The Violation of Domestic Violence Injunction

 Posted on June 05, 2026 in Domestic Violence

Violating a domestic violence injunction in Florida is a criminal offense, even if the protected person contacted you first. Most people charged with a violation have no idea that something like a single text back to the protected person could lead to an arrest. If you are facing an injunction charge in 2026, a Miami, FL domestic violence defense attorney can review the facts and explain your options. 

What Is a Domestic Violence Injunction in Florida?

A domestic violence injunction is a civil court order that limits contact between two people. Under Florida Statute § 741.30, a person who has been a victim of domestic violence, or who believes harm is coming, can ask a judge for this order. A judge can issue a temporary injunction the same day, without the other person present. 

A full hearing is then scheduled, usually within 15 days, where both sides can appear. The order can bar you from contacting the petitioner, keep you away from their home, school, or workplace, and, in some cases, require you to leave a shared residence right away. The injunction is a civil matter, but the moment you break its terms, you face criminal charges.

What Actions Count as a Violation of a Florida Domestic Violence Injunction?

People are often surprised by how broadly Florida defines a violation. Under Florida Statute § 741.31, a willful violation includes:

• Refusing to leave a shared home when the order requires it

• Going within a prohibited distance of the petitioner's home, workplace, or school

• Contacting the petitioner by phone, text, email, or social media

• Having a third party deliver a message on your behalf

• Committing any act of domestic violence against the petitioner

Two points catch people off guard. First, asking a friend or family member to pass a message counts as contact. You are still responsible, even if you never spoke to the petitioner directly. Second, if the protected person contacts you and you write back, that response can still be charged as a violation. The order restricts your conduct, not theirs.

What Are the Penalties for Violating a Domestic Violence Injunction in Florida?

A first violation is a first-degree misdemeanor. Penalties can include up to one year in county jail, 12 months of probation, and a $1,000 fine.

Contacting or following the petitioner more than once can be charged as aggravated stalking under Florida Statute § 784.048, a third-degree felony with up to five years in prison. Repeated injunction violations can also lead to felony charges in some circumstances, particularly when a person has prior convictions for violating an injunction against the same victim.

Beyond jail time, a conviction can cost you your right to own a firearm under federal law and hurt your position in child custody proceedings. And because domestic violence convictions cannot be sealed or expunged in Florida, the record follows you permanently.

What to Do If You Are Charged With an Injunction Violation in Florida

Stop all contact with the petitioner immediately. Do not call, text, or reach out through anyone else, and do not post anything about the case on social media. Write down what happened while it is still fresh, including the date, time, location, and exactly what occurred. Save any messages or call logs that support your version of events, and do not delete anything.

Being charged does not mean you will be convicted. The alleged contact may have been accidental. The injunction's terms may not clearly cover the conduct described. The evidence may rest entirely on the petitioner's word, with nothing to support it. 

Schedule a Free Consultation With a Miami, FL Domestic Violence Defense Attorney

Attorney Julian Stroleny of Stroleny Law: Criminal Defense Attorney spent years as an Assistant State Attorney in Miami-Dade County. That background gives him a clear picture of how prosecutors build injunction violation charges and where the weaknesses are. He is local to Coconut Grove, available 24/7, and has earned close to 400 five-star reviews from clients across the Miami area. Call 305-615-1285 or contact our Miami, FL domestic violence defense lawyer to schedule your free consultation today.