Violation of Repeat Violence Injunction, Penalties in Florida
Overview
A Repeat Violence Injunction in Florida is a legally binding court order issued to protect a person from someone who has committed at least two incidents of violence or stalking. Once the court grants the injunction, both parties are legally obligated to follow every condition it sets. Violating this order is not merely a civil issue — it is a criminal offense governed by Florida Statute §784.047. This statute outlines specific penalties for individuals who intentionally disobey injunctions for protection against repeat, sexual, or dating violence, as well as those involving stalking or cyberstalking. A violation is treated as a separate crime, punishable by arrest, jail time, fines, and long-term legal consequences that can severely affect the respondent’s record, employment, and firearm rights.
Florida takes injunction violations very seriously because they represent not just a technical breach of court orders, but a renewed threat to a person’s safety. Law enforcement officers have authority to arrest violators immediately without a warrant when there is probable cause that an injunction has been violated. The penalties depend on the nature of the violation and whether it is a first or repeat offense. Most first-time violations are classified as a first-degree misdemeanor, punishable by up to one year in jail and a $1,000 fine. However, repeat or aggravated violations, especially those involving stalking or violence, can be prosecuted as third-degree felonies carrying up to five years in prison and a $5,000 fine. The statute is designed to ensure that protection orders carry meaningful weight and to deter respondents from testing or defying the court’s authority.
Beyond criminal punishment, violating an injunction can also lead to civil contempt findings, probation extensions, or modifications that strengthen restrictions on the respondent. The court may also order the surrender of firearms and ammunition, mandate counseling, or revoke visitation privileges. For petitioners, understanding these penalties is crucial to recognizing the seriousness of enforcement. For respondents, awareness of these consequences emphasizes the need for strict compliance. Florida’s injunction system protects victims not just with paper orders but with real, enforceable penalties backed by the full force of law.
Who Can Apply for a Repeat Violence Injunction in Florida
Under Florida Statute §784.046, a Repeat Violence Injunction is available to anyone who has suffered two or more incidents of violence or stalking by another person, with at least one incident occurring within the last six months. You do not need to have a domestic, family, or dating relationship with the respondent. This type of injunction is meant for victims who fall outside those categories — for instance, neighbors, co-workers, classmates, or acquaintances. The protection extends not only to the direct victim but also to a parent or legal guardian acting on behalf of a minor child who lives at home and has experienced repeat violence.
To qualify, the petitioner must allege two distinct incidents of violence or stalking, each supported by specific facts such as dates, locations, threats, or injuries. The first incident establishes the pattern, and the second, more recent one (within six months), triggers eligibility. Violence is defined broadly under Florida law to include assault, battery, sexual assault, kidnapping, false imprisonment, or any other criminal act resulting in physical injury or death. Stalking, including cyberstalking, also qualifies as a form of violence. Both incidents must be intentional acts directed at the petitioner or an immediate family member. The law does not require a police report or criminal charges, but the petitioner’s sworn statement must describe the conduct with enough detail for the court to determine that the danger is real and ongoing.
Parents may file on behalf of minors when the child lives at home and has been targeted by repeat violence. For example, a parent could file against an adult who repeatedly threatened or assaulted their teenager at school or online. In such cases, the parent must describe the incidents from the child’s perspective and explain the continuing fear or danger. The court evaluates these cases with particular care to prevent retaliation or emotional harm. The petitioner must also sign the form under penalty of perjury, certifying that all facts are true to the best of their knowledge. False statements can lead to dismissal and potential criminal penalties, but truthful, detailed petitions are highly effective in securing immediate protection.
A petitioner may file in the county where they live, where the respondent lives, or where the violence occurred. No filing fee is charged, and clerks are required by law to provide simplified forms and clerical assistance. Because the process is civil, you do not need an attorney to file, and the court will review your petition the same day or the next business day. If immediate danger is found, a temporary injunction can be issued on the spot, granting immediate protection until a full hearing is held. Law enforcement serves the respondent free of charge. These procedural safeguards make the injunction system accessible to all victims, regardless of income or legal experience.
