Annotations, Discussions, Cases:
Cases Citing Statute 741.28
Total Results: 116
750 So. 2d 643, 1999 WL 1244518
Supreme Court of Florida | Filed: Dec 22, 1999 | Docket: 1736595
Cited 67 times | Published
...In Trapp, the court states: All portions of the legislation in the instant case deal with remedies for acts which constitute crimes. While the latter sections of the bill deal with civil remedies relating to domestic violence, the acts of domestic violence contained within these sections constitute crimes. See § 741.28(1), Fla....
937 So. 2d 1247, 2006 WL 2741625
District Court of Appeal of Florida | Filed: Sep 27, 2006 | Docket: 459674
Cited 22 times | Published
...ggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member." § 741.28(2), Fla....
...or who have resided together in the past as if a family .... With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit." § 741.28(3), Fla....
787 So. 2d 162, 2001 WL 484439
District Court of Appeal of Florida | Filed: May 9, 2001 | Docket: 1744975
Cited 21 times | Published
..."Domestic violence" is defined as "any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, or any criminal offense resulting in physical injury or death of one family or household member by another who is or was residing in the same single dwelling unit." § 741.28(1), Fla....
777 So. 2d 1160, 2001 WL 121127
District Court of Appeal of Florida | Filed: Feb 14, 2001 | Docket: 1513913
Cited 17 times | Published
pro-prosecution policies for acts of domestic violence. § 741 .28. Clearly, then, the law would favor continued
663 So. 2d 1049, 20 Fla. L. Weekly Supp. 581, 1995 Fla. LEXIS 1953, 1995 WL 689537
Supreme Court of Florida | Filed: Nov 22, 1995 | Docket: 1313670
Cited 15 times | Published
...) knowingly committed an act in violation of this injunction which creates a threat of imminent danger to the Petitioner or household members, over the objection of Petitioner, if necessary; OR (2) committed an act of domestic violence as defined in section 741.28, Florida Statutes, and the officer reasonably believes that there is danger of violence unless the person alleged to have committed the domestic violence is arrested without delay....
884 So. 2d 547, 2004 WL 2451643
District Court of Appeal of Florida | Filed: Nov 3, 2004 | Docket: 1683026
Cited 14 times | Published
...the greater offense. One of the ways in which an injunction for protection against domestic violence may be violated is by committing an act of domestic violence against the petitioner, § 741.31(4)(a)3., which includes the commission of a battery. § 741.28(1), Fla....
736 So. 2d 736, 1999 WL 394279
District Court of Appeal of Florida | Filed: Jun 17, 1999 | Docket: 1736649
Cited 9 times | Published
...All portions of the legislation in the instant case deal with remedies for acts which constitute crimes. While the latter sections of the bill deal with civil remedies relating to domestic violence, the acts of domestic violence contained within these sections constitute crimes. See § 741.28(1), Fla....
922 So. 2d 408, 2006 WL 544551
District Court of Appeal of Florida | Filed: Mar 8, 2006 | Docket: 1282358
Cited 8 times | Published
...We also reject the former husband's claim that the court abused its discretion in entering the injunction for protection. For a court to issue a section 741.30 injunction, a petitioner must establish that he or she is either a "victim of domestic violence as defined in section 741.28 or has reasonable cause to believe he or she is in imminent danger of becoming the victim of any act of domestic violence." § 741.30(1)(a), Fla....
882 So. 2d 447, 2004 WL 1933129
District Court of Appeal of Florida | Filed: Sep 1, 2004 | Docket: 1289647
Cited 7 times | Published
...Cline, Assistant Public Defender, West Palm Beach, for appellant. Charles J. Crist, Jr., Attorney General, Tallahassee, and Claudine M. LaFrance, Assistant Attorney General, West Palm Beach, for appellee. GROSS, J. We affirm appellant's conviction for domestic battery in violation of section 741.28(2), Florida Statutes (2002)....
80 So. 3d 1085, 2012 WL 516183, 2012 Fla. App. LEXIS 2456
District Court of Appeal of Florida | Filed: Feb 17, 2012 | Docket: 2533673
Cited 7 times | Published
...Barile was denied due process and the injunction entered must be reversed and vacated. As an aside, it is unlikely that Ms. Gayheart's record evidence would have supported the granting of an injunction against domestic violence either as that term is defined in section 741.28, Florida Statutes (2010)....
