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Florida Statute 741.31 | Lawyer Caselaw & Research
F.S. 741.31 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XLIII
DOMESTIC RELATIONS
Chapter 741
MARRIAGE; DOMESTIC VIOLENCE
View Entire Chapter
F.S. 741.31
741.31 Violation of an injunction for protection against domestic violence.
(1) In the event of a violation of the injunction for protection against domestic violence when there has not been an arrest, the petitioner may contact the clerk of the circuit court of the county in which the violation is alleged to have occurred. The clerk shall either assist the petitioner in the preparation of an affidavit in support of the violation or direct the petitioner to the office operated by the court within the circuit that has been designated by the chief judge of that circuit as the central intake point for injunction violations and where the petitioner can receive assistance in the preparation of the affidavit in support of the violation.
(2) The affidavit shall be immediately forwarded by the office assisting the petitioner to the state attorney of that circuit and to such court or judge as the chief judge of that circuit determines to be the recipient of affidavits of violation. If the affidavit alleges a crime has been committed, the office assisting the petitioner shall also forward a copy of the petitioner’s affidavit to the appropriate law enforcement agency for investigation. No later than 20 days after receiving the initial report, the local law enforcement agency shall complete their investigation and forward the report to the state attorney. The policy adopted by the state attorney in each circuit under s. 741.2901(2), shall include a policy regarding intake of alleged violations of injunctions for protection against domestic violence under this section. The intake shall be supervised by a prosecutor who, pursuant to s. 741.2901(1), has been designated and assigned to handle domestic violence cases. The state attorney shall determine within 30 working days whether its office will proceed to file criminal charges, or prepare a motion for an order to show cause as to why the respondent should not be held in criminal contempt, or prepare both as alternative findings, or file notice that the case remains under investigation or is pending subject to some other action.
(3) If the court has knowledge, based on its familiarity with the case, that the petitioner, the children of the petitioner, or another person is in immediate danger if the court fails to act prior to the decision of the state attorney to prosecute, it should immediately issue an order of appointment of the state attorney to file a motion for an order to show cause as to why the respondent should not be held in contempt. If the court does not issue an order of appointment of the state attorney, it shall immediately notify the state attorney that the court is proceeding to enforce the violation through criminal contempt.
(4)(a) A person who willfully violates an injunction for protection against domestic violence issued pursuant to s. 741.30, or a foreign protection order accorded full faith and credit pursuant to s. 741.315, by:
1. Refusing to vacate the dwelling that the parties share;
2. Going to, or being within 500 feet of, the petitioner’s residence, school, place of employment, or a specified place frequented regularly by the petitioner and any named family or household member;
3. Committing an act of domestic violence against the petitioner;
4. Committing any other violation of the injunction through an intentional unlawful threat, word, or act to do violence to the petitioner;
5. Telephoning, contacting, or otherwise communicating with the petitioner directly or indirectly, unless the injunction specifically allows indirect contact through a third party;
6. Knowingly and intentionally coming within 100 feet of the petitioner’s motor vehicle, whether or not that vehicle is occupied;
7. Defacing or destroying the petitioner’s personal property, including the petitioner’s motor vehicle; or
8. Refusing to surrender firearms or ammunition if ordered to do so by the court

commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, except as provided in paragraph (c).

