Violation of Protective Injunction
Willfully violating an injunction for protection against repeat violence, sexual violence, or dating violence, or a qualifying foreign protection order.
Florida Statute
§ 784.047
Penalties for violating protective injunction against violators
Quick Summary
Confirm the injunction type, validity, willful prohibited act, victim, and the number of prior qualifying injunction or protection-order convictions.
Classification Matrix
Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.
Willful Violation of Protective Injunction
F.S. § 784.047(1)
Willfully violating a listed prohibition in an injunction for protection against repeat, sexual, or dating violence, or a qualifying foreign protection order.
Repeat Violation Against Same Victim
F.S. § 784.047(2)
After two or more qualifying prior convictions, committing a subsequent protective-injunction or protection-order violation against the same victim.
Elements of the Offense
Elements of the Offense
- Element 1
An injunction for protection against repeat violence, sexual violence, or dating violence, or a qualifying foreign protection order, was in effect against the defendant for the benefit of the victim.
Plain language: Identify the injunction type and confirm the protected person.
- Element 2
The defendant willfully violated the injunction or order through a listed prohibited act.
Plain language: Select and document the specific act, such as prohibited contact, proximity, violence, property damage, or a firearms-related violation.
- Element 3
For the felony repeat-violation track, the defendant previously had two or more qualifying injunction or protection-order convictions and the subsequent violation was against the same victim.
Plain language: Confirm the number and nature of prior qualifying convictions and the same-victim condition.
Jury Instructions
Jury Instructions
Instruction 8.19
Violation of Injunction for Protection Against Repeat, Sexual, or Dating Violence
Florida Standard Jury Instructions in Criminal Cases, Instruction 8.19, for F.S. 784.047. The repeat-violation determination requires the instruction's bifurcation guidance.
View Official InstructionImportant Definitions
Important Definitions
Willfully
Knowingly, intentionally, and purposely.
Additional Notes
Additional Notes
Quick Reference
Identify whether the order protects against repeat, sexual, or dating violence. Record the exact prohibited act, the protected person, and any qualifying prior injunction or protection-order convictions.
Important
The felony enhancement requires two or more qualifying prior convictions and a subsequent violation against the same victim. Review the current order itself for its precise terms.