Florida Statute 741.31 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLIII
DOMESTIC RELATIONS

Chapter 741
MARRIAGE; DOMESTIC VIOLENCE

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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.

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Amendments to 741.31

Annotations, Discussions, Cases:

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

Cases Citing Statute 741.31

Total Results: 45

Heggs v. State

759 So. 2d 620, 2000 WL 178052

Supreme Court of Florida | Filed: Feb 17, 2000 | Docket: 1421324

Cited 311 times | Published

Compare Ch. 95-182, §§ 8-10, at 1673-75 (amending section 741.31, creating section 768.35, and amending section

State v. Thompson

750 So. 2d 643, 1999 WL 1244518

Supreme Court of Florida | Filed: Dec 22, 1999 | Docket: 1736595

Cited 67 times | Published

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

In Re Family Law Rules of Procedure

663 So. 2d 1049, 20 Fla. L. Weekly Supp. 581, 1995 Fla. LEXIS 1953, 1995 WL 689537

Supreme Court of Florida | Filed: Nov 22, 1995 | Docket: 1313670

Cited 15 times | Published

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

Doty v. State

884 So. 2d 547, 2004 WL 2451643

District Court of Appeal of Florida | Filed: Nov 3, 2004 | Docket: 1683026

Cited 14 times | Published

a domestic violence injunction pursuant to section 741.31, Florida Statutes (2000); however, the difference

Amend. to Fl. Family Law Rules of Proc.

723 So. 2d 208, 1998 WL 765134

Supreme Court of Florida | Filed: Oct 29, 1998 | Docket: 1693632

Cited 14 times | Published

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

Amendments to the Florida Family Law Rules

713 So. 2d 1, 23 Fla. L. Weekly Supp. 105, 1998 Fla. LEXIS 475, 1998 WL 166533

Supreme Court of Florida | Filed: Feb 26, 1998 | Docket: 1732751

Cited 7 times | Published

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

State v. Miranda

644 So. 2d 342, 1994 WL 594729

District Court of Appeal of Florida | Filed: Nov 2, 1994 | Docket: 1248885

Cited 7 times | Published

section 741.30, Florida Statutes (1993). [2] Section 741.31 was amended, effective July 1, 1994, to provide

In Re Standard Jury Inst. in Crim. Cases-Report 2007-01

965 So. 2d 811, 32 Fla. L. Weekly Supp. 530, 2007 Fla. LEXIS 1535, 2007 WL 2438370

Supreme Court of Florida | Filed: Aug 30, 2007 | Docket: 1509151

Cited 6 times | Published

18 VIOLATION OF DOMESTIC VIOLENCE INJUNCTION [ § 741.31(4)(a), Fla. Stat. reserved] To prove the crime

Walker v. Bentley

660 So. 2d 313, 1995 WL 508902

District Court of Appeal of Florida | Filed: Aug 30, 1995 | Docket: 1657018

Cited 6 times | Published

86-264, § 2, at 1974, Laws of Fla. (codified at § 741.31, Fla. Stat. (Supp. 1986)). During the 1994 legislative

Hernandez v. State

624 So. 2d 782, 1993 WL 356828

District Court of Appeal of Florida | Filed: Sep 15, 1993 | Docket: 475653

Cited 6 times | Published

was sentenced to six months in the county jail. § 741.31, Fla. Stat. (1991).[1] On January 23, 1992, the

Riebsame v. Prince

267 F. Supp. 2d 1225, 2003 WL 21448269

District Court, M.D. Florida | Filed: May 9, 2003 | Docket: 2439552

Cited 5 times | Published

provisions which constitutes a criminal act under section 741.31 or section 7784.047, Florida Statutes.... Should

Riebsame v. Prince

267 F. Supp. 2d 1225, 2003 WL 21448269

District Court, M.D. Florida | Filed: May 9, 2003 | Docket: 2439552

Cited 5 times | Published

provisions which constitutes a criminal act under section 741.31 or section 7784.047, Florida Statutes.... Should

Burk v. Washington

713 So. 2d 988, 1998 WL 315150

Supreme Court of Florida | Filed: Jun 12, 1998 | Docket: 1450176

Cited 5 times | Published

(Washington) was arrested for an alleged violation of section 741.31(4)(b), Florida Statutes (1995), a firstdegree

Amendments to the Florida Family Law Rules of Procedure & Family Law Forms

810 So. 2d 1, 26 Fla. L. Weekly Supp. 13, 2000 Fla. LEXIS 2272, 2000 WL 1352932

Supreme Court of Florida | Filed: Sep 21, 2000 | Docket: 64813197

Cited 4 times | Published

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

Richardson v. Lewis

639 So. 2d 1098, 1994 WL 380913

District Court of Appeal of Florida | Filed: Jul 20, 1994 | Docket: 1310239

Cited 4 times | Published

of an injunction for protection, pursuant to section 741.31, Florida Statutes (1991), and simple battery

