Fla. Std. Jury Instr. (Crim.) 8.18

§ 741.31(4)(a), Fla. Stat.

To prove the crime of Violation of an Injunction for Protection Against Domestic Violence, the State must prove the following two elements beyond a reasonable doubt:

1. A temporary or final injunction for protection against domestic violence was issued by a court against (defendant) for the benefit of (victim).

2. (Defendant) willfully violated the injunction by (alleged violation* of section 741.31(4)(a)).

“Willfully” means knowingly, intentionally, and purposely.

If the allegation involves the defendant committing an act of domestic violence, define “domestic violence” from § 741.28(2), Fla. Stat.

Give if applicable if the jury finds the defendant guilty of Violation of Domestic Violence Injunction. § 741.31(4)(c), Fla. Stat.

Now that you have found the defendant guilty of Violation of Domestic Violence Injunction, you must further determine whether the State has proven beyond a reasonable doubt that the defendant was previously convicted two times or more of Violation of an Injunction against the same person.

“Conviction” means a determination of guilt that is the result of a plea or a trial, regardless of whether adjudication is withheld or a plea of nolo contendere is entered.

Lesser Included Offense

VIOLATION OF DOMESTIC VIOLENCE INJUNCTION – 741.31

CATEGORY ONE

CATEGORY TWO

FLA. STAT.

INS. NO.

None

Attempt

777.04(1)

5.1