Florida/Georgia Personal Injury & Workers Compensation

...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....

...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....

..."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....

pro-prosecution policies for acts of domestic violence. § 741 .28. Clearly, then, the law would favor continued

...) 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....

...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....

...Giallanza, 787 So.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....

...2011, in determining whether a permanent injunction should be entered. If, after consideration of the factors set forth in section 741.30(b)(6), Florida Statutes, the court determines that wife is either the victim of domestic violence as defined in section 741.28 or has reasonable cause to believe that she is in imminent danger of becoming the victim of any act of domestic violence, it should enter a permanent injunction in her favor, which will continue until modified or dissolved....

...The Former Husband now appeals the final judgment of injunction, contending that it is not supported by competent, substantial evidence. Section 741.30(l)(a), Florida Statutes (2009), provides for the issuance of an injunction in favor of any family or household member, as defined in section 741.28(3), who is a victim of domestic violence or who “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, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in...

...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....

...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....

...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....

...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...

‘victim of domestic violence as defined in section 741.28 or has reasonable cause to believe he or she

...We therefore reverse and remand with directions to vacate the permanent injunction and for a new final hearing, either upon the existing petition or upon any amended petition that may properly be filed. 4 Reversed and remanded with directions. . There is no dispute that Marin and Sanchez are "family members” as defined in section 741.28, Florida Statutes (2013), because they did live together in the past....

...In denying her motion for rehearing, the trial court suggested that her conduct amounted to cyberstalking. Section 741.30(6) authorizes the court to issue an injunction when a person shows that he or she has been or is in imminent danger of being a victim of domestic violence as defined in section 741.28. “Do *479 mestic violence” under section 741.28(2), Florida Statutes (2011), includes the offense of “stalking” as one of the enumerated forms of domestic violence, which is the only offense that could possibly apply to the facts at bar....

...imminent danger of becoming a victim of domestic violence, as that term is statutorily defined. 2 The trial court decided that the evidence presented on the record supported Appellee’s reasonable fear of continuing domestic violence, as defined in section 741.28(2),- Florida Statutes, such that Appellant’s motion to dissolve the injunction should be denied....

...The court applied the correct stan *200 dard of proof, and Appellant fails to show that the court abused its discretion in denying his motion to dissolve the injunction in this case. The order on appeal is AFFIRMED. WETHERELL and JAY, JJ., CONCUR. . See §§ 741.28, 741.30, Fla. Stat. . 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....

...2d DCA 2008) (quoting section 741.30(l)(a), Fla. Stat. (2007))). “Domestic violence” is defined as “any assault, 2 aggravated assault, battery ... 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....

...Lahodik, 969 So.2d 533, 535 (Fla. 1st DCA 2007) (“It is well-established that the appellate court does not re-weigh the evidence or the credibility of witnesses.”). Appellee’s testimony describes an incident of domestic violence, as defined in section 741.28, Florida Statutes, and provides the requisite evidentiary support for the trial court’s decision to grant the petition....

...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....

...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)....

...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....

...ril 2015 Baker Act proceedings against her. As such, an injunction against sometimes overbearing parents who, as the trial judge held here, have “done an amazing job being on 1 The definition of “domestic violence” includes “stalking,” section 741.28, Florida Statutes, which is defined elsewhere as “willfully, maliciously, and repeatedly ....

...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....

...(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....

...including parental discipline. Section 741.30(l)(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 resul...

...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....

...listed in section 907.041(4)(a). 5 Although some of the listed crimes, like homicide, could be capital offenses or punishable by life imprisonment, others are not. For example, number 18 on the list is an “[a]ct of domestic violence as defined in s. 741.28.” Under the referenced statute, domestic violence may include a simple assault or battery. § 741.28(2), Fla....

...Sexual activity with a child, who is 12 years of age or older but less than 18 years of age, by or at solicitation of person in familial or custodial authority; 16. Burglary of a dwelling; 17. Stalking and aggravated stalking; 18. Act of domestic violence as defined in s. 741.28; 19....

...Section 741.30(l)(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 as *349 sault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in...

...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. . 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(l)(e)....

...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)....

...Statutes (2018). Analysis Section 741.30(1)(a) 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.” Id. Section 741.28(2), Florida Statutes (2018), defines domestic violence as “any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal o...