...NOTES [1] Section 784.046(1)(b), Florida Statutes (2010), defines "repeat violence" as "two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition, which are directed against the petitioner or the petitioner's immediate family member." [2] Section 741.28, Florida Statutes (2010), defines the relevant terms in the following manner: (2) "Domestic violence" means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, ki...
257 So. 3d 550
District Court of Appeal of Florida | Filed: Oct 10, 2018 | Docket: 8015405
Cited 5 times | Published
‘victim of domestic violence as defined in section 741.28 or has reasonable cause to believe he or she
217 So. 3d 196, 2017 Fla. App. LEXIS 5234
District Court of Appeal of Florida | Filed: Apr 13, 2017 | Docket: 60265666
Cited 5 times | Published
continuing domestic violence, as defined in section 741.28(2),- Florida Statutes, such that Appellant’s
21 So. 3d 108, 2009 Fla. App. LEXIS 16076, 2009 WL 3446388
District Court of Appeal of Florida | Filed: Oct 28, 2009 | Docket: 1655933
Cited 3 times | Published
...The state further points out that "the presence of a child under the age of sixteen" was not an element of the offense, and thus did not need to be alleged in the information. Under Florida Rule of Criminal Procedure 3.704(d)(23)(2006), [i]f the primary offense is a crime of domestic violence as defined in section 741.28, Florida Statutes, which was committed in the presence of a child under 16 years of age who is a family household member as defined in section 741.28(2) with the victim or perpetrator, the subtotal sentence points are multiplied by 1.5. "Domestic violence" means any assault or aggravated battery "resulting in physical injury or death of one family or household member by another family or household member." § 741.28(2), Fla. Stat. A "family or household member" includes "persons who are parents of a child in common regardless of whether they have been married." § 741.28(3), Fla....
42 So. 3d 841, 2010 Fla. App. LEXIS 11101, 2010 WL 2976936
District Court of Appeal of Florida | Filed: Jul 30, 2010 | Docket: 2588276
Cited 3 times | Published
...Because reporting a violation of law or an existing injunction, even with malicious intent towards the supposed violator, does not constitute harassment, it also cannot qualify as stalking for purposes of section 784.048, or domestic violence under section 741.28, Florida Statutes....
144 So. 3d 676, 2014 WL 3928415, 2014 Fla. App. LEXIS 12425
District Court of Appeal of Florida | Filed: Aug 13, 2014 | Docket: 937980
Cited 3 times | Published
...4th DCA 2013) (quoting
Brilhart v. Brilhart ex rel. S.L.B., 116 So. 3d 617, 619 (Fla. 2d DCA 2013)).
A trial court may issue a domestic violence injunction when the
petitioner establishes that he or she is “either a ‘victim of domestic violence
as defined in section 741.28 or has reasonable cause to believe he or she
is in imminent danger of becoming the victim of any act of domestic
violence.’” Lopez v. Lopez, 922 So. 2d 408, 410 (Fla. 4th DCA 2006)
(quoting § 741.30(1)(a), Fla. Stat. (2005)). Section 741.28 defines domestic
violence as “any assault, aggravated assault, battery, aggravated battery .
. . false imprisonment, or any criminal offense resulting in physical injury
or death of one family or household member by another family or
household member.” § 741.28(2), Fla....
...of domestic violence” for the purposes of granting a domestic violence
injunction. Long hours for little pay, moving the wife out of the house,
and limiting her contact do not constitute an assault, battery, false
imprisonment, or a criminal offense resulting in physical injury. See §
741.28(2), Fla....
...of the petition, the lack of police reports, and the wife’s failure to seek
medical attention as a result of the “attack.” See id.
The evidence adduced at the hearing was not legally sufficient to
support a finding of domestic violence as defined in section 741.28....
743 So. 2d 1136, 1999 WL 777649
District Court of Appeal of Florida | Filed: Sep 22, 1999 | Docket: 1243406
Cited 2 times | Published
...Sections 1 through 7 of chapter 95-182, create and define the violent career criminal sentencing category and provide sentencing procedures and penalties. Sections 8 through 10 deal with civil remedies relating to domestic violence. The acts of domestic violence contained within these sections are criminal offenses. See § 741.28(1), Fla....
