Is violating a domestic violence injunction a felony in Florida?

A first violation of a domestic violence injunction is a first-degree misdemeanor under Florida Statute 741.31, punishable by up to one year in county jail. However, a second or subsequent violation is a third-degree felony, punishable by up to five years in state prison. Additionally, if the violation involves an act of violence, stalking, or aggravated stalking, the charge can be elevated to a felony regardless of whether it is the first violation.

Can you get bail after violating a domestic violence injunction?

Yes, but bail is not automatic. Florida requires a mandatory arrest for any violation of a domestic violence injunction, and the defendant must be held for a minimum of 24 hours before being eligible for First Appearance. The judge at First Appearance will set bond conditions that typically include a renewed no-contact order, GPS monitoring, and sometimes mandatory anger management enrollment before release.

Does a text message count as a violation of a domestic violence injunction?

Yes. A standard Florida domestic violence injunction prohibits all forms of contact with the protected person, including phone calls, text messages, emails, social media messages, contact through third parties, and physical proximity. A single text message, even one that is apologetic or non-threatening, constitutes a criminal violation of the injunction and can result in arrest.

Domestic Violence Injunction Violations and Bail

Florida courtroom with injunction for protection document on judge bench

QuickBail Team The QuickBail editorial team — licensed bail bond professionals serving all 67 Florida counties, available 24/7 at (941) 477-6888.

Published on: May 7, 2026

A domestic violence injunction (commonly called a restraining order) is a civil court order that prohibits specific contact and conduct between the respondent and the protected person. In Florida, these injunctions are governed by Florida Statute 741.30, and they carry the full weight of criminal enforcement. Violating any term of a domestic violence injunction is not a civil contempt matter. It is a criminal offense under Florida Statute 741.31, and it triggers a mandatory arrest with no officer discretion.

This distinction catches many respondents off guard. They received the injunction in a civil courtroom. A family law judge signed it. It feels like a family court matter. But the moment any term of that order is broken, the case shifts from the civil division to the criminal division. The respondent is arrested, booked into the county jail, and charged with a criminal offense that carries potential jail or prison time.

What Constitutes a Violation

A standard Florida domestic violence injunction typically includes the following prohibitions:

No direct or indirect contact with the protected person by any means, including in person, by telephone, by mail, by email, by text message, or through social media.
No contact through third parties (asking a friend, family member, or child to relay a message).
No going within 500 feet of the protected person's residence, workplace, school, or any location the protected person regularly frequents.
No acts of violence, threats, harassment, or stalking directed at the protected person.
Surrender of all firearms and ammunition within 24 hours of the injunction being served.

Any single violation of any single term is sufficient for arrest. The violation does not need to involve physical contact or a threat. A text message that says "I hope you're doing okay" violates the no-contact provision. Driving past the protected person's house, even if you do not stop, violates the proximity restriction. Sending flowers through a delivery service violates the indirect contact prohibition. Florida courts interpret these restrictions broadly, and law enforcement applies them literally.

Critical Warning: The most common violation scenario is the respondent and the protected person voluntarily resuming contact. Even if the protected person initiates the contact (calls you first, invites you to visit), responding to that contact while the injunction is active is still a criminal violation for the respondent. Only the person who obtained the injunction can petition the court to modify or dissolve it. The respondent cannot consent their way out of compliance.

The Mandatory Arrest Rule

Under Florida Statute 741.31(4), when a law enforcement officer has probable cause to believe that a respondent has violated a domestic violence injunction, the officer must arrest the respondent. There is no discretion. The officer cannot issue a warning, issue a citation, or decide that the violation was minor. Mandatory arrest means mandatory arrest.

This is distinct from how officers handle many other criminal offenses, where they have discretion to issue a notice to appear (NTA) instead of making a physical arrest. Injunction violations do not qualify for NTA processing. The respondent goes to jail, full stop.

Criminal Penalties for Injunction Violations

First Violation (First-Degree Misdemeanor)

A first violation of a domestic violence injunction under FS 741.31 is classified as a first-degree misdemeanor. The maximum penalties are:

Up to 1 year in county jail
Up to $1,000 in fines
Up to 1 year of probation
Mandatory completion of a Batterer's Intervention Program (BIP)
Community service hours

Second or Subsequent Violation (Third-Degree Felony)

A second violation of a domestic violence injunction, or any violation that involves an act of violence, is a third-degree felony. The maximum penalties increase dramatically:

Up to 5 years in state prison
Up to $5,000 in fines
Up to 5 years of felony probation
Permanent felony conviction record

Aggravated Stalking Enhancement

If the violation involves a pattern of conduct that constitutes stalking (FS 784.048), the charge can be elevated to aggravated stalking, a third-degree felony carrying up to 5 years regardless of whether it is a first violation. If the stalking behavior involves credible threats, the charge can reach aggravated stalking with a credible threat, which is punishable by up to 5 years in prison even as a standalone offense.