(b)1. It is a violation of s. 790.233, and a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, for a person to violate a final injunction for protection against domestic violence by having in his or her care, custody, possession, or control any firearm or ammunition.
2. It is the intent of the Legislature that the disabilities regarding possession of firearms and ammunition are consistent with federal law. Accordingly, this paragraph shall not apply to a state or local officer as defined in s. 943.10(14), holding an active certification, who receives or possesses a firearm or ammunition for use in performing official duties on behalf of the officer’s employing agency, unless otherwise prohibited by the employing agency.
(c) A person who has two or more prior convictions for violation of an injunction or foreign protection order, and who subsequently commits a violation of any injunction or foreign protection order against the same victim, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083 or s. 775.084. For purposes of this paragraph, the term “conviction” means a determination of guilt which is the result of a plea or a trial, regardless of whether adjudication is withheld or a plea of nolo contendere is entered.
(5) Whether or not there is a criminal prosecution under subsection (4), the court shall order the respondent to attend a batterers’ intervention program if it finds a willful violation of a domestic violence injunction, unless the court makes written factual findings in its judgment or order which are based on substantial evidence, stating why a batterers’ intervention program would be inappropriate.
(6) Any person who suffers an injury and/or loss as a result of a violation of an injunction for protection against domestic violence may be awarded economic damages for that injury and/or loss by the court issuing the injunction. Damages includes costs and attorneys’ fees for enforcement of the injunction.
History.s. 2, ch. 86-264; s. 169, ch. 91-224; s. 6, ch. 94-134; s. 6, ch. 94-135; s. 8, ch. 95-182; s. 36, ch. 95-184; s. 6, ch. 95-195; s. 4, ch. 96-392; s. 19, ch. 96-402; s. 6, ch. 97-155; s. 3, ch. 98-284; s. 73, ch. 99-5; s. 14, ch. 2002-55; s. 1, ch. 2016-187.

F.S. 741.31 on Google Scholar

F.S. 741.31 on Casetext

Amendments to 741.31


Arrestable Offenses / Crimes under Fla. Stat. 741.31
Level: Degree
Misdemeanor/Felony: First/Second/Third

S741.31 4a - CONTEMPT OF COURT - VIOL INJUNCTION PROTECTION DOMESTIC VIOLENCE - M: F
S741.31 4b - CONTEMPT OF COURT - VIOL INJUNCT DOMEST VIOL POSS FIREARM/AMMO - M: F
S741.31 4c - CONTEMPT OF COURT - VIOL INJUN PROTECTION 2 OR MORE PRIOR CONVICT - F: T



Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 259 So. 3d 743 (Fla. 2018)

. . . Stalking 784.048(2) 8.6 Attempt 777.04(1) 5.1 Violation of injunction 741.31(4) 8.18 for protection against . . .

BENOIT, v. CITY OF LAKE CITY, FLORIDA, a L., 343 F. Supp. 3d 1219 (M.D. Fla. 2018)

. . . officers arrested him for: (1) willfully violating the Injunction in violation of Florida Statute section 741.31 . . . With respect to the first offense, Florida Statute section 741.31(4)(a)(5) provides that "[a] person . . . See id. § 741.31(4)(a)(5). . . .

S. SHAIKH, v. U. S. ATTORNEY GENERAL,, 688 F. App'x 804 (11th Cir. 2017)

. . . otherwise communicating with the Petitioner directly or indirectly,” in violation of Florida Statute § 741.31 . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 206 So.3d 14 (Fla. 2016)

. . . amended in 2016. 8.18 VIOLATION OF AN INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCEINJUNCT-IQN § 741.31 . . . (Defendant) willfully violated the injunction by (alleged violation of section 741.31(4)(a)). . . .

HALL, v. STATE, 181 So. 3d 581 (Fla. Dist. Ct. App. 2016)

. . . Statutes (2013), and violation of an injunction for protection against domestic violence under section 741.31 . . . Hall acted “willfully” in violating the injunction. § 741.31(4)(a)(3). . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 131 So. 3d 755 (Fla. 2013)

. . . 784.048(2) 8.6 Attempt 777.04(1) 5.1 Violation of injunction for protection against domestic violence 741.31 . . . 784.048(2) 8.6 Attempt 777.04(1) 5.1 Violation of injunction for protection against domestic violence 741.31 . . .

S. C. v. A. D., 67 So. 3d 346 (Fla. Dist. Ct. App. 2011)

. . . . § 741.31(4)(a). . . .

In AMENDMENTS TO THE FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS, 59 So. 3d 792 (Fla. 2010)

. . . except those regarding child support and/or alimony, which constitutes a criminal act under section 741.31 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 995 So. 2d 476 (Fla. 2008)

. . . 784.048(2) 8.6 Attempt 777.04(1) 5.1 Violation of injunction for protection against domestic violence 741.31 . . .

