A protective injunction is only as strong as its enforcement — and Florida enforces hard. Violating an injunction is a crime, prosecuted by the State Attorney, punishable by jail, and escalating to a felony for repeat offenders. For protected persons, that criminal teeth is the entire point of the order; for respondents, it means the line between a civil restriction and a criminal record is one text message wide. The Law Office of John Vernon Moore, P.A. brings over 89 years of combined experience to both sides of violation cases across Brevard County: enforcing orders for the protected and defending the accused.
If an injunction protects you and it has just been violated, call 911 — enforcement starts with the report. For safety support at any hour: Florida Domestic Violence Hotline 1-800-500-1119.
What Counts as a Violation
Under § 741.31 (domestic violence injunctions) and § 784.047 (repeat, dating, and sexual violence and stalking injunctions), a respondent commits a first-degree misdemeanor — up to one year in jail — by willfully violating the order. The statutes list the ways: going to the petitioner’s home, school, workplace, or other prohibited places; being within 500 feet of them; contacting the petitioner directly or indirectly — which includes messages passed through friends and family, social media contact, tags, and comment-section appearances; sending repeated communications; threatening or committing violence; defacing or destroying the petitioner’s property; refusing to surrender firearms as ordered; and coming within 100 feet of the petitioner’s vehicle. Two points surprise people. First, only the respondent can violate the injunction — the order binds one person. A petitioner who initiates contact does not commit the crime, though that conduct has consequences discussed below. Second, “the petitioner said it was okay” is not a defense — the order is the court’s, and only the court can change it.
Escalation: When Violations Become Felonies
Florida escalates with the conduct. A third or subsequent violation of an injunction against the same victim is a third-degree felony — up to five years in prison. Aggravated stalking after an injunction is entered is itself a third-degree felony under § 784.048(4): the injunction converts continued stalking from misdemeanor to felony automatically. Violations involving new violence are charged as the new crimes plus the violation. And firearm possession while under a qualifying injunction is its own crime — state and federal — covered on our firearms and injunctions page. Beyond criminal charges, violations expose the respondent to civil and indirect criminal contempt in the issuing court, where judges can impose jail, fees, and tightened terms.
For Protected Persons: Making Enforcement Work
Enforcement runs on documentation and reporting. Keep a certified copy of your injunction with you and at home, work, and school; law enforcement verifies orders in FCIC/NCIC, but the paper speeds everything. Report every violation when it happens — 911 for in-person violations, a report for electronic ones — because prosecution requires evidence, and patterns of small violations become the felony third offense only if the first two were reported. Preserve everything: screenshots with dates and identifiers, voicemails, gifts and notes (photograph, do not discard), witness names. Do not respond to prohibited contact — engagement muddies prosecution and encourages more contact. And critically: do not initiate contact yourself. A petitioner who invites the respondent over has not committed the violation crime, but they have handed the defense its best exhibit, undermined future enforcement, and — if contact becomes mutual — given the respondent grounds to dissolve the injunction. If reconciliation is genuine, the clean path is a motion to modify or dissolve, covered on our injunction overview.
For the Accused: Defending a Violation Charge
Violation prosecutions have real defenses, because the statute requires a willful violation of an order the respondent knew about. The recurring ones: no service or knowledge — the state must prove the respondent was served or had actual notice of the order and its terms; no willfulness — accidental proximity in a small county (the same Publix, the same church, a child’s same school event) is not a willful violation, though leaving immediately matters; identity and authorship — anonymous calls and messages must be tied to the respondent, and spoofing is real; the conduct was not prohibited — orders have specific terms, and conduct outside them (court-permitted child exchange communication, for example) is not a violation; and fabrication or setup — including petitioner-initiated contact then reported selectively, which complete phone records expose. What is not a defense: the petitioner’s consent, the unfairness of the underlying injunction (challenge it by motion, not by violating it), or intoxication. Anyone charged should also expect the violation to be used in the family case; with over 89 years of combined experience, our team defends the criminal charge with the custody and injunction consequences in view. See also defending against an injunction.
My ex keeps texting from new numbers. Is each text a violation?
Each prohibited contact is a violation, and the pattern is what escalates charges and supports aggravated stalking. Report and preserve every one — rotating numbers actually strengthens the willfulness showing, since it proves deliberate evasion.
The protected person invited me over. Can I go?
No. The injunction binds you regardless of their invitation, and people have been arrested at the petitioner’s own kitchen table. If both of you want contact, the only safe route is a court order modifying or dissolving the injunction — until then, every contact is a crime.
What happens at a first-violation arrest?
Arrest, first appearance, and typically pretrial release conditions that mirror or tighten the injunction. A first offense is a misdemeanor punishable by up to a year, though outcomes vary with the conduct and record — and the violation immediately strengthens the injunction side of any family litigation.
We ran into each other at the mall. Am I in trouble?
Chance encounters are not willful violations — if you leave promptly. Staying, approaching, or following converts accident into crime. Document the encounter (time, place, who left) in case it is reported differently.
Enforcement Is Where Protection Becomes Real
Whether you need an order enforced or a charge defended, violation cases move fast and turn on records. The Law Office of John Vernon Moore, P.A. serves clients throughout Melbourne, Palm Bay, Viera, and Titusville. Call (321) 529-7777 or schedule a consultation today.