Statutory Reminders for Law Enforcement

Florida Law currently has in place four causes of action for Injunctions for Protection Against Violence; Domestic Violence (Section 741.30, Florida Statutes) which is enforced pursuant to Section 741.31, Florida Statutes; Repeat Violence, Dating Violence and Sexual Violence (Section 784.046, Florida Statutes) which are enforced pursuant to Section 784.047, Florida Statutes.

Sections 741.31, and 784.047, Florida Statutes do not require "contact" violations (of injunctions for protection) to be threatening in nature in order to constitute a chargeable offense.

When responding to a domestic violence scene where phones have been ripped out of the wall, cell phones smashed etc., deputies can also charge Section 914.22 (e), Florida Statutes - (Tampering with a witness) which is a third degree felony!

It is also a third degree felony pursuant to Section 784.048 (4), Florida Statutes - (Aggravated Stalking) - for a person who has had an injunction entered against them to knowingly, willfully, maliciously, and repeatedly follow, harass, or cyberstalk the person who is the subject of the injunction (Petitioner). This applies to all four types of injunctions.

Section 741.29(6), Florida Statutes, makes it a criminal misdemeanor offense for a person to willfully violate a pre-trial release condition if the person was originally arrested for a domestic violence crime (allows for a non-view arrest - see Section 901.15(13), Florida Statutes.)

 

This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of an attorney-client relationship.