965 So. 2d 308, 2007 WL 2710748
District Court of Appeal of Florida | Filed: Sep 19, 2007 | Docket: 1508986
Cited 2 times | Published
...(2002) (defining "law enforcement officer" as "a law enforcement officer as defined in s. 943.10"); § 403.413(2)(c), Fla. Stat. (2002) (defining "law enforcement officer"); § 539.001(2)(b) (defining appropriate law enforcement official); § 705.101(4), Fla. Stat. (2002) (defining "law enforcement officer"); § 741.28(4), Fla....
71 So. 3d 164, 2011 Fla. App. LEXIS 14629
District Court of Appeal of Florida | Filed: Sep 16, 2011 | Docket: 60302909
Cited 2 times | Published
victim of any act of domestic violence ...” Section 741.28(2) defines “Domestic violence” as meaning “any
662 So. 2d 1328, 1995 WL 654206
District Court of Appeal of Florida | Filed: Nov 8, 1995 | Docket: 1683559
Cited 2 times | Published
...has reasonable cause to believe he or she is about to become the victim of any act of domestic violence, has standing in the circuit court to file a sworn petition for an injunction against domestic violence. "Domestic violence" is defined, in pertinent part, as any assault of a former spouse by a former spouse. § 741.28(1), (2), Fla....
257 So. 3d 1187
District Court of Appeal of Florida | Filed: Nov 2, 2018 | Docket: 64691426
Cited 2 times | Published
domestic violence as that term is defined in section 741.28, Florida Statutes, or have reasonable cause
257 So. 3d 1184
District Court of Appeal of Florida | Filed: Nov 2, 2018 | Docket: 64691425
Cited 2 times | Published
statutory definition of domestic violence. See § 741.28(2), Fla. Stat. (2017). Moreover, an adult parent
983 So. 2d 663, 2008 WL 2185436
District Court of Appeal of Florida | Filed: May 28, 2008 | Docket: 1686296
Cited 2 times | Published
...isitation after the completion of the classes. The father appeals. Pursuant to section 741.30(1)(a), the trial court may grant a permanent injunction sought by a family or household member "who is either the victim of domestic violence as defined in s. 741.28 or has reasonable cause to believe he or she is in imminent danger of becoming the victim of any act of domestic violence. . . ." Section 741.28(2), Florida Statutes, defines domestic violence as "any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense re...
709 So. 2d 129, 1998 WL 113555
District Court of Appeal of Florida | Filed: Mar 11, 1998 | Docket: 2589298
Cited 2 times | Published
...Public Defender, West Palm Beach, for appellant. Robert A. Butterworth, Atty. Gen., Tallahassee, and Don M. Rogers, Asst. Atty. Gen., West Palm Beach, for appellee. PER CURIAM. Appellant/defendant was charged with battery as an act of domestic violence under sections 784.03(1) and 741.28, Florida Statutes (1995). Contrary to appellant's contention, the definition of "domestic violence" does not require that "physical injury or death" occur in conjunction with crimes enumerated in section 741.28(1)....
...The other crimes specified in the section, such as "assault," fall within the definition of domestic violence if they are committed against "one family or household member by another who is or was residing in the same single dwelling unit," even if the victim suffers no physical injury. See § 741.28(1), Fla....
67 So. 3d 346
District Court of Appeal of Florida | Filed: Jul 15, 2011 | Docket: 60302092
Cited 2 times | Published
victim of domestic violence as defined in [section] 741.28 or has reasonable cause to believe he or she
71 So. 3d 164, 2011 WL 4104731
District Court of Appeal of Florida | Filed: Sep 16, 2011 | Docket: 2356634
Cited 1 times | Published
..., including parental discipline. Section 741.30(1)(a), Florida Statutes (2010) permits family or household members to seek an injunction for protection against domestic violence if that person "is either the victim of domestic violence as defined in s. 741.28 or has reasonable cause to believe he or she is in imminent danger of becoming the victim of any act of domestic violence . . ." Section 741.28(2) defines "Domestic violence" as meaning "any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting i...
