Violation of Domestic Violence Injunction

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.

1. Element 1

   AND — 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.

2. Element 2

   OR — 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.

3. Element 3

   AND — 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.

   Plain language: Effective July 1, 2026, one qualifying prior conviction is sufficient. Confirm the qualifying prior conviction and same-victim requirement.