In short, any Florida resident or guardian of a minor who can show two or more qualifying incidents of violence or stalking (one within six months) is eligible to apply. The relationship between petitioner and respondent does not need to be domestic or romantic. The system’s intent is to close the protection gap for victims who are repeatedly threatened or attacked by non-family members — ensuring that safety and legal recourse are available to all.
Benefits of Understanding the Injunction Timeline
Knowing how the timeline for a Repeat Violence Injunction works gives petitioners a major strategic advantage. The process moves quickly, and each stage — filing, judicial review, service, and hearing — carries strict deadlines that determine how fast protection becomes effective. Understanding this timeline helps victims avoid procedural delays, missed hearings, or temporary protection lapses that could leave them exposed. It also helps respondents understand their legal rights and responsibilities to avoid unintentional violations.
The injunction process begins with filing the verified petition. A judge reviews it the same day or the next business day to decide whether a temporary (ex parte) injunction is necessary. This temporary order lasts up to 15 days and provides immediate no-contact protection until the full evidentiary hearing. During this short window, the sheriff must personally serve the respondent with all documents, including the petition and hearing notice. The hearing is then held before the temporary order expires, usually within one to two weeks. This accelerated schedule ensures that victims do not wait long for final protection and that respondents have an opportunity to defend themselves promptly.
For petitioners, mapping the timeline means knowing exactly what to expect: when to appear, what documents to bring, and how to maintain safety while awaiting service. For example, petitioners can coordinate with the sheriff’s office to ensure that service is attempted quickly or request a continuance if service is delayed. Those steps prevent the order from lapsing. Petitioners should also plan evidence collection early — printed screenshots, call logs, photos, and witness statements — to present at the final hearing. The clearer and more organized your evidence, the more likely the court will issue a long-term injunction.
The benefits of understanding the injunction timeline extend beyond immediate protection. After the final order is issued, knowing when it expires allows petitioners to seek timely extensions without gaps. A well-timed motion to extend ensures continuous coverage and keeps law enforcement authority intact. Conversely, misunderstanding these timeframes can lead to dismissals, service delays, or unprotected periods between hearings. Ultimately, the timeline is both a roadmap and a shield: it keeps your case moving, preserves your safety, and strengthens your legal standing at every stage.
Step 1: Understanding What Constitutes a Violation
Under Florida Statute §784.047(1), violating a repeat violence injunction occurs when a person willfully disobeys any term of the court’s order. “Willfully” means intentionally — not accidentally or by mistake. The law outlines several specific actions that qualify as violations. These include returning to a petitioner’s home or workplace, directly or indirectly contacting the petitioner (through calls, texts, emails, or social media), or coming within a prohibited distance such as 500 feet of protected places. Even actions that seem minor — such as liking a post on social media, driving past the petitioner’s residence, or sending messages through mutual acquaintances — can constitute violations if they are perceived as harassment or intimidation.
It’s important to note that each violation counts separately. For example, if a respondent sends multiple text messages after being ordered to cease contact, each message could be treated as an individual offense. Violations may also include failing to surrender firearms, refusing to attend mandated counseling, or showing up at court hearings where the petitioner is present if the order prohibits it. The law is written broadly to capture any conduct that undermines the injunction’s protective intent.
Injunctions for protection against repeat violence are often specific in their terms, but ambiguity does not protect a respondent from liability. Courts interpret violations from the perspective of the victim’s safety — not the respondent’s intent to harass. If an act causes fear, distress, or violates a no-contact provision, it can qualify as a criminal offense. Law enforcement does not need to witness the violation firsthand; a sworn statement from the petitioner supported by evidence (texts, photos, witnesses) is often enough for arrest. Petitioners should immediately contact law enforcement upon any violation, while respondents must understand that ignorance of the order or “accidental” contact is not a defense.
