Fla. Stat. § 784.047

Current through Chapter 86 of the 2024 Legislative Session
Section 784.047 - 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.

Fla. Stat. § 784.047

s.7, ch. 95-195; s.9, ch. 97-155; s.22, ch. 2002-55; s.2, ch. 2004-17; s.1, ch. 2011-146; s.2, ch. 2016-187.
Amended by 2016 Fla. Laws, ch. 187, s 2, eff. 10/1/2016.