Fort Lauderdale Criminal Attorney Blog
The primary purpose of a Florida domestic violence injunction is to protect people, but attacks on pets were considered part of the court’s equation under F.S. 741.30(6)(b). But now, pet protections have been strengthened as of July 1, 2026, following the passage of CS/CS/HB 277. Now, the statute not only allows courts weighing domestic violence injunction petitions to assess whether a a respondent intentionally injured or killed a family pet, but also whether respondent merely threatened to do so.
Why That Distinction Matters to Domestic Violence Defendants
Proving intentional injury or death of a pet typically requires some combination of veterinary record, video evidence, witness testimony, digital message exchanges, or a confession. Proving a threat, meanwhile, may only require testimony about words. Obviously, video, audio, or digital evidence would strengthen the allegation, but it may not be necessary. Florida injunction hearings are generally civil proceedings, held on short notice, decided by a judge without a jury, and often resolved on the basis of which party the court finds more credible.
It should be noted that F.S. 741.30(6)(b) does not limit courts to consideration of the enumerated factors listed in the law. So a judge in Broward could already have weighed a threat against a dog under that catchall language. But the statute did provide a checkbox on the form and a talking point at the hearing, so it is likely we’ll see this point increasingly argued at injunction hearings.
Respondents should know such an allegation is a possibility and prepare to directly and with careful consideration rather than dismissing it as unserious.
The Research to Which Lawmakers Were Responding
The enumerated factor exists because the evidence behind it is substantial, and a respondent who treats it as a joke in front of a judge will lose ground. A systematic review published in Research in Veterinary Science examined 30 studies and found animal abuse prevalence in households with intimate partner violence ranging from 21 to 89 percent, with a significant relationship between the two. Research using the 2014 Canadian General Social Survey, a nationally representative sample rather than a shelter population, found that actual and threatened abuse of pets by a romantic partner significantly predicted that partner also perpetrating intimate partner violence, particularly physical and severe abuse.
In general, smart criminal defense lawyer strategy in a contested domestic violence injunction hearing does not involve arguing established research is wrong. Rather, it will more likely focus on what was actually said, in what context, by whom, and whether the petitioner reported it at the time or produced it for the first time in a petition filed during a custody dispute or a breakup.
What a Final Injunction for Domestic Violence Actually Costs
Respondents routinely underestimate the cost, severity, and impact of a final injunction for domestic violence. An injunction for protection is not a criminal conviction, which sometimes misleads people into consenting to entry without a hearing.
It’s important to understand that a final injunction under F.S. 741.30 requires the respondent to surrender firearms and ammunition under F.S. 790.233, and it triggers the federal prohibition at 18 U.S.C. 922(g)(8) for anyone who qualifies. It can award the petitioner exclusive use of a shared residence. It can set a temporary parenting plan awarding the petitioner up to 100 percent of the time-sharing. It remains in effect until modified or dissolved, which for many respondents means indefinitely. The court file is public and searchable, and a civil injunction record is not eligible for sealing under the criminal record statutes.
Employment and immigration consequences can follow from all of that as well — even if you were never in handcuffs or spent a single night in jail.
Relocation Assistance Change
HB 277 also increased the monetary compensation available to alleged victims of domestic violence under F.S. 960.198. The Department of Legal Affairs may now award a one-time payment of up to $2,500, raised from $1,500, and a lifetime maximum of $5,000, raised from $3,000, to an alleged victim of domestic violence who needs immediate assistance to escape a domestic violence environment.
Note that this money comes from the state crime victim compensation program, not from the respondent, as it is not a judgment. Further, the statute conditions an award on proof that a domestic violence offense was committed, that the offense was reported to the proper authorities, and that a certified Florida domestic violence center has certified the need for assistance.
This creates a parallel record. A claim filed under F.S. 960.198 generates reports, certifications, and statements that may not match what the petitioner later testifies to at the injunction hearing or in a related criminal case.
Fifteen Days
An ex parte temporary injunction for protection lasts no more than 15 days, and the full hearing must be set before it expires. It is critical that you contact a defense attorney during these two weeks. Text messages get deleted, witnesses become unreachable, and location data ages out. Respondents who wait to retain counsel until the week of the hearing arrive with nothing but their own testimony against a petitioner, who has often been preparing for much longer.
Additional Rising Stakes
HB 277 also reduced the number of prior convictions required before a subsequent violation of any injunction is reclassified to a third-degree felony. The threshold dropped from two priors to one.
A protective injunction may just feel like paperwork, but it can have serious consequences for your life. Contesting the petition at the hearing is far easier than navigating those consequences once the injunction is already granted.
Call Fort Lauderdale Criminal Defense Attorney Richard Ansara at (954) 761-4011. Serving Broward County.