SANDO, v. STATE Al, 972 So. 2d 271 (Fla. Dist. Ct. App. 2008)

. . . See § 741.31(2), Fla. Stat. (2007); see also § 741.2901(2), Fla. . . . Sando to show cause why she should not be held in criminal contempt for violating the injunction. § 741.31 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 965 So. 2d 811 (Fla. 2007)

. . . and was amended in 2000 [765 So.2d 692], and 2007. 8.18 VIOLATION OF DOMESTIC VIOLENCE INJUNCTION f§ 741.31 . . . (Defendant) willfully violated the injunction by (alleged violation of section 741.31(4)(a)). . . . Lesser Included Offenses VIOLATION OF DOMESTIC VIOLENCE INJUNCTION — 741.31 CATEGORY CATEGORY FLA. . . .

GORDON, v. STATE, 960 So. 2d 31 (Fla. Dist. Ct. App. 2007)

. . . in two distinct ways; either by the “state attorney” bringing a criminal prosecution under section 741.31 . . . Section 741.31 sets forth the procedures to be followed for a state attorney initiated criminal prosecution . . . gatekeeper for prosecuting section 741 injunction violations, it would not have designated section 741.31 . . .

BECKER, v. JOHNSON,, 937 So. 2d 1128 (Fla. Dist. Ct. App. 2006)

. . . enforced by a law enforcement agency as if it were the order of a Florida court issued under s. 741.30, s. 741.31 . . .

DIAZ- GONZALEZ, v. STATE, 932 So. 2d 528 (Fla. Dist. Ct. App. 2006)

. . . Statutes (2002), one count of violation of an injunction against domestic violence in violation of section 741.31 . . .

In AMENDMENTS TO THE FLORIDA FAMILY LAW RULES OF PROCEDURE, 905 So. 2d 865 (Fla. 2005)

. . . As such, the procedures set out in section 741.31(1), Florida Statutes, are to be followed for violations . . .

DOTY, v. STATE, 884 So. 2d 547 (Fla. Dist. Ct. App. 2004)

. . . Here, appellant was charged with violating a domestic violence injunction pursuant to section 741.31, . . . domestic violence may be violated is by committing an act of domestic violence against the petitioner, § 741.31 . . .

AMENDMENTS TO FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS- SEXUAL VIOLENCE FORMS, 880 So. 2d 579 (Fla. 2004)

. . . there is probable cause to believe that a person has committed a criminal act according to sections 741.31 . . .

AMENDMENTS TO FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS- SEXUAL VIOLENCE FORMS, 871 So. 2d 113 (Fla. 2004)

. . . Florida Statutes, for any violation of its provisions which constitutes a criminal act under section 741.31 . . . Florida Statutes, for any violation of its provisions which constitutes a criminal act under section 741.31 . . . except those regarding child support and/or alimony, which constitutes a criminal act under section 741.31 . . . except those regarding child suppoi't and/or alimony, which constitutes a criminal act under section 741.31 . . .

E. THEARD, v. THE STATE OF FLORIDA,, 861 So. 2d 103 (Fla. Dist. Ct. App. 2003)

. . . conviction and sentence imposed below for violating an injunction against domestic violence, see section 741.31 . . .

BYFORD, v. STEPHENS, a, 299 F. Supp. 2d 1253 (S.D. Fla. 2003)

. . . FSS 741.31 will be used to charge the respondent.” (Id. at ¶ 7.D). . . .

AMENDMENTS TO THE FLORIDA FAMILY LAW RULES OF PROCEDURE, 853 So. 2d 303 (Fla. 2003)

. . . As such, the procedures set out in section 741.31(1), Florida Statutes, are to be followed for violations . . .

AMENDMENTS TO FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS- DOMESTIC VIOLENCE, REPEAT VIOLENCE AND DATING VIOLENCE FORMS, 849 So. 2d 1003 (Fla. 2003)

. . . The Legislature further amended section 741.31, Florida Statutes (2001), to provide additional conduct . . .

J. RIEBSAME, v. PRINCE, s, 267 F. Supp. 2d 1225 (M.D. Fla. 2003)

. . . authorized to arrest for any violation of its provisions which constitutes a criminal act under section 741.31 . . .

