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Legal Statutes: Florida

UPDATED July 16, 2017

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Chapter 784. Assault, Battery, Culpable Negligence

back to top784.047. Penalties for violating protective injunction against violators

(1) A person who willfully violates an injunction for protection against repeat violence, sexual violence, or dating violence, issued pursuant to s. 784.046, or a foreign protection order accorded full faith and credit pursuant to s. 741.315 by:

(a) Refusing to vacate the dwelling that the parties share;

(b) 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;

(c) Committing an act of repeat violence, sexual violence, or dating violence against the petitioner;

(d) Committing any other violation of the injunction through an intentional unlawful threat, word, or act to do violence to the petitioner;

(e) Telephoning, contacting, or otherwise communicating with the petitioner directly or indirectly, unless the injunction specifically allows indirect contact through a third party;

(f) Knowingly and intentionally coming within 100 feet of the petitioner's motor vehicle, whether or not that vehicle is occupied;

(g) Defacing or destroying the petitioner's personal property, including the petitioner's motor vehicle; or

(h) 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 subsection (2).

(2) 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 subsection, 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.

Added by Laws 1995, c. 95-195, § 7, eff. July 1, 1995. Amended by Laws 1997, c. 97-155, § 9, eff. Oct. 1, 1997; Laws 2002, c. 2002-55, § 22, eff. Jan. 1, 2003; Laws 2004, c. 2004-17, § 2, eff. July 1, 2004; Laws 2011, c. 2011-146, § 1, eff. July 1, 2011; Laws 2016, c. 2016-187, § 2, eff. Oct. 1, 2016.