265 So. 3d 494
Supreme Court of Florida | Filed: Oct 4, 2018 | Docket: 7982207
Cited 1 times | Published
a crime of domestic violence as defined in section 741.28, Florida Statutes, which was committed in the
801 So. 2d 968, 2001 WL 1503247
District Court of Appeal of Florida | Filed: Nov 28, 2001 | Docket: 1495204
Cited 1 times | Published
...Partlowe lacked standing under the domestic violence injunction statute to obtain an injunction. The trial court entered an order dismissing the petition as to Mr. Partlowe because it found that Mr. Partlowe and Mr. Gomez are not related by blood or marriage, never resided together, and do not share a child in common. § 741.28, Fla. Stat. (2000). [1] Mr. Partlowe contends that the trial court erred because, under sections 741.30(1)(e) and 741.28(2), as grandfather and legal custodian of the child, he has a "child in common" with Mr....
...Section 741.30(1)(e) governing domestic violence injunctions provides: This cause of action for an injunction may be sought by family or household members. No person shall be precluded from seeking injunctive relief pursuant to this chapter solely on the basis that such person is not a spouse. Section 741.28(2) defining "family or household members" provides: "Family or household member" means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided togeth...
747 F.2d 599, 1 Am. Disabilities Cas. (BNA) 642, 1984 U.S. App. LEXIS 16504, 35 Empl. Prac. Dec. (CCH) 34,843, 36 Fair Empl. Prac. Cas. (BNA) 477
Court of Appeals for the Eleventh Circuit | Filed: Nov 26, 1984 | Docket: 275062
Cited 1 times | Published
...ure compliance through conciliation and persuasion within a reasonable time____ Id. § 741.26(g) (emphasis added). If conciliation failed, the OFCCP was to “proceed in accordance with the enforcement procedures contained” in the regulations. Id. § 741.28(a)....
..."In every case where any complaint investigation indicates the existence of a violation of the affirmative action clause or these regulations, the matter should be resolved by informal means, including conciliation, and persuasion, whenever possible.” 41 C.F.R. § 60-741.28 (a) (1977)....
273 So. 3d 24
District Court of Appeal of Florida | Filed: May 22, 2019 | Docket: 15658407
Cited 1 times | Published
victim of any act of domestic violence.” Id. Section 741.28(2), Florida Statutes (2018), defines domestic
849 So. 2d 349, 2003 WL 2002811
District Court of Appeal of Florida | Filed: May 2, 2003 | Docket: 1509355
Cited 1 times | Published
...ic violence entered against him. We reverse the judgment for three reasons. First, the trial court's initial determination that Lois L. Wright and Thaddeus Slovenski did not meet the statutory definition of family or household members as provided by section 741.28(2), Florida Statutes (2001), was correct....
...Section 741.30(1), Florida Statutes (2001), provides that family or household members may seek an injunction for protection against domestic violence. Under the statute, family or household members are "persons who are presently residing together as if family or who have resided together in the past as if family." § 741.28(2)....
241 So. 3d 258
District Court of Appeal of Florida | Filed: Mar 28, 2018 | Docket: 6348071
Cited 1 times | Published
of domestic violence.” § 741.30(6)(a). Under section 741.28(2), Florida Statutes (2017), “[d]omestic violence”
159 So. 3d 408
District Court of Appeal of Florida | Filed: Mar 19, 2015 | Docket: 2643351
Cited 1 times | Published
responsible for the torts of the other. See § 741.28, Fla. Stat. (abrogating the common law that a
695 So. 2d 1302, 1997 WL 352429
District Court of Appeal of Florida | Filed: Jun 27, 1997 | Docket: 1522090
Cited 1 times | Published
...The legislature has defined domestic violence as "any assault ... of one family or household member by another who is or was residing in the same single dwelling unit." It is true that the term "family or household member" is more broadly defined in section 741.28(2) as: "[S]pouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who have a child in common regardl...
65 So. 3d 99, 2011 Fla. App. LEXIS 9677
District Court of Appeal of Florida | Filed: Jun 24, 2011 | Docket: 60301804
Cited 1 times | Published
30(6)(a), Fla. Stat. (2010) (emphasis added). Section 741.28 defines “domestic violence” as “any assault
71 So. 3d 132, 2011 Fla. App. LEXIS 8458, 2011 WL 2278990
District Court of Appeal of Florida | Filed: Jun 10, 2011 | Docket: 2355342
Cited 1 times | Published
...protection from domestic violence. Section 741.30(1)(e) provides that the statutory injunction "may be sought by family or household members." The definition of the term "family or household members" includes "persons related by blood or marriage." § 741.28(3)....