Benoit v. City of Lake City

343 F. Supp. 3d 1219

District Court, M.D. Florida | Filed: Oct 16, 2018 | Docket: 64321385

Cited 3 times | Published

Injunction in violation of Florida Statute section 741.31(4)(a)(5) ; (2) stalking in violation of Florida

Amendments to Approved Family Law Forms

20 So. 3d 173

Supreme Court of Florida | Filed: Mar 26, 2009 | Docket: 751733

Cited 3 times | Published

provisions which constitutes a criminal act under section 741.31, Florida Statutes. 3. THIS INJUNCTION

Simpson v. City of Miami

700 So. 2d 87, 1997 WL 600712

District Court of Appeal of Florida | Filed: Oct 1, 1997 | Docket: 1373638

Cited 3 times | Published

violator is also subject to contempt proceedings. § 741.31, Fla. Stat. (1995). Although the legislature,

Baumgartner v. Baumgartner

693 So. 2d 84, 1997 WL 216209

District Court of Appeal of Florida | Filed: May 2, 1997 | Docket: 185720

Cited 3 times | Published

damages, including "costs and attorneys' fees." § 741.31, Fla.Stat. (1995). Mrs. Baumgartner's attorneys

S.C. v. A.D.

67 So. 3d 346

District Court of Appeal of Florida | Filed: Jul 15, 2011 | Docket: 60302092

Cited 2 times | Published

violence injunction is a first-degree misdemeanor. § 741.31(4)(a).

Gordon v. State

960 So. 2d 31, 2007 WL 1484536

District Court of Appeal of Florida | Filed: May 23, 2007 | Docket: 1726305

Cited 2 times | Published

attorney" bringing a criminal prosecution under section 741.31, Florida Statutes (2006), or "through a civil

Graves v. State

821 So. 2d 459, 2002 WL 1625423

District Court of Appeal of Florida | Filed: Jul 24, 2002 | Docket: 1235769

Cited 2 times | Published

sentence for violation of injunction under section 741.31, Florida Statutes (2001). According to the

Sc v. Ad

67 So. 3d 346, 2011 Fla. App. LEXIS 11090, 2011 WL 2731941

District Court of Appeal of Florida | Filed: Jul 15, 2011 | Docket: 2570728

Cited 1 times | Published

violence injunction is a first-degree misdemeanor. § 741.31(4)(a).

In re Amendments to the Florida Supreme Court Approved Family Law Forms

59 So. 3d 792, 35 Fla. L. Weekly Supp. 734, 2010 Fla. LEXIS 2116, 2010 WL 5129227

Supreme Court of Florida | Filed: Dec 16, 2010 | Docket: 60299743

Cited 1 times | Published

alimony, which constitutes a criminal act under section 741.31, Florida Statutes. When inconsistent with this

Eleazar Neri Aviles v. The State of Florida

District Court of Appeal of Florida | Filed: Feb 28, 2024 | Docket: 68290249

Published

a domestic violence injunction pursuant to section 741.31(4)(a), Florida Statutes (2023). The issue

LILIANA FRANCISCA VANEGAS v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 26, 2023 | Docket: 67270647

Published

domestic violence injunction, in violation of section 741.31(4)(a), Florida Statutes (2022). The Department

In Re: Amendments to the Florida Supreme Court Approved Family Law Forms – 12.980(a)-(d)

Supreme Court of Florida | Filed: Jun 17, 2021 | Docket: 59992789

Published

provisions which constitutes a criminal act under section 741.31, Florida Statutes. 3. THIS IS A

In Re: Standard Jury Instructions in Criminal Cases—report 2016-04

206 So. 3d 14

Supreme Court of Florida | Filed: Dec 8, 2016 | Docket: 4550135

Published

PROTECTION AGAINST DOMESTIC VIOLENCEINJUNCT-IQN § 741.31(4)(a), Fla. Stat. To prove the crime of Violation

Hall v. State

181 So. 3d 581, 2016 Fla. App. LEXIS 175, 2016 WL 67294

District Court of Appeal of Florida | Filed: Jan 6, 2016 | Docket: 3026123

Published

protection against domestic violence under section 741.31(4)(a)(3), Florida Statutes (2013). We affirm

In Re: Amendments to the Florida Supreme Court Approved Family Law Forms

173 So. 3d 19, 40 Fla. L. Weekly Supp. 163, 2015 Fla. LEXIS 583, 2015 WL 1343088

Supreme Court of Florida | Filed: Mar 26, 2015 | Docket: 2644899

Published

provisions which constitutes a criminal act under section 741.31, Florida Statutes. 3. THIS INJUNCTION

