes." 604 So.2d at 815, n. 7. [7] U.S. Const. art I, § 8, cl. 9; art. III, § 1. [8] Section 741.31(4)(e), Florida Statutes (1995), now provides that a person who violates a domestic violence injunction by "[t]elephoning, contacting, or otherwise communicating with the petitioner directly or indirectly, unless the injunction specific...

...larify whether Florida courts are permitted to impose nonrefundable monetary assessments in civil contempt proceedings. [10] See also 16 Am.Jur.2d Constitutional Law § 296 (1979); John E. Nowak, et al., Constitutional Law 135-37 (2d ed. 1983). [11] 741.31 Violation of an injunction for protection against domestic violence....

...that: 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 or section 7784.047, Florida Statutes.......

...ard the criminal speedy trial rule shall not apply to criminal contempt proceedings initiated by a court on its own motion. MATERIAL FACTS [1] On November 28, 1995, petitioner Shalonda Washington (Washington) was arrested for an alleged violation of section 741.31(4)(b), Florida Statutes (1995), a firstdegree misdemeanor, [2] for violating a courtordered injunction which barred her from visiting Amy Litchfield's workplace....

...motive in seeking Washington's prosecution for criminal contempt. There is no record basis for that type of comment. OVERTON, J., concurs. NOTES [1] The following facts are taken from the district court's opinion. Washington, 704 So.2d at 54142. [2] Section 741.31(4)(b) provides: (4) A person who willfully violates an injunction for protection against domestic violence, issued pursuant to S....

...torney or by an attorney appointed for that purpose." [11] Specifically, the amendment provided: (8)(a) The court shall enforce, through a civil contempt proceeding, a violation of an injunction for protection which is not a criminal violation under s. 741.31....

...which attorneys Pearce and Springer suggest adding the following statutory language: “Respondent shall not commit any other violation of the injunction through an intentional unlawful threat, word, or act to do violence to the petitioner.” See §§ 741.31(4)(a)(4), 784.047(4), Fla....

...Subdivision (c)(5) implements a number of statutes governing enforcement of injunctions against domestic or repeat violence. It is intended by these rules that procedures in cases of domestic and repeat violence be identical to resolve inconsistencies in the statutes. 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....

...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 without warrant pursuant to section 901.15, Florida Statutes, for any violation of its provisions which constitutes a criminal act under section 741.31, Florida Statutes....

...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 without warrant pursuant to section 901.15, Florida Statutes, for any violation of its provisions which constitutes a criminal act under section 741.31, Florida Statutes....

...provisions of this injunction and are authorized to arrest without warrant pursuant to section 901.15, Florida Statutes, for any violation of its provisions, except those regarding child support and/or alimony, which constitutes a criminal act under section 741.31, Florida Statutes....

...provisions of this injunction and are authorized to arrest without warrant pursuant to section 901.15, Florida Statutes, for any violation of its provisions, except those regarding child support and/or alimony, which constitutes a criminal act under section 741.31, Florida Statutes....

...Law enforce *344 ment officers of the jurisdiction in which a violation of this injunction occurs shall enforce the provisions of this injunction and are authorized to arrest without warrant pursuant to section 901.15, Florida Statutes, for any violation of its provisions which constitutes a criminal act under section 741.31, Florida Statutes....

...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 without warrant pursuant to section 901.15, Florida Statutes, for any violation of its provisions which constitutes a criminal act under section 741.31, Florida Statutes....

...provisions of this injunction and are authorized to arrest without warrant pursuant to section 901.15, Florida Statutes, for any violation of its provisions, except those regarding child support and/or alimony, which constitutes a criminal act under section 741.31, Florida Statutes....

...provisions of this injunction and are authorized to arrest without warrant pursuant to section 901.15, Florida Statutes, for any violation of its provisions, except those regarding child support and/or alimony, which constitutes a criminal act under section 741.31, Florida Statutes....

...ered injunction, unlike the substantive criminal offenses. This court's prior decision in Hernandez v. State, 624 So.2d 782 (Fla. 2d DCA 1993), is distinguishable. Mr. Hernandez was convicted of violation of an injunction for protection, pursuant to section 741.31, Florida Statutes (1991), and simple battery....

...h lead Benoit to believe that she did not prepare her statement until after his arrest. Id. at 115-16. Despite Benoit's protestations of innocence, the officers arrested him for: (1) willfully violating the Injunction in violation of Florida Statute section 741.31(4)(a)(5) ; (2) stalking in violation of Florida Statute section 784.048(2) ; and (3) violating the terms of his probation in violation of Florida Statute section 948.06....

