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Violation of Injunction

The process of dealing with a domestic violence offense can be complicated and confusing. When facing a serious allegation such as domestic violence an individual might also find themselves dealing with what is called an injunction for protection against domestic violence, also known as a restraining order.

If the terms of injunction are violated in any way, an individual may face serious repercussion such as jail time and/or fines.

Gainesville Violation of Injunction Attorney

If you have been charged with a violation of injunction for protection against domestic violence, contact the Galigani Law Firm. Dean Galigani is a criminal defense attorney who is experienced in defending individuals from the serious allegations of a violation of injunction for protection against domestic violence throughout Florida, including the areas in Alachua County, Baker County, Union County and Gilchrist County. Contact the Galigani Law Firm for a free consultation today at (352) 375-0812.


Definition of Injunction in Florida

In the state of Florida an injunction is a formal order issued by a court to force an individual to refrain from a certain act or acts. They usually specify that there is to be no contact and a certain amount of distance must be kept between the alleged victim and the individual the injunction is filed against.

Anyone who is a victim of domestic violence or anyone who believes that they are in danger of becoming a victim of domestic violence can file for an injunction of protection against their alleged offender.


Florida Definition of Violation of Injunction

Under Fla. Stat. § 741.31 a violation of injunction can occur when a person willfully:

  • Refuses to vacate the home or dwelling that the parties share,
  • Is within 500 feet of the alleged victims home, school, place of employment, or any other place they frequent,
  • Commits an act of domestic violence against the alleged victim,
  • Threatens by act or word to do violence to the alleged victim,
  • Contacts the alleged victim in any way,
  • Is within 100 feet of the alleged victim's vehicle,
  • Destroys any property of the alleged victim, and
  • Refuses to surrender firearms or ammunition if ordered to do so by the court.

If a violation of injunction occurs, the alleged victim may contact the court and report the violation. Usually in this instance the alleged violation of injunction is investigated and turned over to the state attorney who will decide if any criminal charges will be filed.


Elements of the Violation of DV Injunction Offense

Florida's Violation of a Domestic Violence Injunction statute require the prosecutor to prove the following elements beyond all reasonable doubt:

  • A temporary or final injunction for protection against domestic violence was issued by a court against the defendant; and
  • The Defendant willfully violated the injunction by committing a specified act prohibited by the terms of the injunction under Florida Statute Section 741.31(4)(a)).

Florida's statute prohibiting a violation of an injunction for protection against domestic violence defines the term "willfully” to mean means purposely, knowingly, and intentionally.

Click here to read the standard jury instructions, 8.18, for Violation of a Domestic Violence Injunction were adopted in 2007 by the Florida Supreme Court under SC07-325, Corrected Opinion, dated August 30, 2007.

Penalties of Violation of Injunction in Florida

An individual who violates an injunction for protection against domestic violence can be charged with a misdemeanor of the first degree which is punishable by up to one year in jail and/or up $1,000 in fines in accordance with Fla. Stat. §§ 775.082 and 775.083.

An individual who violates an injunction for protection against domestic violence can also be ordered to attend a batterers’ intervention program even if there is no criminal prosecution.

Additionally, if any person suffers an injury or loss as a result of a violation of injunction, they may be awarded economic damages for that injury or loss by the court. Damages can include costs and attorney’s fees for the enforcement of the injunction as stated in Fla. Stat. § 741.31.


Florida Batterer’s Intervention Program

A batterer’s intervention program is a program designed to educate participants about the beliefs and behaviors that lead to domestic violence. It encourages individuals to use critical thinking skills. The program is certified by Florida’s Department of Children and Families and requires that participants be properly assessed at the conclusion the program.

The program, usually lasting a minimum of 29 weeks, typically requires an individual to attend all weekly group sessions, attend weekly sessions drug and alcohol free, pay all fees and costs of the program and successfully complete the program.


Galigani Law Firm | Florida Violation of Injunction Lawyer

If you have been arrested for a violation of injunction for protection against domestic violence offense in Gainesville, Ocala or Lake City contact the Galigani Law Firm today. Experienced Gainesville domestic violence defense attorney, Dean Galigani, will help guide you to achieve the best possible outcome regarding your particular legal situation. For a free consultation about your alleged violation of injunction charge, contact the Galigani Law Firm at (352) 375-0812 or send an online message.