The Bail Process for Injunction Violations

After arrest for an injunction violation, the defendant is transported to the county jail and processed through standard booking. Florida law requires that the defendant be held for a minimum of 24 hours before being brought to First Appearance. This mandatory hold period is designed to create a cooling-off window and to allow the court to notify the protected person of the arrest.

At First Appearance, the judge sets bond conditions. For a first-offense misdemeanor violation, bond amounts typically range from $2,500 to $10,000, depending on the circuit and the specific facts. Felony violations carry higher bonds, often $15,000 to $50,000 or more.

Bond Conditions: Nearly every bond set for an injunction violation includes a renewed no-contact order as a condition of release. This means the original injunction remains in effect, and the criminal court adds its own no-contact condition on top of it. Violating the bond condition is a separate offense that results in immediate bond revocation.

Additional Bond Conditions

Judges handling injunction violation cases frequently attach enhanced conditions to the bond:

GPS ankle monitoring: Real-time location tracking to verify that the defendant is not approaching the protected person's residence or workplace.
Curfew: The defendant must be at their registered address during specified nighttime hours.
Batterer's Intervention Program (BIP): Enrollment must begin before the first pretrial conference.
No firearms possession: If the defendant had not already surrendered firearms under the original injunction, the criminal court will order it again.
Substance abuse assessment: If alcohol or drugs were involved in the violation, a mandatory evaluation and compliance with treatment recommendations.

The Mutual Contact Trap

One of the most common and most frustrating scenarios in injunction violation cases involves mutual contact. The protected person, who obtained the injunction, reaches out to the respondent. Maybe they call to discuss the children. Maybe they send a text asking the respondent to come pick up belongings. Maybe they invite the respondent to dinner because they want to reconcile. The respondent, believing the protected person's invitation amounts to permission, responds. And then gets arrested.

Florida law is unambiguous on this point: the protected person cannot authorize the respondent to violate the injunction. The only way to legally restore contact is for the protected person to file a motion to dissolve or modify the injunction and for the judge to grant it. Until that motion is granted, every response to the protected person's outreach is a criminal violation for the respondent.

This creates a particularly painful dynamic in cases involving shared children. The respondent needs to communicate about custody exchanges, school events, and medical decisions. Without a modification to the injunction that carves out specific exceptions for child-related communication (usually through a parenting app or a designated third party), any direct communication is a violation.

Defense Considerations

Injunction violation cases are defensible, but the defenses are narrow. Common defense strategies include:

Lack of knowledge: The respondent was never properly served with the injunction and did not know it existed. This defense requires proving that service of process was defective.
Insufficient evidence of contact: The prosecution must prove that the contact actually occurred. If the alleged violation is a text message, the prosecution must authenticate the phone records. If it is a physical proximity violation, they must prove the respondent was actually within the restricted distance.
Incidental contact: In some circuits, an unintentional encounter (running into the protected person at a grocery store) may not constitute a willful violation if the respondent immediately left the area. This defense is fact-specific and not universally accepted.
False report by the protected person: In some cases, the protected person fabricates a violation to gain advantage in a concurrent family law proceeding. Documenting the respondent's actual location through phone GPS data, surveillance footage, or witness testimony can disprove the allegation.

Frequently Asked Questions

If the protected person texts me first, can I respond?

No. Responding to contact initiated by the protected person is still a criminal violation for the respondent. Do not respond. Do not call back. Do not reply to the text. Screenshot the incoming contact, forward it to your attorney, and let your attorney handle it through the court.

Can I still see my children if there is a DV injunction?

Only if the injunction or a separate family court order specifically provides for parenting time. Many injunctions include provisions that address child custody and visitation. If the injunction is silent on children, you must petition the family court for a modification that addresses custody exchanges. Do not assume that your parental rights override the injunction's no-contact provisions.

How do I get the injunction lifted?

Only the protected person can petition to dissolve the injunction, or the respondent can file a motion to dissolve based on changed circumstances. The family court judge must approve the dissolution. The criminal case for the violation proceeds independently; dissolving the injunction does not dismiss the criminal charge for the prior violation.

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