AMENDMENT TO THE FLORIDA FAMILY LAW RULES OF PROCEDURE, 845 So. 2d 174 (Fla. 2003)

. . . As such, the proee-dures set out in section 741.31(1), Florida Statutes, are to be followed for violations . . .

AMENDMENTS TO THE FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS- DOMESTIC VIOLENCE FORMS, 830 So. 2d 72 (Fla. 2002)

. . . Florida Statutes, for any violation of its provisions which constitutes a criminal act under section 741.31 . . . except those regarding child support and/or alimony, which constitutes a criminal act under section 741.31 . . . except those regarding child support and/or alimony, which constitutes a criminal act under section 741.31 . . .

J. GRAVES, v. STATE, 821 So. 2d 459 (Fla. Dist. Ct. App. 2002)

. . . states that this is an appeal of a judgment and sentence for violation of injunction under section 741.31 . . . According to the record before this court, the appellant was not charged pursuant to section 741.31 but . . .

In AMENDMENTS TO THE FLORIDA FAMILY LAW RULES OF PROCEDURE, 783 So. 2d 937 (Fla. 2000)

. . . As such, the procedures set out in section 741.31(1), Florida Statutes, are to be followed for violations . . .

AMENDMENTS TO THE FLORIDA FAMILY LAW RULES OF PROCEDURE AND FAMILY LAW FORMS, 810 So. 2d 1 (Fla. 2000)

. . . See §§ 741.31(4)(a)(4), 784.047(4), Fla. Stat. (1999) (domestic and repeat violence, respectively). . . . As such, the procedures set out in section 741.31(1), Florida Statutes, are to be followed for violations . . . Florida Statutes, for any violation of its provisions which constitutes a criminal act under section 741.31 . . . except those regarding child support and/or alimony, which constitutes a criminal act under section 741.31 . . . except those regarding child support and/or alimony, which constitutes a criminal act under section 741.31 . . .

RIBEL, v. RIBEL,, 766 So. 2d 1185 (Fla. Dist. Ct. App. 2000)

. . . parte petition for injunction for protection against domestic violence pursuant to sections 741.28-741.31 . . .

HEGGS, v. STATE, 759 So. 2d 620 (Fla. 2000)

. . . Compare Ch. 95-182, §§ 8-10, at 1673-75 (amending section 741.31, creating section 768.35, and amending . . . Compare Ch. 95-182, §§ 8-10, at 1673-75 (amending section 741.31, creating section 768.35, and amending . . . Section 36 of chapter 95-184 amends section 741.31, Florida Statutes, to create a civil cause of action . . . Clearly located within the lengthy title is a reference to amending sections 741.31, 768.35, and 784.06 . . .

STATE v. THOMPSON,, 750 So. 2d 643 (Fla. 1999)

. . . In section 8 of chapter 95-182, the Legislature amended section 741.31, Florida Statutes (Supp.1994), . . .

STATE DEPARTMENT OF HIGHWAY PATROL, v. POLLACK,, 745 So. 2d 446 (Fla. Dist. Ct. App. 1999)

. . . is arrested by a law enforcement officer under the authority of s. 901.15(6) or for violation of s. 741.31 . . .

AMENDMENTS TO THE FLORIDA FAMILY LAW RULES OF PROCEDURE, 746 So. 2d 1073 (Fla. 1999)

. . . As such, the procedures set out in section 741.31(1), Florida Statutes, are to be followed for violations . . .

C. FRISS, v. STATE, 720 So. 2d 293 (Fla. Dist. Ct. App. 1998)

. . . The lower court pointed out in its order, however, that a violation of section 741.31(4), Florida Statutes . . .

AMENDMENTS TO THE FLORIDA FAMILY LAW RULES OF PROCEDURE, 723 So. 2d 208 (Fla. 1998)

. . . As such, the procedures set out in section 741.31(1), Florida Statutes, are to be followed for violations . . .

In AMENDMENTS TO THE FLORIDA FAMILY LAW RULES OF PROCEDURE, 717 So. 2d 914 (Fla. 1998)

. . . authorized to arrest for any violation of its provisions which constitutes a criminal act under section 741.31 . . . except those regarding child support and/or alimony, which constitutes a criminal act under section 741.31 . . .

