In cases where a defendant is accused of violating an injunction for protection against domestic violence, the jury receives specific instructions to guide their decision-making process. These instructions (can be found here) aim to clarify the elements of the offense and the burden of proof required for a conviction.
To establish guilt, the State must prove two key elements beyond a reasonable doubt:
A temporary or final injunction for protection against domestic violence was issued by a court against (defendant) for the benefit of (victim).
The first element requires proof that a court issued a temporary or final injunction for protection against domestic violence against the defendant, specifically benefiting the alleged victim.
(Defendant) willfully violated the injunction by (alleged violation* of section 741.31(4)(a)).
The second element requires proof that the defendant intentionally and knowingly violated the terms of the injunction. This violation could involve any prohibited act specified in the injunction, such as contacting the victim, going near their residence or workplace, or committing further acts of domestic violence.
The term “willfully” in this context means that the defendant acted intentionally, deliberately, and on purpose, rather than accidentally or due to a misunderstanding.
If the alleged violation involves the defendant committing an act of domestic violence, the jury will be provided with the legal definition of “domestic violence” as per Florida Statute 741.28(2).
Additionally, if the defendant is found guilty of violating the injunction, the jury may be asked to determine whether the defendant has been previously convicted two or more times of violating an injunction against the same person. This determination is crucial because repeat violations can lead to enhanced penalties, such as felony charges.