In Re Amend. to the Fla. Family Law Forms

59 So. 3d 792

Supreme Court of Florida | Filed: Dec 16, 2010 | Docket: 2361433

Published

provisions which constitutes a criminal act under section 741.31, Florida Statutes. 3. THIS INJUNCTION

Sando v. State

972 So. 2d 271, 2008 Fla. App. LEXIS 276, 2008 WL 110104

District Court of Appeal of Florida | Filed: Jan 10, 2008 | Docket: 64853575

Published

violation of the domestic violence injunction. See § 741.31(2), Fla. Stat. (2007); see also § 741.2901(2)

Diaz-Gonzalez v. State

932 So. 2d 528, 2006 Fla. App. LEXIS 10220, 2006 WL 1687580

District Court of Appeal of Florida | Filed: Jun 21, 2006 | Docket: 64845587

Published

injunction against domestic violence in violation of section 741.31 of the Florida Statutes (2002), and one count

In re Amendments to the Florida Family Law Rules of Procedure

905 So. 2d 865, 30 Fla. L. Weekly Supp. 408, 2005 Fla. LEXIS 1216, 2005 WL 1298100

Supreme Court of Florida | Filed: Jun 2, 2005 | Docket: 64839429

Published

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

Amendments to Florida Supreme Court Approved Family Law Forms-Sexual Violence Forms

871 So. 2d 113, 2004 Fla. LEXIS 538, 2004 WL 582946

Supreme Court of Florida | Filed: Mar 25, 2004 | Docket: 64829952

Published

provisions which constitutes a criminal act under section 741.31, Florida Statutes. 3. THIS INJUNCTION IS ENFORCEABLE

Theard v. State

861 So. 2d 103, 2003 Fla. App. LEXIS 19197, 2003 WL 22956435

District Court of Appeal of Florida | Filed: Dec 17, 2003 | Docket: 64826951

Published

an injunction against domestic violence, see section 741.31, Florida Statutes (2001), after a two-day,

Amendments to the Florida Family Law Rules of Procedure

853 So. 2d 303, 28 Fla. L. Weekly Supp. 627, 2003 Fla. LEXIS 1163, 2003 WL 21543753

Supreme Court of Florida | Filed: Jul 10, 2003 | Docket: 64824701

Published

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

Amendments to Florida Supreme Court Approved Family Law Forms

849 So. 2d 1003, 28 Fla. L. Weekly Supp. 407, 2003 Fla. LEXIS 804, 2003 WL 21087985

Supreme Court of Florida | Filed: May 15, 2003 | Docket: 64824021

Published

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

Amendment to the Florida Family Law Rules of Procedure

845 So. 2d 174, 28 Fla. L. Weekly Supp. 384, 2003 Fla. LEXIS 669, 2003 WL 1988196

Supreme Court of Florida | Filed: May 1, 2003 | Docket: 64822820

Published

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

Amendments to the Florida Supreme Court Approved Family Law Forms—Domestic Violence Forms

830 So. 2d 72, 2002 WL 31190948

Supreme Court of Florida | Filed: Oct 3, 2002 | Docket: 64818926

Published

provisions which constitutes a criminal act under section 741.31, Florida Statutes. 3. THIS INJUNCTION IS ENFORCEABLE

In re Amendments to the Florida Family Law Rules of Procedure

783 So. 2d 937, 25 Fla. L. Weekly Supp. 965, 2000 Fla. LEXIS 2276, 2000 WL 1535306

Supreme Court of Florida | Filed: Oct 19, 2000 | Docket: 64805061

Published

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

Amendments to the Florida Family Law Rules of Procedure

746 So. 2d 1073, 24 Fla. L. Weekly Supp. 60, 1999 Fla. LEXIS 80, 1999 WL 42024

Supreme Court of Florida | Filed: Jan 28, 1999 | Docket: 64792943

Published

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

Friss v. State

720 So. 2d 293, 1998 Fla. App. LEXIS 14046, 1998 WL 769804

District Court of Appeal of Florida | Filed: Nov 6, 1998 | Docket: 64784100

Published

in its order, however, that a violation of section 741.31(4), Florida Statutes, is a first-degree misdemeanor

In re Amendments to the Florida Family Law Rules of Procedure

717 So. 2d 914, 23 Fla. L. Weekly Supp. 367, 1998 Fla. LEXIS 1238, 1998 WL 334343

Supreme Court of Florida | Filed: Jun 25, 1998 | Docket: 64782890

Published

provisions which constitutes a criminal act under section 741.31, Florida Statutes. When inconsistent with this

Washington v. Burk

704 So. 2d 540, 1997 Fla. App. LEXIS 32, 1997 WL 1704

District Court of Appeal of Florida | Filed: Jan 3, 1997 | Docket: 64778326

Published

violation of an injunction for protection under section 741.31(4)(b), Florida Statutes (1995), which makes