Category: Criminal Offenses · Statute: F.S. 741.31 · Source: Florida Legislature
Understanding Violation of Injunction (Restraining Order) in Florida
In Florida, a Violation of Injunction occurs when an individual willfully disobeys a court-ordered protection mandate, commonly referred to as a restraining order. Under Florida Statute Section 741.31, these injunctions are typically issued to protect victims of domestic violence, repeat violence, dating violence, sexual violence, or stalking. A violation does not require physical contact; it can be triggered by actions such as sending a text message, showing up at the petitioner's workplace, coming within a specified distance of their residence, or communicating through a third party.
While a first-time violation is generally prosecuted as a first-degree misdemeanor, carrying penalties of up to one year in jail, the legal consequences escalate rapidly under Florida law. If an individual has prior convictions for violating an injunction, or if the violation involves a separate criminal act like aggravated stalking, cyberstalking, or physical assault, the state can elevate the charge to a third-degree felony. Because these orders are civil mandates enforced through the criminal justice system, even accidental or invited contact can result in an immediate arrest if law enforcement determines the respondent willfully breached the court's explicit terms.
Bail and Pretrial Release for Injunction Violations
Under Florida Statute Section 741.30, individuals arrested for violating a domestic violence injunction are subject to a mandatory hold and cannot be released on a standard bond schedule immediately after booking. Instead, they must remain in custody until they appear before a judge at a first appearance hearing, typically held within 24 hours. During this hearing, the judge will assess the safety of the petitioner and may impose strict pretrial release conditions, such as GPS monitoring or a mandatory "no-contact" order, before setting a specific bail amount.