Defenses to Violating An Injunction For Protection in Florida

April 21, 2025 Don Pumphrey, Jr. Criminal Defense, Domestic Violence Social Share

If someone intentionally violates a valid injunction for domestic violence or stalking in Florida, this can be a very serious offense. An injunction is defined in Florida law as a court order that tells one person to stay away from and not contact another person (the petitioner). This blog will explain the law surrounding injunction violations, and potential defenses if someone has been accused of this crime.

Under Florida Statutes Section 784.0487, it is illegal to violate an injunction against stalking or cyberstalking. The law states that any violation of an injunction is a first-degree misdemeanor, punishable by up to 1 year in jail and a $1,000 fine. If someone has violated an injunction two or more times, this is upgraded to a third-degree felony. A third-degree felony is punishable by up to 5 years in prison and a $5,000 fine.   

Injunction violations under Florida Statutes Section 784.0487 may include any of the following:

• 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 members or individuals closely associated with the petitioner
• Committing an act of stalking against the petitioner
• Committing any other violation of the injunction through an intentional unlawful threat, word, or act to do violence to the petitioner
• Telephoning, contacting, or otherwise communicating with the petitioner, directly or indirectly, unless the injunction specifically allows indirect contact through a third party
• Knowingly and intentionally coming within 100 feet of the petitioner’s motor vehicle, whether or not that vehicle is occupied
• Defacing or destroying the petitioner’s personal property, including the petitioner’s motor vehicle; or
• Refusing to surrender firearms or ammunition if ordered to do so by the court

There are various defenses to the charge of violating an injunction.

The first of these is lack of notice. Under Florida law, a defendant must have received notice of an injunction in order to be criminally convicted for violating it. If someone was unaware of an injunction against them, their violation could not have been willful and intentional. Cordova v. State, 675 So.2d 632 (Fla. 3rd DCA 1996).

A second defense is that the injunction was too ambiguous. An injunction must be clear and definite so that the party is aware of its command and direction. The injunction must spell out the type of behavior that is prohibited – it cannot just cite state statutes and not elaborate any further. Ogden v. Mindrebo, 316 So.3d 379 (Fla 1st DCA 2021); Spagnuolo v. Insurance Office of America, Inc., 356 So.3d 908 (Fla 5th DCA 2023)

Another defense is indefiniteness of language. If the court does not make sufficiently clear the type of behavior it is regulating by granting the injunction, a defendant may argue they did not know they were violating it. But if there is any evidence the defendant knew the type of conduct that was being restricted, an argument of indefiniteness will not succeed. Seaboard Air Line R. Co. v. Tampa Southern R. Co., 101 Fla. 468 (Fla. 1931).

Finally, someone may argue that they did not willfully and intentionally violate the injunction. Under Florida Statutes Section 784.0487, accidentally violating an injunction’s terms is not a crime. If it was, the defendant accidentally running into the petitioner in public would be a basis for prosecuting them. Florida’s laws make clear this is not the case.

Other defenses may include:

• False allegations – The petitioner is attempting to get back at the defendant by alleging they violated the injunction, when they did not
• Mistaken identity – The defendant is being wrongly identified as having been at the location of the alleged violation 

Notably, petitioner’s consent is not an injunction defense in Florida. Even if the petitioner wants to have contact with the defendant, the defendant cannot legally contact them back unless the injunction is modified or dissolved. Any contact would be an injunction violation, and expose the defendant to criminal penalties. 

If someone is arrested and charged in a case stemming from an injunction, it is crucial to find experienced and aggressive legal representation as soon as possible. This vital decision could make the difference in whether or not a person is subject to a lengthy prison term and hefty fines.

Experienced Criminal Defense in Tallahassee, FL

Don Pumphrey, Jr. is a Former Prosecutor, Former State Police Officer, Lifetime Member of the Florida Association of Criminal Defense Lawyers; for over 25 years as a private defense attorney who is Trusted, Experienced, Aggressive in Criminal Defense as a Trial Attorney, Criminal Lawyer, Criminal Defense Lawyer for the accused in Florida State Courts located in Tallahassee, Florida but handling cases throughout the State of Florida.

Don Pumphrey, Jr. and the criminal defense lawyers at Pumphrey Law have decades of experience fighting on behalf of clients and winning. Call Pumphrey Law now at (850) 681-7777 to learn more about what we can do for you. Our lawyers will be happy to provide you with a free consultation.

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