960 So. 2d 851, 2007 WL 1953020
District Court of Appeal of Florida | Filed: Jul 6, 2007 | Docket: 1404496
Cited 1 times | Published
...he victim of domestic violence or has reasonable fear to believe he or she is "in imminent danger of becoming the victim of any act of domestic violence." § 741.30(1)(a), Fla. Stat. (2006); see also Young v. Smith, 901 So.2d 372 (Fla. 2d DCA 2005). Section 741.28(2) defines domestic violence as "assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical inj...
67 So. 3d 346, 2011 Fla. App. LEXIS 11090, 2011 WL 2731941
District Court of Appeal of Florida | Filed: Jul 15, 2011 | Docket: 2570728
Cited 1 times | Published
...Section 741.30(1)(a), Florida Statutes (2009), provides that a family or household member [3] may file a petition for an injunction for protection against domestic violence if that person "is either the victim of domestic violence as defined in [section] 741.28 or has reasonable cause to believe he or she is in imminent danger of becoming the victim of any act of domestic violence." Section 741.28(2) defines domestic violence as "any assault, aggravated assault, *349 battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in phy...
...Our account of the earlier proceedings is based on the testimony of the parties at the hearing held in 2010, the allegations in A.D.'s petition, and the final judgment entered on January 21, 2010. [3] A.D. had standing to file the petition because she resided with S.C. "in the past as if a family." See §§ 741.28(3), .30(1)(e)....
917 So. 2d 268, 2005 WL 3439929
District Court of Appeal of Florida | Filed: Dec 16, 2005 | Docket: 448099
Cited 1 times | Published
...ame within the applicable statute. Section 741.30, Florida Statutes (2005), creates a cause of action for an injunction for protection against domestic violence. Subparagraph (1)(e) allows an injunction to be sought by "family or household members." Section 741.28(3), Florida Statutes (2005), defines "family or household members" to include a number of persons, including "persons who are presently residing together as if a family or who have resided together in the past as if a family." While pe...
...ence injunction to continue for the purpose of taking additional evidence concerning jurisdiction. It was wrong simply to terminate the hearing without allowing the petitioner the opportunity to present evidence on jurisdiction. As noted previously, Section 741.28(3) includes within the definition of "family or household members," those persons who "are presently residing together as if a family or who have resided together in the past as if a family." The legislature has not given any guidance...
252 So. 3d 791
District Court of Appeal of Florida | Filed: Aug 1, 2018 | Docket: 7567926
Cited 1 times | Published
by another family or household member." § 741.28(2). This definition requires a threat or showing
Court of Appeals for the Eleventh Circuit | Filed: Sep 4, 2025 | Docket: 69617215
Published
other family or household member.” Fla. Stat. § 741.28 (2024). 2 Dr. Nussbaumer is licensed by
District Court of Appeal of Florida | Filed: Sep 4, 2024 | Docket: 69127384
Published
member by another family or household member.” § 741.28(2), Fla. Stat. (2022). The conduct most pertinent
882 So. 2d 447, 2004 Fla. App. LEXIS 12867
District Court of Appeal of Florida | Filed: Sep 1, 2004 | Docket: 64832551
Published
conviction for domestic battery in violation of section 741.28(2), Florida Statutes (2002). We reject appellant’s
940 So. 2d 533, 2006 WL 3019972
District Court of Appeal of Florida | Filed: Oct 25, 2006 | Docket: 1524048
Published
...vated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member." [4] § 741.28(2)....
...Bond v. Bond, 917 So.2d 268, 271 (Fla. 5th DCA 2005) (holding that the circuit court erred in terminating a hearing on a domestic violence injunction without allowing the petitioner the opportunity to present evidence that facts met the requirements of section 741.28); York v....
...section which addresses matters governed by chapter 61." [4] Buchan's son appears to be a family or household member, because he is related by marriage to Hibbard and he has in the past resided together with Hibbard in the same single dwelling unit. § 741.28(3).
