Florida Creates Felony Penalties for Second Restraining Order Violations

On July 1st, 2026, upgraded sentences will apply to those who violate domestic violence restraining orders (DVROs) for a second time. The standard penalty for a second-time DVRO violation will become a third-degree felony, and this is a major step up from the previous first-degree misdemeanor penalty. If you face felony consequences for violating a DVRO for a second time, it is even more important to work on a defense strategy alongside an experienced criminal defense attorney in Fort Myers.

Florida Toughens Its Domestic Violence Laws

Along with enhanced penalties for second DVRO violations, Florida has made other changes to its domestic violence laws. Another development is the creation of a domestic violence database that makes it easier for ordinary people to search through court records for prior restraining orders. The goal is to make this information more readily available to those who might face threats from repeat offenders.

Another change involves the recognition of animal abuse as a “trigger” for new DVROs. In other words, someone could report you for animal abuse and obtain a DVRO against you, even if you have never laid hands on another human being. Remember, the burden of proof in this situation is relatively low, and you could potentially have a DVRO against you even if you are not an animal abuser.

A third-degree felony is a serious matter in Florida. If convicted, you face up to five years in prison. Not only that, but felony convictions may inherently trigger the loss of certain rights, including the right to bear arms under the Second Amendment. In addition, a third-degree felony can result in thousands of dollars in fines and probation.

How Can I Avoid Second-Offense DVRO Violation Penalties?

While Florida may have upgraded the sentence for a second DVRO violation, the applicable defense strategies remain largely the same. A common strategy is to claim a lack of intent. In other words, you’ll argue that you accidentally came into contact with the petitioner (the person who obtained the restraining order).

If you just so happened to bump into the petitioner on the street, you should not face consequences for violating your DVRO. You might also point out that the petitioner initiated contact, or that the entire interaction was completely fabricated by them. That being said, the most appropriate defense strategies depend on your unique situation, so you may want to discuss your specific circumstances with a lawyer before settling on a specific strategy.

Can a Fort Myers Criminal Defense Lawyer Help Me?

A Fort Myers criminal defense lawyer may be able to help if you face felony penalties for violating a DVRO for a second time. Although new changes have enhanced penalties, the standard defense strategies that apply to this situation remain the same. Work with The Foley & Wilson Law Firm to stand up for your rights and avoid needless penalties.

Sources:

wctv.tv/2026/06/15/new-florida-law-enhance-domestic-violence-penalties-set-take-effect/

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0741/Sections/0741.29.html