Step 2: Law Enforcement Authority and Immediate Arrest
Florida’s injunction enforcement system gives law enforcement officers the power to arrest violators immediately — without a warrant — when there is probable cause to believe an injunction has been violated. This is codified in §901.15(6) of the Florida Statutes. Probable cause can be established through the petitioner’s sworn testimony, physical evidence like phone records, or witness statements. The goal is to remove the violator from the situation before any escalation occurs. Officers are trained to verify the injunction through the Florida Crime Information Center (FCIC) database, which maintains a statewide registry of all active injunctions. Once confirmed, an officer can detain the respondent and forward the case to the State Attorney’s Office for prosecution.
This “zero tolerance” approach exists to prevent repeat incidents and to send a clear message that injunctions are not symbolic — they carry real consequences. Violators are booked into county jail and must remain there until their first appearance before a judge, typically within 24 hours. The court can then impose bond conditions, additional no-contact orders, or revoke previous privileges. Repeat offenders often face stricter pretrial terms, such as GPS monitoring or mandatory counseling. If the violation involved a threat or physical contact, prosecutors may pursue enhanced charges, upgrading the case from misdemeanor to felony under §784.047(2).
For petitioners, understanding law enforcement’s authority is key to ensuring safety. Every violation should be reported immediately — even if it seems minor. Police reports serve as both a record for prosecution and evidence for future injunction renewals. Petitioners should request an incident report number each time they file a complaint. Respondents, on the other hand, must take extraordinary caution to avoid even unintentional contact. Courts do not excuse misunderstandings, and judges routinely advise respondents to stay completely away from the petitioner, shared spaces, or digital platforms where indirect contact could occur.
Law enforcement’s swift action not only deters further violations but also reinforces confidence in the legal system. By empowering officers to arrest without warrant, Florida ensures that injunctions remain meaningful protective tools rather than empty promises. The immediacy of arrest reflects the seriousness of violating a protection order — every act of disobedience is treated as a direct challenge to judicial authority and public safety.
Step 3: Criminal Penalties Under Florida Statute §784.047
The penalties for violating a Repeat Violence Injunction are clearly defined under Florida Statute §784.047. A person who knowingly violates any provision of a protective injunction commits a first-degree misdemeanor, punishable by up to one year in jail, twelve months of probation, and a fine of up to $1,000. However, if the violation involves stalking, aggravated stalking, or repeated harassment after prior convictions, it may escalate to a third-degree felony under §784.048(9), carrying penalties of up to five years in prison and a $5,000 fine. Even if no physical violence occurs, any willful contact in violation of a “no-contact” clause is enough to trigger arrest and prosecution.
Courts consider the context and intent behind each violation. Direct threats, intimidation, or presence at restricted locations (like a petitioner’s home or workplace) are treated as aggravating factors. Repeat offenders face cumulative penalties — meaning each new charge adds to prior criminal history and increases sentencing exposure. Judges also have authority to impose additional restrictions, such as electronic monitoring, mandatory anger management, or batterers’ intervention programs. These sanctions aim to modify behavior while protecting victims from escalation.
Beyond incarceration, a conviction for violating an injunction carries lifelong implications. It becomes part of the respondent’s permanent criminal record, visible to employers, landlords, and licensing boards. The conviction cannot be sealed or expunged, as Florida law prohibits record clearance for violent or injunction-related offenses. Additionally, federal law prohibits individuals convicted of such offenses from owning or possessing firearms. This restriction applies indefinitely and is enforced through the National Instant Criminal Background Check System (NICS). Many defendants also lose eligibility for certain professional licenses or face immigration consequences.
For petitioners, these penalties provide reassurance that the law recognizes and enforces their right to safety. For respondents, they serve as a warning: an injunction is not a suggestion—it is a court order backed by criminal law. Florida’s injunction enforcement structure reflects the state’s commitment to zero tolerance for repeat violence. Whether the violation involves a text message, a confrontation, or continued stalking, the outcome is the same — swift arrest, prosecution, and lasting consequences. Understanding §784.047 helps both parties navigate the system with clarity: compliance ensures peace, while defiance guarantees punishment.