District Court of Appeal of Florida | Filed: Nov 27, 2019 | Docket: 16523190
Published
the victim of domestic violence as defined in section 741.28 or has reasonable cause to believe he or she
62 So. 3d 1151, 2011 Fla. App. LEXIS 7711, 2011 WL 2119559
District Court of Appeal of Florida | Filed: May 27, 2011 | Docket: 2543816
Published
...Domestic violence is defined as "any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member." § 741.28(2), Fla....
District Court of Appeal of Florida | Filed: May 23, 2025 | Docket: 70350384
Published
offense of domestic violence as described in section 741.28(2), Florida Statutes (2023). 1 The fine and
District Court of Appeal of Florida | Filed: May 22, 2024 | Docket: 68553255
Published
violence, as those offenses are defined in section 741.28, Florida Statutes (2014). Thus, the Department’s
District Court of Appeal of Florida | Filed: May 18, 2022 | Docket: 63318844
Published
a condition of probation.”) (emphasis added); § 741.28(2), Fla. Stat. (2019) (“‘Domestic violence’ means
213 So. 3d 680
Supreme Court of Florida | Filed: Mar 9, 2017 | Docket: 4615973
Published
pretrial release). Definitions. § 741.28, Fla. Stat. “Domestic violence” means any
District Court of Appeal of Florida | Filed: Mar 4, 2020 | Docket: 16925829
Published
domestic violence.” § 741.30(1)(a), Fla. Stat. Section 741.28(2), Florida Statutes (2019), defines “domestic
173 So. 3d 19, 40 Fla. L. Weekly Supp. 163, 2015 Fla. LEXIS 583, 2015 WL 1343088
Supreme Court of Florida | Filed: Mar 26, 2015 | Docket: 2644899
Published
...violence, specifying when and where they occurred, including, but not limited to, locations such
as a home, school, place of employment, or time-sharing exchange}
a. _____committed or threatened to commit domestic violence defined in section 741.28,
Florida Statutes, as any assault, aggravated assault, battery, aggravated battery, sexual
assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any
criminal offense...
159 So. 3d 984, 2015 Fla. App. LEXIS 3876, 2015 WL 1223692
District Court of Appeal of Florida | Filed: Mar 18, 2015 | Docket: 2642461
Published
...st
domestic violence.
Section 741.30(1)(a), Florida Statutes (2012), provides that a family or
household member may file a petition for protection against domestic
violence if that person is “either the victim of domestic violence as defined
in s. 741.28 or has reasonable cause to believe he or she is in imminent
danger of becoming the victim of any act of domestic violence.” See
Malchan v....
...ravated
battery, sexual assault, sexual battery, stalking, aggravated stalking,
kidnapping, false imprisonment, or any criminal offense resulting in
physical injury or death of one family or household member by another
family or household member.” § 741.28(2), Fla....
District Court of Appeal of Florida | Filed: Mar 16, 2022 | Docket: 63162697
Published
member.” § 741.28(2), Fla. Stat. (2018). “A domestic violence designation under section 741.28(2) triggers
District Court of Appeal of Florida | Filed: Mar 14, 2025 | Docket: 69737437
Published
member by another family or household member.” § 741.28(2), Fla. Stat. (2024). Here, the court issued
709 So. 2d 129, 1998 Fla. App. LEXIS 2269
District Court of Appeal of Florida | Filed: Mar 11, 1998 | Docket: 64780125
Published
occur in conjunction with crimes enumerated in section 741.28(1). In that subsection, the phrase “resulting
272 So. 3d 1210
Supreme Court of Florida | Filed: Jun 6, 2019 | Docket: 15737694
Published
the defendant or the victim? Yes No § 741.28, Fla. Stat. "Domestic violence" means
District Court of Appeal of Florida | Filed: Jun 4, 2025 | Docket: 70000161
Published
victim of domestic violence as defined in section 741.28 or has reasonable cause to believe he or she
District Court of Appeal of Florida | Filed: Jun 30, 2021 | Docket: 60025611
Published
DCA 2015) (internal citations omitted). Section 741.28(2), Florida Statutes (2019), defines DV as
District Court of Appeal of Florida | Filed: Jun 30, 2021 | Docket: 60025595
Published
violence. The definition of domestic violence in section 741.28(2), Florida Statutes (2020), includes “any
65 So. 3d 99, 2011 WL 2496670
District Court of Appeal of Florida | Filed: Jun 24, 2011 | Docket: 2362083
Published
...child was a victim of domestic violence or was in imminent danger of becoming a victim of domestic violence. We agree. Upon notice and hearing, when it appears to the court that the petitioner is either the victim of domestic violence as defined by s. 741.28 or has reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence, the court may grant such relief as the court deems proper, including an injunction. . . . § 741.30(6)(a), Fla. Stat. (2010) (emphasis added). Section 741.28 defines "domestic violence" as "any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical...
