The Florida Senate

741.31  Violation of an injunction for protection against domestic violence.--

(1)  In the event of a violation of the injunction for protection against domestic violence when there has not been an arrest, the petitioner may contact the clerk of the circuit court of the county in which the violation is alleged to have occurred. The clerk shall either assist the petitioner in the preparation of an affidavit in support of the violation or direct the petitioner to the office operated by the court within the circuit that has been designated by the chief judge of that circuit as the central intake point for injunction violations and where the petitioner can receive assistance in the preparation of the affidavit in support of the violation.

(2)  The affidavit shall be immediately forwarded by the office assisting the petitioner to the state attorney of that circuit and to such court or judge as the chief judge of that circuit determines to be the recipient of affidavits of violation. If the affidavit alleges a crime has been committed, the office assisting the petitioner shall also forward a copy of the petitioner's affidavit to the appropriate law enforcement agency for investigation. No later than 20 days after receiving the initial report, the local law enforcement agency shall complete their investigation and forward the report to the state attorney. The policy adopted by the state attorney in each circuit under s. 741.2901(2), shall include a policy regarding intake of alleged violations of injunctions for protection against domestic violence under this section. The intake shall be supervised by a prosecutor who, pursuant to s. 741.2901(1), has been designated and assigned to handle domestic violence cases. The state attorney shall determine within 30 working days whether its office will proceed to file criminal charges, or prepare a motion for an order to show cause as to why the respondent should not be held in criminal contempt, or prepare both as alternative findings, or file notice that the case remains under investigation or is pending subject to some other action.

(3)  If the court has knowledge, based on its familiarity with the case, that the petitioner, the children of the petitioner, or another person is in immediate danger if the court fails to act prior to the decision of the state attorney to prosecute, it should immediately issue an order of appointment of the state attorney to file a motion for an order to show cause as to why the respondent should not be held in contempt. If the court does not issue an order of appointment of the state attorney, it shall immediately notify the state attorney that the court is proceeding to enforce the violation through criminal contempt.

(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 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; or

5.  Telephoning, contacting, or otherwise communicating with the petitioner directly or indirectly, unless the injunction specifically allows indirect contact through a third party

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.

(5)  Whether or not there is a criminal prosecution under subsection (4), the court shall order the respondent to attend a batterers' intervention program if it finds a willful violation of a domestic violence injunction, unless the court makes written factual findings in its judgment or order which are based on substantial evidence, stating why a batterers' intervention program would be inappropriate.

(6)  In order to determine the effectiveness of enforcement of injunctions, the Legislature requests the Association of Florida Clerks of Court in conjunction with the Executive Office of the Governor and the Governor's Task Force on Domestic Violence, to coordinate and prepare a report to determine:

(a)  How many violations of injunctions for protection against domestic violence were filed in this state by petitioners or others on their behalf.

(b)  How many violations the state attorney assists the court in the enforcement of by filing a motion for an order to show cause, or similar motions.

(c)  How the courts dispose of the violations.

(d)  How many violations of injunctions for protection against domestic violence are prosecuted as crimes under s. 784.047 and this section, or any other section of Florida law.

(e)  Any other information that would show the extent of the effectiveness of judicial actions to enforce violations.

(f)  The effectiveness of batterers' intervention programs, measured in quantifiable terms, including the number of respondents ordered to a batterers' intervention program but later assessed as inappropriate for the program, the number referred to other programs after such assessment, the number who successfully complete the program to which they were assigned, the number who fail to complete the program to which they were assigned and the reason for such failure, the number of respondents who attend a batterers' intervention program and subsequently engage in domestic violence, and any other measures that would reveal the effectiveness of such programs.

The report must be filed with the Executive Office of the Governor, the President of the Senate, the Speaker of the House of Representatives, and the Chief Justice of the Supreme Court no later than December 1, 1996.

(7)  Any person who suffers an injury and/or loss as a result of a violation of an injunction for protection against domestic violence may be awarded economic damages for that injury and/or loss by the court issuing the injunction. Damages includes costs and attorneys' fees for enforcement of the injunction.

History.--s. 2, ch. 86-264; s. 169, ch. 91-224; s. 6, ch. 94-134; s. 6, ch. 94-135; s. 8, ch. 95-182; s. 36, ch. 95-184; s. 6, ch. 95-195; s. 4, ch. 96-392; s. 19, ch. 96-402; s. 6, ch. 97-155; s. 3, ch. 98-284.