Step 4: Filing the Petition and Requesting Immediate Protection
Once you have completed Florida Supreme Court Family Law Form 12.980(f), the next step is filing your petition at the circuit court clerk’s office in the appropriate county — where you live, where the respondent lives, or where one of the incidents occurred. Filing is free by law, and the clerk must provide both simplified forms and clerical assistance. You do not need a lawyer. The petition must be verified, meaning you sign it under penalty of perjury, and it should include detailed descriptions of each violent incident, including dates, locations, and any injuries, threats, or law enforcement involvement. The goal is to show the judge that there is an immediate and present danger of repeat violence.
After filing, a judge reviews your petition the same day or the next business day. If the judge finds enough evidence of immediate danger, a temporary (ex parte) injunction will be issued without the respondent present. This temporary order typically lasts up to fifteen days and prohibits contact, harassment, or any approach toward you, your family, or your workplace. The judge will also set a date for the final hearing, where both sides can present evidence. If the judge does not grant the temporary order, the hearing will still occur — meaning you still have an opportunity to prove your case in court.
Understanding this step’s timing is critical. The court’s speed depends on how quickly you file and how complete your petition is. Missing details or vague statements (“I felt unsafe” without context) can delay the process or lead to denial of temporary protection. Therefore, it’s best to bring all relevant documents at the time of filing: police reports, photos, screenshots, or witness statements. These strengthen your petition’s credibility and help the judge make a swift decision. Once the order is signed, it becomes effective only after the respondent is served — which means your next focus is on service.
Many Florida counties now accept electronic filings for attorneys but require self-represented petitioners to file in person. However, clerks in violence injunction units are trained to assist victims confidentially. If you need address protection, request the confidential address form at the counter. The clerk will ensure your personal information remains sealed. Once your temporary injunction is signed, obtain at least one certified copy for your records and one for your employer or school security if applicable. That document is enforceable statewide — any law enforcement officer can arrest the respondent for violation once it’s served.
Step 5: Service of Process and Coordination with Law Enforcement
A Repeat Violence Injunction becomes legally enforceable only after the respondent has been personally served with the petition, hearing notice, and any temporary order. The clerk of court forwards these documents to the sheriff’s office for service, which is performed free of charge for the petitioner. You must provide all known addresses for the respondent — home, work, school, or places they frequent — to increase the chance of prompt service. If the respondent cannot be located, the sheriff will make multiple attempts and file a return of non-service; the court may extend the temporary injunction to allow more time for service if needed.
Petitioners should maintain contact with the sheriff’s office to confirm whether service has been completed. Ask for a case or reference number and note the deputy handling the matter. Timely service ensures that the final hearing proceeds without delay. If service has not occurred by the hearing date, you may appear and request a continuance; courts usually grant one and extend temporary protection so that no gap occurs. It’s essential to bring proof of attempted service, such as sheriff’s affidavits or communication logs.
Safety planning is crucial at this stage. The period between filing and service is often when respondents react unpredictably, especially if they suspect a court case is pending. Stay alert, vary routines, and inform trusted contacts of your schedule. If you feel unsafe, notify local law enforcement and consider contacting a victim advocate who can help with emergency planning. Once service is confirmed, the injunction terms are enforceable statewide, and any violation — even indirect contact — becomes grounds for arrest under §784.047.
Respondents should understand that once served, even indirect actions such as social media tagging or messages through mutual acquaintances count as violations. For petitioners, this step ensures legal protection becomes tangible. Carry a certified copy of your injunction with you; law enforcement can act immediately upon presentation. The state’s electronic verification system allows officers anywhere in Florida to confirm active injunctions, further strengthening safety for victims.
Step 6: The Final Hearing — Presenting Evidence and Securing a Long-Term Order
The final hearing is your opportunity to present the facts of your case in full detail before the judge. It is usually held within fifteen days of filing, but may be extended for good cause, such as delayed service. You should bring three sets of all evidence: one for the court, one for yourself, and one for the respondent. Evidence may include police reports, photos of injuries or property damage, text messages, emails, call logs, or witness testimony. If you have witnesses, inform them of the date and time in advance. Courts generally allow both live testimony and written, notarized statements when a witness cannot attend.
