|Violation Domestic Violence
If you have been charged with MISC4001 VIOL DOMESTIC VIOLENCE INJUNCTION you can call a Tampa Criminal Defense Attorney at 1-877-793-9290 and tell me your story.
Form Code: MISC4001
Florida Statute: 741.31.4A2
Level: Misd (Misdemeanor)
Description: VIOL DOMESTIC VIOLENCE INJUNCTION
Chapter 741 MARRIAGE; DOMESTIC VIOLENCE
741.31 Violation of an injunction for protection against domestic violence.
(4)(a) A person who willfully violates an injunction for protection against domestic violence issued pursuant to s. 741.30, or a foreign protection order accorded full faith and credit pursuant to s. 741.315, by:
1. Refusing to vacate the dwelling that the parties share;
2. 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;
3. Committing an act of domestic violence against the petitioner;
4. Committing any other violation of the injunction through an intentional unlawful threat, word, or act to do violence to the petitioner;
5. Telephoning, contacting, or otherwise communicating with the petitioner directly or indirectly, unless the injunction specifically allows indirect contact through a third party;
6. Knowingly and intentionally coming within 100 feet of the petitioner’s motor vehicle, whether or not that vehicle is occupied;
7. Defacing or destroying the petitioner’s personal property, including the petitioner’s motor vehicle; or
8. 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.
(b) 1. It is a violation of s. 790.233, and a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, for a person to violate a final injunction for protection against domestic violence by having in his or her care, custody, possession, or control any firearm or ammunition.
2. It is the intent of the Legislature that the disabilities regarding possession of firearms and ammunition are consistent with federal law. Accordingly, this paragraph shall not apply to a state or local officer as defined in s. 943.10(14), holding an active certification, who receives or possesses a firearm or ammunition for use in performing official duties on behalf of the officer’s employing agency, unless otherwise prohibited by the employing agency.