...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....

domestic violence as that term is defined in section 741.28, Florida Statutes, or have reasonable cause

statutory definition of domestic violence. See § 741.28(2), Fla. Stat. (2017). Moreover, an adult parent

...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...

...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....

...includes three3 or more grand thefts of the third degree of a motor vehicle, the subtotal sentence points are multiplied by 1.5. (22) [No Changes] (23) If 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), Florida Statutes, with the victim or perpetrator, the subtotal sentence points are multiplied by 1.5. (24) (A) Adult on minor sex offense....

...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...

responsible for the torts of the other. See § 741.28, Fla. Stat. (abrogating the common law that a

...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.” Id. § 741.28(2)....

...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...

...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)....

...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...

GROSS, J. We affirm appellant’s conviction for domestic battery in violation of section 741.28(2), Florida Statutes (2002)....

...(22) If the offender is found to be a member of a criminal street gang pursuant to section 874.04, Florida Statutes, at the time of the commission of the primary offense, the subtotal sentence points are multiplied by 1.5. (23) If 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, at the discretion of the court, by 1.5....

..., 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...

...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)....

...ourt may grant an injunction when “the petitioner is either the victim of domestic violence” or where there is “reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence.” § 741.30(6)(a). Under section 741.28(2), Florida Statutes (2017), “[d]omestic violence” is defined as “any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, 6 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)....

...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 phy...

...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...

...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)....

...to show either that Child was a victim of domestic violence or that Child had reasonable cause to believe that she was in imminent danger of becoming a victim of domestic violence. § 741.30(6)(a), Fla. Stat. (2024). Domestic violence is defined in section 741.28(2), Florida Statutes (2024): “‘Domestic violence’ means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any crimin...

...Kordecki did not allege that Ms. Zapiola has threatened her in any way. A domestic violence injunction may be issued "[u]pon notice and hearing, when it appears to the court that [a] petitioner is either the victim of domestic violence as defined by [section] 741.28 or has reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence." § 741.30(6)(a), Fla....

...domestic 1 We note that Ms. Kordecki failed to establish that she could seek an injunction for protection against domestic violence where she did not establish that she qualified as a family or household member under section 741.28(3)....

...Oettmeier, 960 So. 2d 902, 904 (Fla. 2d DCA 2007) (quoting family or household member to include "spouses, former spouses, . . . [and] persons who are presently residing together as if a family or who have resided together in the past as if a family." § 741.28(3); see also § 741.28(2) (defining 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 in...

...fear of imminent domestic violence.  Section 741.30(6)(a), Florida Statutes (2016), provides for the issuance of an injunction "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." "Although an act of domestic violence need not be completed before one may seek injunctive relief, if fear alone is the 'reaso...

...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)....

...lt, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury to 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.Stat....

...(Defendant) knew that a condition of [his] [her] pretrial release was (insert condition). 4. (Defendant) willfully violated that condition of pretrial release by (insert the manner in which the defendant is alleged to have violated pretrial release). Definitions. § 741.28, Fla....

...was talking about the incidents with James's friends after the incidents occurred. Second, the only act that James witnessed herself occurred in June 2012, when Leaphart "busted her lip." While this incident constitutes domestic violence under the statute, § 741.28(2), it is not enough to support an injunction in the absence of other conduct by Leaphart because the incident occurred approximately twenty months before the petition was filed....

...al street gang pursuant — founder section 874.04, Florida Statutes, at the time of the commission of the primary offense, the subtotal sentence points are multiplied by 1.5. (23) If 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....

...ence), it is contrary to Florida statutory law. Section 741.30(l)(e), Florida Statutes (2002), provides that a “cause of action for a[] [domestic violence] injunction may be sought by family or household members. ...” (Emphasis added). Moreover, section 741.28(3), Florida Statutes *1213 (2002), provides that “ ‘Family or household member’ means ......