During the hearing, you will be placed under oath. The judge may ask clarifying questions to establish whether the two incidents meet the statutory definition of repeat violence and whether continued protection is necessary. You should describe each incident separately, giving precise details — who, what, when, where, and how. Avoid emotional generalizations and focus on concrete facts. For example: “On June 10th, the respondent followed me home and yelled threats at my door; on September 1st, the respondent grabbed my wrist outside my workplace.” Specificity strengthens credibility and helps the judge match your facts to the statutory requirements.
Respondents will have an opportunity to testify or present their own witnesses, but you should remain calm and professional throughout. When both sides have finished, the judge will decide whether to issue a Final Judgment of Injunction for Protection Against Repeat Violence. If granted, the order will specify exact distances, communication restrictions, firearm surrender requirements, and the injunction’s duration. Most final injunctions last for a defined period — often one year — but they may be extended or made indefinite depending on the severity and pattern of conduct.
Before leaving the courtroom, review the written order carefully. Verify that all your requested restrictions are clearly listed and that your addresses are correct. Ask for at least two certified copies. Once signed, the injunction is enforceable statewide, and law enforcement officers can make warrantless arrests for any violations. This hearing is your pivotal moment — preparation and factual precision determine how long and how strong your protection will be.
Step 7: Enforcement and Compliance — Ensuring Continued Safety
After the final injunction is issued, your protection does not end with the court hearing — enforcement is an ongoing process. Both parties must follow the order exactly as written. For the petitioner, that means reporting every violation immediately; for the respondent, it means maintaining strict compliance and avoiding all contact. Violations of injunctions are criminal offenses under §784.047 and can lead to arrest, fines, and jail time. Law enforcement officers throughout Florida can verify injunctions in real time through the Florida Crime Information Center database and act on the spot without a warrant.
Petitioners should distribute certified copies of their injunction to key locations: workplaces, schools, daycare centers, and home security offices. Provide each site with clear instructions and a contact number for local law enforcement. Keeping a violation log — including dates, times, screenshots, or witness details — strengthens your position if future enforcement or modification is required. You should also notify the clerk immediately if your address or contact information changes, especially if confidentiality measures are in place.
Respondents are encouraged to read the injunction carefully and seek legal advice if unsure about any provision. Courts treat even indirect contact as a breach; replying to messages, sending apologies, or appearing in shared public spaces can all trigger arrest. Compliance is not just a legal obligation — it also demonstrates respect for the court and may influence future modification requests. Noncompliance, by contrast, leads to swift penalties and permanent criminal records.
Enforcement is supported by Florida’s victim assistance infrastructure. Local victim advocates and the State Attorney’s Office can guide petitioners through the process of reporting violations and gathering evidence. If violations persist, you may file a motion for enforcement or contempt asking the court to impose additional sanctions. Judges may strengthen restrictions, extend the injunction’s duration, or order the respondent to attend behavioral programs. The system’s power lies in its enforceability — an injunction is not just paper; it’s an ongoing commitment by the court and law enforcement to keep you safe.
Step 8: Modifying or Extending the Injunction
A Repeat Violence Injunction is not static; it can be modified, extended, or dissolved depending on how circumstances evolve. Most injunctions in Florida are issued for a fixed term — typically one year — though some judges set indefinite durations in serious cases. If you continue to experience fear, harassment, or contact as the expiration date approaches, you have the right to request an extension. The process is straightforward but time-sensitive. You should file a written motion to extend at least 30 to 60 days before the order expires, citing reasons why continued protection is needed. Attach a sworn statement describing any ongoing threats, contact attempts, or new incidents since the original order.
The court will then schedule a short hearing before the current injunction expires. Both parties will receive notice and have the opportunity to present evidence. If the judge finds that the petitioner still has a reasonable fear of repeat violence, the injunction will be extended — sometimes for an additional year, sometimes indefinitely. Importantly, the law does not require a new act of violence to justify extension; a continuing fear supported by prior incidents can be enough. However, documented harassment, digital contact attempts, or surveillance behavior significantly strengthen the request.