...1983) (concluding that officers had probable cause to arrest criminal defendants even absent evidence of intent). Officer Ford arrested Benoit for violating the Injunction, stalking, and violating the terms of his probation. With respect to the first offense, Florida Statute section 741.31(4)(a)(5) provides that "[a] person who willfully violates an injunction for protection against domestic violence... by [t]elephoning, contacting, or otherwise communicating with the petitioner directly or indirectly, unless the injunction specifically allows indirect contract through a third party[,] commits a misdemeanor of the first degree." See id. § 741.31(4)(a)(5)....

...ce situations. § 741.29, Fla. Stat. (1995). This legislation creates a special protection scheme for domestic violence victims. The violation of an injunction is classified as a misdemeanor, and the violator is also subject to contempt proceedings. § 741.31, Fla....

...ce." § 741.30(2)(c)(6), Fla. Stat. (1995). By contrast, if a petitioner needs additional judicial protection after a violation of such an injunction, then the statute provides for an award of economic damages, including "costs and attorneys' fees." § 741.31, Fla.Stat....

...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 without warrant pursuant to section 901.15, Florida Statutes, for any violation of its provisions which constitutes a criminal act under section 741.31, Florida Statutes....

...provisions of this injunction and are authorized to arrest without warrant pursuant to section 901.15, Florida Statutes, for any violation of its provisions, except those regarding child support and/or alimony, which constitutes a criminal act under section 741.31, Florida Statutes....

...First, to require the appointment of an independent prosecutor in all cases would nullify a remedy provided in the domestic violence statute. Section 741.30(9)(a), Florida Statutes (2006), contemplates enforcement in two distinct ways; either by the "state attorney" bringing a criminal prosecution under section 741.31, Florida Statutes (2006), or "through a civil or criminal contempt proceeding," which may be commenced by one of the parties in the case. Section 741.31 sets forth the procedures to be followed for a state attorney initiated criminal prosecution, when a petitioner contacts the clerk of the circuit court and files an affidavit that an injunction has been violated. Had the statute intended to make the state attorney the sole gatekeeper for prosecuting section 741 injunction violations, it would not have designated section 741.31 as an alternative to a civil or criminal contempt proceeding....

...blic Defender who shall file the initial brief within forty-five days thereafter. WHATLEY and NORTHCUTT, JJ., concur. NOTES [1] Counsel for Graves incorrectly states that this is an appeal of a judgment and sentence for violation of injunction under section 741.31, Florida Statutes (2001). According to the record before this court, the appellant was not charged pursuant to section 741.31 but rather was proceeded against under the trial court's contempt power.

...iled were held to be sufficient when coupled with allegations that the husband had been angry and verbally abusive due to the couple's impending divorce. 787 So.2d at 164 . . Violation of a domestic violence injunction is a first-degree misdemeanor. § 741.31(4)(a).

...led were held to be sufficient when coupled with allegations that the husband had been angry and verbally abusive due to the couple's impending divorce. 787 So.2d at 164. [5] Violation of a domestic violence injunction is a first-degree misdemeanor. § 741.31(4)(a).

...provisions of this injunction and are authorized to arrest without warrant pursuant to section 901.15, Florida Statutes, for any violation of its provisions, except those regarding child support and/or alimony, which constitutes a criminal act under section 741.31, Florida Statutes....

provisions which constitutes a criminal act under section 741.31, Florida Statutes. 3. THIS INJUNCTION IS ENFORCEABLE

...Subdivision (c)(5) implements a number of statutes governing enforcement of injunctions against domestic or repeat violence. It is intended by these rules that procedures in cases of domestic and repeat violence be identical to resolve inconsistencies in the statutes. 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 its order, however, that a violation of section 741.31(4), Florida Statutes, is a first-degree misdemeanor

...See ch.2002-55, § 9, at 790, Laws of Fla. The Legislature also amended section 741.30, Florida Statutes (2001), to require that all domestic violence proceedings be recorded. See ch.2002-55, § 13, at 798, Laws of Fla. The Legislature further amended section 741.31, Florida Statutes (2001), to provide additional conduct that will violate an injunction for domestic violence....

statutes. As such, the proee-dures set out in section 741.31(1), Florida Statutes, are to be followed for

...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 without warrant pursuant to section 901.15, Florida Statutes, for any violation of its provisions which constitutes a criminal act under section 741.31, Florida Statutes. 3....

...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 without warrant pursuant to section 901.15, Florida Statutes, for any violation of its provisions which constitutes a criminal act under section 741.31, Florida Statutes. 3....

...injunction and are authorized to arrest without warrant pursuant to section 901.15, Florida Statutes, for any violation of its provisions, except those regarding child support and/or alimony, which constitutes a criminal act under section 741.31, Florida Statutes....

...injunction occurs shall enforce the provisions of this injunction and are authorized to arrest without warrant pursuant to section 901.15, Florida Statutes, for any violation of its provisions, except those regarding child support and/or alimony, which constitutes a criminal act under section 741.31, Florida Statutes....

provisions which constitutes a criminal act under section 741.31, Florida Statutes. 3. THIS INJUNCTION IS ENFORCEABLE

...Law enforcement officers of the jurisdiction in which a violation of this injunction occurs shall enforce the provisions, except those regarding child support and/or alimony, 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....