...§ 741.30(l)(a), Fla. Stat. (2002). “Domestic violence” is defined, in part, as “any assault, ... battery, ... or any criminal offense resulting in physical injury ... of one family or household member by another family or household member.” § 741.28(2), Fla....

occur in conjunction with crimes enumerated in section 741.28(1). In that subsection, the phrase “resulting

...king, aggravated 5 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.” Id. § 741.28(2). Here, after the evidentiary hearing, the trial court made two findings: that Luddy had “been the victim of domestic violence”; and “she’s [had] cause to believe that she would be a victim of domestic violence in the fut...

...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...

definition of domestic violence includes “stalking,” § 741.28(2), Fla. Stat., which is defined in section 784

...d battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physi *200 cal injury or death of one family or household member by another family or household member.” § 741.28(2)....

...Mascia filed a petition seeking an injunction for protection against domestic violence against Morris, the uncle of Mascia’s wife. In order to have standing to seek such an injunction, section 741.30(l)(e), Florida Statutes, requires that a petitioner be a “family or household member[].” Section 741.28(3), Florida Statutes defines a “family or household member” as follows: “Family or household member” means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a famil...

...unit. (emphasis added). Thus, a party filing a petition under section 741.30 must prove “that the parties are residing, or have resided, together in the same single dwelling unit.” Fuccio v. Durso, 48 So.3d 1013, 1014 (Fla. 5th DCA 2010) (citing section 741.28, Fla....

...attery, stalking, ag- gravated stalking, kidnapping, false imprisonment, or any criminal offense re- sulting in physical injury or death of one family or household member by an- other family or household member.” Fla. Stat. § 741.28 (2024). 2 Dr....

member by another family or household member.” § 741.28(2), Fla. Stat. (2022). The conduct most pertinent

...e. In this appeal of a domestic violence injunction entered pursuant to Chapter 741, Florida Statutes, appellant argues that the injunction was improperly entered because he does not meet the statutory definition of “family or household member.” § 741.28(2), Fla....

...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).

the victim of domestic violence as defined in section 741.28 or has reasonable cause to believe he or she

...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....

...The trial court also announced a batterer’s surcharge in the amount of $201. This surcharge was appropriate under section 938.08, Florida Statutes (2023), which allows for imposition of a surcharge of $201 for any offense of domestic violence as described in section 741.28(2), Florida Statutes (2023)....

...If that is the case, then Redman’s total would be less than what is required by the final judgment. Because the court costs are in a lump sum and the trial court failed to explain its rationale, meaningful appellate review is impossible. See, e.g., Anderson, 229 So. 1 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 physic...

...onvicted of a “misdemeanor crime of domestic violence,” which includes as an “element,” the use of force against certain persons comparable to a spouse. J.C. was not convicted of a crime of domestic violence, as those offenses are defined in section 741.28, Florida Statutes (2014)....

...battery, based on his plea to that offense. In the transcript from that plea hearing, the trial court advised J.C. that he was charged with “battery” and sentenced him to nine months of probation. That would not have been a lawful sentence for domestic violence battery. See § 741.281, Fla. Stat. (requiring that when a person is sentenced for “a crime of domestic violence, as defined in s. 741.28, that person shall be ordered by the court to a minimum term of 1 year’s probation”). Although J.C. agreed to complete the batterers’ intervention program as established by section 741.281, Florida 1 This statutory subsection is a provision of the Federal Gun Control Act also known as the Lautenberg Amendment. 2 Statutes, this agreement did not convert the conviction of simple battery into a conviction and sentence for a crime of domestic violence....

...1st DCA 2010) (allowing a defendant as part of a plea agreement to agree to conditions of probation that would not otherwise be required by statute). There was no judicial finding that J.C. committed a misdemeanor crime of domestic violence, as defined in section 741.28, Florida Statutes: (2) “Domestic violence” means any ....

...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, Fla....

...Rather, the other factors discussed in the Costigan cases could show that the perpetrator was “similarly situated to a spouse” even if the parties were not cohabitating. Next, it should be noted that the definition of domestic violence under Florida law is not identical to federal law. Compare § 741.28(3), Fla. Stat., with 18 U.S.C. § 921(a)(33)(A). In some ways Florida law is broader than federal law. In Florida, domestic violence can be committed against “persons related by blood or marriage” if they reside or resided together in the past. § 741.28(3)....

...cause Appellant entered a guilty plea to the charge at his first appearance before the trial judge, we do not have an information specifying the charge. The arrest report does not mention domestic violence or reference the domestic violence statute, section 741.28, Florida Statutes....

