Violation of Domestic Violence Injunction
Arrest exception may applyWillfully violating a domestic-violence injunction or qualifying foreign protection order through a listed prohibited act.
Florida Statute
§ 741.31
Violation of an injunction for protection against domestic violence
Verified against the 2026 Florida Statutes: September 13, 2026
Current provision effective: July 1, 2026
Warrantless Arrest Authority
Conditional authority—not a blanket exception for every charge on this page. PC means probable cause. Establish probable cause and the applicable facts; open the entry for complete requirements. Arrest authority alone does not authorize entry into a home.
Qualifying protective-injunction violations
Required facts
- Probable cause for a criminal act under §741.31, §784.047, OR §825.1036 within §901.15(6), or a qualifying foreign protection-order violation.
- Verify the operative order, notice, prohibited conduct, AND applicable statutory track.
Limits & qualifications
- Verify the operative order, notice, prohibited conduct, and exact statutory track.
- Petitioner objection does not bar the arrest.
Authority
Quick Summary
Confirm the order is valid and in effect, the defendant's willful prohibited act, the victim, and any qualifying prior conviction. Effective July 1, 2026, one qualifying prior conviction can trigger the same-victim felony track.
Classification Matrix
Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.
Willful Violation of Domestic Violence Injunction
F.S. § 741.31(4)(a)
Willfully violating a listed prohibition in a domestic-violence injunction or qualifying foreign protection order.
Firearm or Ammunition Violation of Final Domestic Violence Injunction
F.S. § 741.31(4)(b)
Possessing a firearm or ammunition in violation of a final domestic-violence injunction.
Repeat Violation Against Same Victim
F.S. § 741.31(4)(c) (effective July 1, 2026)
After one or more qualifying prior convictions for domestic violence or an injunction or foreign-protection-order violation, committing a subsequent injunction or foreign-protection-order violation against the same victim.
Elements of the Offense
Elements of the Offense
Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.
- Element 1AND — Required
Qualifying protection order
A temporary or final injunction for protection against domestic violence, or a qualifying foreign protection order, was in effect against the defendant for the benefit of the victim.
Plain language: Confirm the applicable order, protected person, and that the order was in effect.
- Element 2OR — Alternative
Willful prohibited act — prove one alleged method
The defendant willfully committed a prohibited act identified in F.S. 741.31(4)(a) or (b).
Plain language: Identify the specific prohibited act and document conduct showing it was knowing, intentional, and purposeful.
- Element 3AND — Required
Repeat-violation escalation — all facts required
For the felony repeat-violation track, the defendant had one or more prior convictions for a crime of domestic violence or violation of an injunction or foreign protection order, and subsequently violated an injunction or foreign protection order against the same victim.
Qualifying Domestic Relationship
Qualifying Domestic Relationship
Family or household member
Under F.S. § 741.28(3), the relationship qualifies when the people are:
- Spouses or former spouses;
- Related by blood or marriage;
- Currently living together as a family;
- People who previously lived together as a family; or
- Parents of a child in common, whether or not they were married.
Shared-dwelling requirement
Except for parents of a child in common, the parties must currently live together, or must have lived together in the past, in the same single dwelling unit. A dating relationship by itself is not a family-or-household relationship under F.S. § 741.28.
Domestic-violence designation
F.S. § 741.28(2) requires both a qualifying family-or-household relationship and a listed offense—or another criminal offense resulting in physical injury or death—committed by one qualifying member against the other.
Jury Instructions
Jury Instructions
Instruction 8.18
Violation of an Injunction for Protection Against Domestic Violence
Florida Standard Jury Instruction for F.S. § 741.31(4)(a). Caution: its repeat-offender language still states two prior convictions, while F.S. § 741.31(4)(c), effective July 1, 2026, requires one or more qualifying prior convictions. Use the current statute and legal guidance.
View Official InstructionVerified against the official instruction source: September 13, 2026
Important Definitions
Important Definitions
Willfully
Knowingly, intentionally, and purposely.
Domestic Violence
Any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or criminal offense resulting in physical injury or death of one family or household member by another family or household member.
Additional Notes
Additional Notes
Quick Reference
Document the order, protected person, service or notice facts, exact prohibited act, location or contact evidence, and any qualifying prior convictions. Domestic violence is a designation for underlying crimes; this page covers the separate injunction-violation charge.
Important
The statute lists alternative prohibited acts. Effective July 1, 2026, the felony repeat-violation charge requires one or more qualifying prior convictions and a subsequent injunction or foreign-protection-order violation against the same victim. Instruction 8.18 has not yet conformed its prior-conviction language to this change; review the current statute, charging document, and legal guidance.
Official Source
Verify the current statute and the actual injunction or qualifying foreign protection order before charging.