Modifications work similarly. If you move to a new residence, change employment, or discover new places that should be protected, you may file a motion to modify the injunction. Clearly state the requested changes — such as updated addresses, increased distance restrictions, or new contact limitations — and explain why the current order is insufficient. Courts prefer precise, factual motions supported by examples (“Respondent appeared in my new parking lot twice this month”). Once the modification is granted, make sure to get certified copies of the updated order and distribute them to all relevant locations (school, workplace, law enforcement).
Dissolution — ending the injunction — requires a written motion and a short hearing. The court will confirm that the petitioner voluntarily seeks to dissolve and that there is no coercion or external pressure. If granted, the injunction is lifted, and law enforcement is notified. However, if the respondent requests dissolution, they must prove a substantial change in circumstances showing that the fear of violence no longer exists. Courts review such requests carefully and often deny them unless there is compelling evidence of rehabilitation and non-contact. Properly timing and handling extensions or modifications ensures continued protection without procedural gaps, maintaining the injunction’s power and relevance.
Step 9: Penalties for Violation — Understanding §784.047 Enforcement
Once the injunction is active, any violation of its terms is a criminal offense under Florida Statute §784.047. Violations include returning to a prohibited location, contacting the petitioner directly or indirectly, damaging property, or refusing to surrender firearms when ordered. A first violation is a first-degree misdemeanor, punishable by up to one year in jail, one year of probation, and a $1,000 fine. More serious or repeated violations, especially those involving stalking or threats, can be charged as third-degree felonies, punishable by up to five years in prison and a $5,000 fine. Each separate act of violation can result in a new criminal charge, meaning multiple offenses quickly compound into severe penalties.
Florida law authorizes officers to make a warrantless arrest if they have probable cause to believe an injunction was violated. Petitioners only need to report the incident and provide evidence, such as messages, photos, or witness statements. Officers can verify the injunction instantly through the Florida Crime Information Center (FCIC) database and take the violator into custody immediately. The State Attorney’s Office will then decide whether to prosecute. In some cases, especially when threats or stalking occur, prosecutors may enhance the charges to include aggravated stalking or violation of probation.
For petitioners, the most important step after a violation is documentation. Create a clear log of each incident — dates, times, screenshots, police report numbers — and keep copies of all communication with law enforcement. This documentation not only strengthens future enforcement but also supports potential extensions of your injunction. Respondents, on the other hand, should understand that even “innocent” actions — a text, an online mention, or third-party contact — can constitute violations. Courts and law enforcement err on the side of victim safety; any perceived breach is treated seriously.
Beyond criminal penalties, violations may lead to civil contempt findings or increased restrictions. Judges may modify the injunction to extend its duration, add locations, or impose mandatory counseling. Repeated offenders may lose firearm rights permanently or face enhanced felony charges. In extreme cases, violations also affect related matters like custody, visitation, or professional licensing. Understanding §784.047 is essential for both parties — it underscores that Florida’s injunction system has real power, and disobedience carries swift, lasting consequences.
Step 10: Long-Term Safety, Renewal, and Support Resources
Securing a Repeat Violence Injunction is only the beginning — maintaining safety over time requires awareness, planning, and connection with available resources. The injunction protects you legally, but your personal safety plan ensures that legal protection translates into real-world security. Keep multiple certified copies of your injunction — one at home, one at work or school, and one with a trusted friend or family member. Update your safety contacts and let them know what to do if they see or hear from the respondent. Many petitioners also share copies with local police departments so officers are familiar with the case before an emergency arises.
Regularly review your injunction’s expiration date and file for renewal well in advance. Most clerks recommend filing at least 60 days before expiration to ensure uninterrupted protection. Keep detailed records of any continued contact attempts, even minor ones. Consistent documentation provides strong justification for an extension or modification. If your circumstances change — such as moving to a new home or changing jobs — update your contact information confidentially with the court so you continue receiving notices without compromising safety.
For ongoing support, connect with Florida’s certified domestic violence centers and victim advocacy programs. They provide counseling, emergency shelter, and legal aid referrals. These organizations also assist with safety planning, relocation strategies, and emotional recovery. If you ever feel uncertain about the injunction’s enforcement or encounter procedural confusion, contact the clerk’s domestic violence division or the Florida Coalition Against Domestic Violence hotline for guidance.
