A domestic violence injunction puts strict limits on your behavior. Once a judge issues this specific type of court order, you must comply. Even minor missteps can lead to serious legal consequences.
What Is a Domestic Violence Injunction in Florida?
A domestic violence injunction is sometimes called a restraining order. This court order is designed to prevent acts of violence or threats between family or household members.
An injunction may be temporary or final. Temporary injunctions can be issued without notice and take effect immediately. Final injunctions are entered after a court hearing and may remain in place indefinitely, depending on the judge’s decision. Typical injunction terms include:
- No contact with the protected person
- No third-party contact, including through friends or family
- Stay-away distances from a home or other locations
- Restrictions on firearm or ammunition possession
- Temporary child custody or visitation limits
Once someone serves you with the order, you’re legally bound by every condition. It doesn’t matter if you disagree with it or plan to challenge it later—you have to follow the rules until a judge lifts the order.
Criminal Penalties for Violating a Domestic Violence Injunction
Violating a domestic violence injunction is a criminal offense in Florida. A first violation is typically charged as a first-degree misdemeanor. This can be punished by:
- Up to 12 months in jail
- Monetary fines
- Probation
- Mandatory counseling and intervention programs
If the violation involves assault, battery, stalking, or repeat offenses, prosecutors may charge you with additional or enhanced charges. Multiple violations can lead to harsher penalties.
When You Can Be Arrested
Law enforcement officers have the authority to arrest you without a warrant if they have probable cause to believe that you violated a domestic violence injunction. Officers don’t need to witness the violation firsthand—they just need to reasonably believe a violation happened and that you did it. This means an accusation alone can result in immediate arrest, even if the contact was brief or not what the accuser says it was. Once arrested, you’ll likely be held until a judge reviews the case and sets the conditions of release.
Contempt of Court Consequences
Beyond criminal charges, violating a domestic violence injunction can also lead to civil or criminal contempt proceedings. Judges have broad discretion in contempt cases, particularly if they believe you showed disregard for court orders. Some of the most common contempt penalties include:
- Additional jail time
- Fines
- Extended or modified injunction terms
- Stricter supervision by the court
Many domestic violence injunctions require you to surrender firearms and ammunition. Possessing a firearm while subject to an injunction can result in separate criminal charges—and you can be charged under both state and federal law, depending on the circumstances. Just one mistake can affect your life for years to come.
What to Do If You’re Accused of a Violation
If you’re accused of violating a domestic violence injunction, take it seriously and call an experienced Florida defense lawyer as soon as possible. Any statements you make to law enforcement, including attempts to “clear things up,” can create more problems.
Your lawyer will help you understand your rights and obligations. Generally, you have the right to:
- Contest whether you violated the order
- Challenge whether the injunction was properly served
- Argue claims of knowing or intentional conduct
- Present evidence and witnesses in your defense
Avoid any contact with the protected person, even if the accusation feels unfair or exaggerated. Courts focus on your compliance once an order is in place.
Discuss Your Case with a Florida Defense Attorney Today
If you’re facing charges for a domestic violence injunction in Florida, Anthony G. Ryan, P.A. can help. Don’t try to face the legal system alone—get the help you need to build a strong defense. Our firm represents clients throughout Central Florida, including Orlando and the surrounding areas. Contact us today to speak with a Board-certified criminal defense lawyer about your case.