District Court of Appeal of Florida | Filed: Jun 2, 2021 | Docket: 59954655
Published
family or household member of [Appellant].” See § 741.28, Fla. Stat. (2018). The trial court’s instruction
143 So. 3d 1070, 2014 WL 3673881, 2014 Fla. App. LEXIS 11388
District Court of Appeal of Florida | Filed: Jul 25, 2014 | Docket: 386322
Published
...Rather, he
argues that the domestic violence injunction must be reversed because he did not
threaten Ms. Rodriguez-Linares and because she suffered no violence.
A domestic violence injunction may be entered in favor of a person who is
"either the victim of domestic violence as defined in s. 741.28 or [who] has reasonable
cause to believe he or she is in imminent danger of becoming the victim of any act of
domestic violence." § 741.30(1)(a) (emphasis added). Section 741.28(2) states:
"Domestic violence" means any assault, aggravated assault,
battery, aggravated battery, sexual assault, sexual battery,
stalking, aggravated stalking, kidnapping, false
imprisonment, or any criminal offense resulting in physical
injury or death of one family or household member by
another family or household member.
§ 741.28(2) (emphasis added).
Chapter 741 does not provide a definition for the criminal offenses listed in
section 741.28(2)....
...§ 784.0485(1), Fla. Stat. (2012) (providing for civil injunctive relief
for protection against stalking or cyberstalking). If such an act of violence is sufficiently
established and if it is between "family or household member[s]" as defined in section
741.28(3), the petitioner is not also required to demonstrate reasonable cause to
believe that he or she is in imminent danger of becoming the victim of any future act of
domestic violence.
Admittedly, there is some ambiguit...
Supreme Court of Florida | Filed: Jul 19, 2018 | Docket: 7471972
Published
a crime of domestic violence as defined in section 741.28, Florida Statutes, which was committed in the
933 So. 2d 1241, 2006 WL 1999451
District Court of Appeal of Florida | Filed: Jul 19, 2006 | Docket: 740362
Published
...We affirm because there is competent substantial evidence in the record to support the trial court's finding that the child had been the victim of domestic violence or was in imminent danger of becoming the victim of domestic violence. § 741.30(1)(a), Fla. Stat. (2005); § 741.28(2), Fla....
...resulting in physical injury or death of one family or *1242 household member by another family or household member"); see R.H. v. State, 709 So.2d 129 (Fla. 4th DCA 1998) (holding that son striking his mother was an act of "domestic violence" under section 741.28, Fla....
District Court of Appeal of Florida | Filed: Jul 17, 2024 | Docket: 68950682
Published
‘victim of domestic violence as defined in section 741.28 or has reasonable cause to believe he or she
District Court of Appeal of Florida | Filed: Jan 5, 2022 | Docket: 61689418
Published
member.” § 741.28(2), Fla. Stat. (2018). “A domestic violence designation under section 741.28(2) triggers
District Court of Appeal of Florida | Filed: Jan 29, 2025 | Docket: 69587488
Published
proper, including an injunction . . . . Section 741.28(2), Florida Statutes (2023), defines “domestic
52 So. 3d 831, 2011 Fla. App. LEXIS 601, 2011 WL 248522
District Court of Appeal of Florida | Filed: Jan 28, 2011 | Docket: 2533315
Published
...pertinent part: OBJECTIVE: It is the Department's intent to maintain a violence-free workplace by creating a business environment with a zero tolerance of behavior which leads to harassment and violence. This includes domestic violence as defined in Section 741.28, Florida Statutes....
