Florida Statute For Violation Of Injunction
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FAQ
Florida Statute 741.31 makes the violation of a domestic violence injunction a crime. The injunction cannot be waived by the one who originally obtained it for protection. The violation of the injunction is seen as being serious in the eyes of the court because a violation is the willful disregard of a court order.
Under the provisions of Section 784.046 of the Florida Statutes, repeat violence means two incidents of violence or stalking one of which must have been within 6 months of filing a petition and must have been directed against the petitioner or the petitioner's immediate family member.
Section 784.0485(1), Florida Statutes, establishes a cause of action for an injunction for protection against stalking. Stalking occurs when a person ?willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person.? § 784.048(2).
Upon presentation of a foreign protection order by a protected person, a law enforcement officer shall assist in enforcement of all of its terms, pursuant to federal law, except matters related to child custody, visitation, and support.
It a crime under Florida Statute 741.31(4)(a) to violate an injunction against domestic violence while Florida Statute 784.047 makes it a crime to violate a repeat violence, a sexual violence, or a dating violence injunction.