Florida Statutes

Fla. Stat. § 741.28 (2025)

Domestic violence; definitions.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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741.28 Domestic violence; definitions.—As used in ss. 741.28-741.31:

(1) “Department” means the Florida Department of Law Enforcement.

(2) “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.

(3) “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 together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. 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.

(4) “Law enforcement officer” means any person who is elected, appointed, or employed by any municipality or the state or any political subdivision thereof who meets the minimum qualifications established in s. 943.13 and is certified as a law enforcement officer under s. 943.1395.

History.—s. 1, ch. 94-134; s. 1, ch. 94-135; s. 1, ch. 95-195; s. 4, ch. 97-155; s. 9, ch. 2002-55.

Notes of Decisions

Cited in 123 cases (26 in the last 5 years), 1995–2026 · leading case: Jackson v. Echols, 937 So. 2d 1247 (Fla. 3d DCA 2006).

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Jackson v. Echols, 937 So. 2d 1247 (Fla. 3d DCA 2006). · cites it 4× “" § 741.28(2), Fla. Stat. (2005). In addition, "family or household member" is defined, in part, as follows: "persons who are presently residing together as if a family or who have resided together in the past as if a family .”

Carl Selph v. Decirena Selph, 144 So. 3d 676 (Fla. 4th DCA 2014). · cites it 7× “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…”

Bacchus v. Bacchus, 108 So. 3d 712 (Fla. 5th DCA 2013). · cites it 3× “2d at 164 (stating that indirect harassment of wife by husband, such as by making unfounded calls to HRS and false reports to sheriffs office, would not support finding of objectively reasonable fear of imminent danger due to domestic violence); see also § 741.28, Fla. Stat.…”

Noe v. Noe, 217 So. 3d 196 (Fla. 1st DCA 2017). · cites it 4× “While not raised at the hearing, it is possible that someone incarcerated could commit domestic violence as defined by section 741.28, Florida Statutes, by assault, stalking, or aggravated stalking.”

State v. Thompson, 750 So. 2d 643 (Fla. 1999). · cites it 2× “See § 741.28(1), Fla. Stat. Thus, as in *650 Burch v.”

Robinson v. Robinson, 257 So. 3d 1187 (Fla. 5th DCA 2018). · cites it 5× “30(6)(a), Florida Statutes (2017), a petitioner must either be the victim of domestic violence as that term is defined in section 741.28, Florida Statutes, or have reasonable cause to believe that he or she is in imminent danger of becoming a victim of domestic violence.”

Giallanza v. Giallanza, 787 So. 2d 162 (Fla. 2d DCA 2001). · cites it 2× “" § 741.28(1), Fla. Stat. (1995). Section 741.”

Regalado Lopez v. Regalado, 257 So. 3d 550 (Fla. 3d DCA 2018). · cites it 2× “As a general matter, 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…”

Gill v. Gill, 50 So. 3d 772 (Fla. 2d DCA 2010). · cites it 2× “” Section 741.28(2) 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 injury or death of one…”

Barile v. Gayheart, 80 So. 3d 1085 (Fla. 2d DCA 2012). · cites it 4× “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). 2 In addition to failing to show acts of repeat violence, she also did not establish the other…”

Doty v. State, 884 So. 2d 547 (Fla. 4th DCA 2004). · cites it 2× “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.”

Kenneth B. Wills & Bobbie Akins v. Rashida Wills Jones, 213 So. 3d 982 (Fla. 1st DCA 2016). · cites it 2× “The definition of "domestic violence" includes "stalking,” section 741.28, Florida Statutes, which is defined elsewhere as "willfully, maliciously, and repeatedly .”

Show all 123 citing cases →

— 741.28(1) — 10 cases

State v. Thompson, 750 So. 2d 643 (Fla. 1999). “See § 741.28(1), Fla. Stat. Thus, as in *650 Burch v.”

Giallanza v. Giallanza, 787 So. 2d 162 (Fla. 2d DCA 2001). “" § 741.28(1), Fla. Stat. (1995). Section 741.”

Doty v. State, 884 So. 2d 547 (Fla. 4th DCA 2004). “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.”

Trapp v. State, 736 So. 2d 736 (Fla. 1st DCA 1999).

Kopelovich v. Kopelovich, 793 So. 2d 31 (Fla. 2d DCA 2001).

— 741.28(2) — 76 cases

Carl Selph v. Decirena Selph, 144 So. 3d 676 (Fla. 4th DCA 2014). “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…”

Jackson v. Echols, 937 So. 2d 1247 (Fla. 3d DCA 2006). “" § 741.28(2), Fla. Stat. (2005). In addition, "family or household member" is defined, in part, as follows: "persons who are presently residing together as if a family or who have resided together in the past as if a family .”

Robinson v. Robinson, 257 So. 3d 1187 (Fla. 5th DCA 2018). “30(6)(a), Florida Statutes (2017), a petitioner must either be the victim of domestic violence as that term is defined in section 741.28, Florida Statutes, or have reasonable cause to believe that he or she is in imminent danger of becoming a victim of domestic violence.”

Stone v. Stone, 128 So. 3d 239 (Fla. 4th DCA 2013).

Weisberg v. Albert, 123 So. 3d 663 (Fla. 4th DCA 2013).

— 741.28(3) — 14 cases

Gill v. Gill, 50 So. 3d 772 (Fla. 2d DCA 2010). “” Section 741.28(2) 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 injury or death of one…”

Zapiola v. Kordecki, 210 So. 3d 249 (Fla. 2d DCA 2017).

Bond v. Bond, 917 So. 2d 268 (Fla. 5th DCA 2005).

Branson v. Rodriguez-Linares, 143 So. 3d 1070 (Fla. 2d DCA 2014).

— 741.28(4) — 1 case

Ward v. State, 965 So. 2d 308 (Fla. 3d DCA 2007).

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