...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, except those regarding child support and/or alimony, which constitutes a criminal act under section 741.31, Florida Statutes....

...State. Defendant was charged with one count of attempted first-degree murder in violation of sections 782.04(1), 777.04(1), and 775.087 of the Florida Statutes (2002), one count of violation of an injunction against domestic violence in violation of section 741.31 of the Florida Statutes (2002), and one count of obstruction by disguise in violation of section 843.03 of the Florida Statutes (2002)....

...Subdivision (c)(5) implements a number of statutes governing enforcement of injunctions against domestic or repeat violence. It is intended by these rules that procedures in cases of domestic and repeat violence be identical to resolve inconsistencies in the statutes. 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....

...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 without warrant pursuant to section 901.15, Florida Statutes, for any violation of its provisions which constitutes a criminal act under section 741.31, Florida Statutes. 3....

...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 without warrant pursuant to section 901.15, Florida Statutes, for any violation of its provisions which constitutes a criminal act under section 741.31, Florida Statutes. 3....

...injunction and are authorized to arrest without warrant pursuant to section 901.15, Florida Statutes, for any violation of its provisions, except those regarding child support and/or alimony, which constitutes a criminal act under section 741.31, Florida Statutes....

...injunction and are authorized to arrest without warrant pursuant to section 901.15, Florida Statutes, for any violation of its provisions, except those regarding child support and/or alimony, which constitutes a criminal act under section 741.31, Florida Statutes....

...Subdivision (c)(5) implements a number of statutes governing enforcement of injunctions against domestic or repeat violence. It is intended by these rules that procedures in cases of domestic and repeat violence be identical to resolve inconsistencies in the statutes. 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....

...Jensen, Assistant Attorney General, Tampa, for Appellee. WALLACE, Judge. Johnny Bernard Hall appeals his judgment and sentences for felony battery under section 784.03(2), Florida Statutes (2013), and violation of an injunction for protection against domestic violence under section 741.31(4)(a)(3), Florida Statutes (2013). We affirm in part and reverse in part.  In order to obtain a conviction for violation of the domestic violence injunction, the State was required to prove that Mr. Hall acted "willfully" in violating the injunction. § 741.31(4)(a)(3)....

...Washington was handcuffed, transported to a detention center, booked, and then incarcerated. The state obtained continuances at two docket soundings, and never filed an information charging Washington with the crime of violation of an injunction for protection under section 741.31(4)(b), Florida Statutes (1995), which makes such violation a first degree misdemeanor....

...Subdivision (c)(5) implements a number of statutes governing enforcement of injunctions against domestic or repeat violence. It is intended by these rules that procedures in cases of domestic and repeat violence be identical to resolve inconsistencies in the statutes. 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....

...ction imposed by the court in this case was clearly criminal, seeking to punish Sando with incarceration for her alleged transgressions. The State did not file criminal charges for Sando’s alleged violation of the domestic violence injunction. See § 741.31(2), Fla....

...She was taken to jail and immediately began serving the “sentence” pronounced in the court’s order. Nor did the State move the trial court for an order directing Sando to show cause why she should not be held in criminal contempt for violating the injunction. § 741.31(2), Fla....

...Before EMAS, LINDSEY, and MILLER, JJ. LINDSEY, J.  Appellant Eleazar Neri Aviles (Defendant below) appeals a final judgment of conviction and sentence. Aviles was charged with one count of violating a domestic violence injunction pursuant to section 741.31(4)(a), Florida Statutes (2023)....

PROTECTION AGAINST DOMESTIC VIOLENCEINJUNCT-IQN § 741.31(4)(a), Fla. Stat. To prove the crime of Violation

SCHWARTZ, Chief Judge. The conviction and sentence imposed below for violating an injunction against domestic violence, see section 741.31, Florida Statutes (2001), after a two-day, three-witness jury trial, is reversed for a new one because of the grossly abusive limitation of counsel to five minutes for final argument....

...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 without warrant pursuant to section 901.15, Florida Statutes, for any violation of its provisions which constitutes a criminal act under section 741.31, Florida Statutes....

...provisions of this injunction and are authorized to arrest without warrant pursuant to section 901.15, Florida Statutes, for any violation of its provisions, except those regarding child support and/or alimony, which constitutes a criminal act under section 741.31, Florida Statutes....

...Shortly thereafter, Gayle picked up the child and learned of the outing. He contacted law enforcement, and some months later, petitioner was arrested. The State filed a misdemeanor information charging her with one count of violating a domestic violence injunction, in violation of section 741.31(4)(a), Florida Statutes (2022)....