District Court of Appeal of Florida | Filed: Feb 9, 2022 | Docket: 62984873
Published
of any act of domestic violence.” Section 741.28(2) defines
263 So. 3d 266
District Court of Appeal of Florida | Filed: Feb 4, 2019 | Docket: 14533666
Published
definition of domestic violence includes “stalking,” § 741.28(2), Fla. Stat., which is defined in section 784
27 So. 3d 232, 2010 Fla. App. LEXIS 1589, 2010 WL 532806
District Court of Appeal of Florida | Filed: Feb 17, 2010 | Docket: 1326965
Published
...th minor children. The injunction was entered pursuant to section 741.30, Florida Statutes (2008), which states: (6)(a) Upon notice and hearing, when it appears to the court that the petitioner is either the victim of domestic violence as defined by s. 741.28 or has reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence, the court may grant such relief as the court deems proper, including an injunction....
...believe" the minor children are "in imminent danger of becoming a victim of domestic violence." See Young v. Smith, 901 So.2d 372, 373 (Fla. 2d DCA 2005); Giallanza v. Giallanza, 787 So.2d 162, 165 (Fla. 2d DCA 2001). Domestic violence is defined in section 741.28(2), Florida Statutes (2008), as certain violent *233 or harmful criminal acts between family or household members....
District Court of Appeal of Florida | Filed: Feb 10, 2021 | Docket: 59241593
Published
member by another family or household member.” § 741.28(2), Fla. Stat. (2019). In determining whether
District Court of Appeal of Florida | Filed: Dec 9, 2020 | Docket: 18726932
Published
member by another family or household member.” § 741.28, Fla. Stat. (2019). As the trial court noted
262 So. 3d 221
District Court of Appeal of Florida | Filed: Dec 14, 2018 | Docket: 8409815
Published
member by another family or household member." § 741.28(2). "Where 'fear alone
District Court of Appeal of Florida | Filed: Dec 11, 2024 | Docket: 69455309
Published
(2023). Stalking is a form of domestic violence. § 741.28(2), Fla. Stat. (2023). Thus, both injunctions
District Court of Appeal of Florida | Filed: Dec 11, 2024 | Docket: 69455308
Published
(2023). Stalking is a form of domestic violence. § 741.28(2), Fla. Stat. (2023). Thus, both injunctions
District Court of Appeal of Florida | Filed: Dec 1, 2021 | Docket: 61585933
Published
becoming a victim of domestic violence . . . .” Section 741.28(2) defines “domestic violence” as “any assault
District Court of Appeal of Florida | Filed: Aug 30, 2019 | Docket: 16135508
Published
member by another family or household member.” § 741.28(2), Fla. Stat. This injunction was improper because
District Court of Appeal of Florida | Filed: Aug 20, 2025 | Docket: 71155240
Published
741.30, “domestic violence,” as defined in section 741.28, Florida Statutes (2023), “means any assault
944 So. 2d 1049, 2006 Fla. App. LEXIS 13624, 2006 WL 2355369
District Court of Appeal of Florida | Filed: Aug 16, 2006 | Docket: 1155425
Published
...and T.S. agreed that T.S. was at the door of R.S.'s house and kicked or threw a chair which hit the door. We conclude that this evidence does not amount to a legally sufficient demonstration that an act of domestic violence occurred in May 2005. See § 741.28(2), Fla....
District Court of Appeal of Florida | Filed: Aug 10, 2022 | Docket: 64881552
Published
a condition of probation.”) (emphasis added); § 741.28(2), Fla. Stat. (2019) (“‘Domestic violence’ means
District Court of Appeal of Florida | Filed: Aug 1, 2016 | Docket: 4120884
Published
both “domestic violence” and child “abuse.” See § 741.28(2), Fla. Stat. (2016); § 39.01(3), Fla. Stat.
District Court of Appeal of Florida | Filed: Apr 9, 2025 | Docket: 69864392
Published
victim of any act of domestic violence . . . .” Section 741.28(2), Florida Statutes (2022) defines “domestic
District Court of Appeal of Florida | Filed: Apr 23, 2025 | Docket: 69929817
Published
that the definition of “domestic violence” in section 741.28, Florida Statutes, includes stalking, and