BURK, v. WASHINGTON,, 713 So. 2d 988 (Fla. 1998)

. . . 1995, petitioner Shalon-da Washington (Washington) was arrested for an alleged violation of section 741.31 . . . Section 741.31 (4)(b) provides: (4) A person who willfully violates an injunction for protection against . . . proceeding, a violation of an injunction for protection which is not a criminal violation under s. 741.31 . . .

AMENDMENTS TO THE FLORIDA FAMILY LAW RULES, 713 So. 2d 1 (Fla. 1998)

. . . As such, the procedures set out in section 741.31(1), Florida Statutes, are to be followed for violations . . .

SIMPSON, v. CITY OF MIAMI,, 700 So. 2d 87 (Fla. Dist. Ct. App. 1997)

. . . . § 741.31, Fla. Stat. (1995). . . .

BAUMGARTNER, v. BAUMGARTNER,, 693 So. 2d 84 (Fla. Dist. Ct. App. 1997)

. . . .” § 741.31, Fla.Stat. (1995). Mrs. . . .

WASHINGTON, v. BURK,, 704 So. 2d 540 (Fla. Dist. Ct. App. 1997)

. . . information charging Washington with the crime of violation of an injunction for protection under section 741.31 . . . arrest for violating an injunction against repeat violence, pursuant to a new criminal statute, section 741.31 . . .

WALKER, v. E. BENTLEY,, 678 So. 2d 1265 (Fla. 1996)

. . . proceeding, a violation of an injunction for protection which is not a criminal violation under s. 741.31 . . .

In FAMILY LAW RULES OF PROCEDURE, 663 So. 2d 1049 (Fla. 1995)

. . . As such, the procedures set out in section 741.31(1), Florida Statutes, are to be followed for violations . . .

WALKER, v. E. BENTLEY,, 660 So. 2d 313 (Fla. Dist. Ct. App. 1995)

. . . (codified at § 741.31, Fla.Stat. (Supp.1986)). . . . Compare § 741.31, Fla.Stat. (1993) with § 741.31, Fla. Stat. (Supp.1994). . . . of an injunction for protection against domestic violence which is not a criminal violation under s. 741.31 . . . proceeding, a violation of an injunction for protection which is not a criminal violation under s. 741.31 . . . contempt as the means of punishing violations that do not fall vrithin the criminal ambit of section 741.31 . . . proceeding, a violation of an injunction for protection which is not a criminal violation under s. 741.31 . . . Section 741.31(4)(e), Florida Statutes (1995), now provides that a person who violates a domestic violence . . . proceeding, a violation of an injunction for protection which is not a criminal violation under s. 741.31 . . . Nowak, et al., Constitutional Law 135-37 (2d ed. 1983). . 741.31 Violation of an injunction for protection . . .

STATE v. MIRANDA, Jr., 644 So. 2d 342 (Fla. Dist. Ct. App. 1994)

. . . Section 741.31 was amended, effective July 1, 1994, to provide that enumerated violations of a domestic . . .

RICHARDSON, v. LEWIS,, 639 So. 2d 1098 (Fla. Dist. Ct. App. 1994)

. . . Hernandez was convicted of violation of an injunction for protection, pursuant to section 741.31, Florida . . .

P. HERNANDEZ, v. STATE, 624 So. 2d 782 (Fla. Dist. Ct. App. 1993)

. . . . § 741.31, Fla.Stat. (1991). . . . Section 741.31, Florida Statutes (1991), states: Violation of an injunction for protection against domestic . . .

In VIVADO,, 94 B.R. 785 (Bankr. D.D.C. 1989)

. . . From the pleading the court observes that counsel believes an additional $741.31 is due to her, besides . . .

LENOX CLOTHES SHOPS, v. COMMISSIONER OF INTERNAL REVENUE, 139 F.2d 56 (6th Cir. 1943)

. . . ending December 31, 1937, petitioner, in making its income tax return, reduced its closing inventory $6,-741.31 . . .