Finally, understand that healing and stability take time. Many survivors experience ongoing anxiety after court proceedings. Seeking professional counseling or support groups helps reinforce confidence and emotional resilience. Remember: the law’s protection is ongoing, but your safety also depends on preparation and awareness. By combining the legal structure of your injunction with proactive safety habits and community resources, you can ensure lasting peace, security, and empowerment long after the courtroom doors close.
Associated Costs
Good news: for victims/petitioners, the system is essentially fee-free. There is no filing fee to obtain the underlying Repeat Violence Injunction, and sheriff’s service of the petition and orders is also free. Reporting and prosecuting a violation under §784.047 carries no cost to the petitioner—law enforcement and the State Attorney handle it. Typical optional/ancillary expenses include:
- Certified copies: Usually $2–$5 per copy (courts, employer/school security, personal records).
- Evidence prep: Printing screenshots, messages, and photos; nominal copying/scanning costs.
- Transportation/time: Getting to hearings (many circuits support remote appearances when requested).
- Attorney (optional): Many proceed pro se; legal-aid/advocacy help is often free or low-cost; private counsel varies.
- Out-of-state service (rare): Often coordinated at no cost via the receiving sheriff; a private process server is optional if you choose to accelerate service.
If a respondent is convicted for violating the injunction, criminal fines, court costs, probation fees, counseling, and other sanctions are imposed on the respondent, not the petitioner. If property damage or out-of-pocket losses occur, restitution can be addressed in the criminal case or via a separate civil claim. Victims may also explore help through the Florida Crime Victim Compensation Program for relocation, counseling, or security-related expenses.
Time Required
Penalties flow on a fast track compared with typical civil disputes:
- Immediate enforcement: Once an injunction is active and served, police can make a warrantless arrest upon probable cause of a violation (often same day).
- First appearance: Typically within 24 hours after arrest; the court may set bond and add stricter no-contact terms.
- Charging decision: The State Attorney reviews evidence quickly; simple contact violations are often filed as first-degree misdemeanors; aggravated patterns can be charged as felonies.
- Criminal case timelines: Arraignment generally within a few weeks; pretrial settings follow. Many misdemeanor violation cases resolve within 1–3 months; felonies can take longer depending on discovery and motions.
- Contempt/enforcement (civil track): If you also file a motion for contempt in the injunction case, courts often set a short hearing within 2–4 weeks, sometimes faster.
- Renewal/extension of the underlying injunction: File 30–60 days before expiry; hearings are brief and typically calendared within 1–2 weeks.
Practical takeaway: report violations immediately, ask for an incident number, and keep a simple evidence log (dates, times, screenshots). Swift reporting accelerates arrest, charging, and any court-based sanctions.
Limitations & Practical Cautions
- “Willful” element: §784.047 targets intentional disobedience. Accidental proximity in a large public place may be litigated; however, courts interpret close calls against the respondent. When in doubt, respondents must retreat immediately.
- Indirect and digital contact count: Third-party relays, tagging, DMs, reactions/“likes,” geo-fencing harassment, and burner accounts can qualify as violations if they break no-contact or harassment terms.
- Scope is order-specific: Police enforce the text of the injunction. If new addresses, workplaces, schools, or platforms become relevant, the petitioner should modify the order promptly for crisp enforcement.
- Not a shield against all incidental presence: If an order doesn’t bar entry to a courthouse, store, or public thoroughfare, enforcement hinges on set distances/behaviors. Precision in the order reduces ambiguity and escalations.
Authoritative References and Statutory Links
- Florida Statute §784.046 — Repeat, Dating, and Sexual Violence Injunctions
- Florida Statute §784.047 — Penalties for Violating Injunctions
- Florida Supreme Court Form 12.980(f) — Petition for Injunction for Protection Against Repeat Violence
- Florida Courts — Overview for Petitioners and Victims of Repeat Violence
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