...d uncharged domestic violence incident involving the defendant’s family, the defendant’s convictions for battery on a law enforcement officer and resisting an officer with violence did not qualify her for a batterers’ intervention program. See § 741.281, Fla. Stat. (2019) (“If a person is found guilty of … a crime of domestic violence, as defined in s. 741.28, … the court shall order that the defendant attend and complete a batterers’ intervention program as a condition of probation.”) (emphasis added); § 741.28(2), Fla....

...- 14 -  (e) Emergency Order. During a collaborative law process, a court may issue emergency orders to protect the health, safety, welfare, or interest of a party or a family or household member as defined in section 741.28, Florida Statutes. (f) Disqualification of Collaborative Lawyer and Lawyers in Associated Law Firm. (1) Except as otherwise provided in subdivision (f)(3), a collaborative lawyer is disqualified from appearing b...

...(A) to ask a court to approve an agreement resulting from the collaborative law process; or (B) to seek to defend an emergency order to protect the health, safety, welfare, or interest of a party, or a family or household member as defined in section 741.28, Florida Statutes, if a successor lawyer is not immediately available to represent that person, but only until the party or family or household member is represented by a successor lawyer or reasonable measures are taken to protect the...

...and dating violence. The changes are necessary to comport with recent legislative changes. We have jurisdiction. See art. V, § 2(a), Fla. Const. During the 2002 session, the Legislature amended the definition of “domestic violence” set forth in section 741.28, Florida Statutes (2001)....

domestic violence.” § 741.30(1)(a), Fla. Stat. Section 741.28(2), Florida Statutes (2019), defines “domestic

an act of domestie-violenee--as-de-fined in F.S. 741.28(1), and the following conditions exist; a-resplte-home-or—

threatened to commit domestic violence defined in section 741.28, Florida Statutes, as any assault

member by another family or household member.” § 741.28(2), Fla. Stat. (2012). To determine whether

member.” § 741.28(2), Fla. Stat. (2018). “A domestic violence designation under section 741.28(2) triggers

member by another family or household member.” § 741.28(2), Fla. Stat. (2024). Here, the court issued

petition for an injunction for protection. . Section 741.28(2), Florida Statutes (2014), defines domestic

the defendant or the victim? Yes No § 741.28, Fla. Stat. "Domestic violence" means

victim of domestic violence as defined in section 741.28 or has reasonable cause to believe he or she

DCA 2015) (internal citations omitted). Section 741.28(2), Florida Statutes (2019), defines DV as

violence. The definition of domestic violence in section 741.28(2), Florida Statutes (2020), includes “any

a crime of domestic violence as defined in section 741.28, Florida Statutes (1995), and such offense

30(6)(a), Fla. Stat. (2010) (emphasis added). Section 741.28 defines "domestic violence" as "any assault

family or household member of [Appellant].” See § 741.28, Fla. Stat. (2018). The trial court’s instruction

residing in the same single dwelling unit. Section 741.28, Florida Statutes (1997), provides the following

a crime of domestic violence as defined in section 741.28, Florida Statutes, which was committed in the

domestic violence. § 741.30(1)(a), Fla. Stat. (2005); § 741.28(2), Fla. Stat. (2005) (defining domestic violence

‘victim of domestic violence as defined in section 741.28 or has reasonable cause to believe he or she

member.” § 741.28(2), Fla. Stat. (2018). “A domestic violence designation under section 741.28(2) triggers

proper, including an injunction . . . . Section 741.28(2), Florida Statutes (2023), defines “domestic

This includes domestic violence as defined in Section 741.28, Florida Statutes. This policy is established

injunction as provided by section 741.30(l)(e). Section 741.28(3) clearly states: “Family or household member”

of any act of domestic violence.” Section 741.28(2) defines

DCA 2001). Domestic violence is defined in section 741.28(2), Florida Statutes (2008), as certain violent

member by another family or household member.” § 741.28(2), Fla. Stat. (2019). In determining whether

member by another family or household member.” § 741.28, Fla. Stat. (2019). As the trial court noted

a crime of domestic violence as defined in section 741.28, Florida Statutes, which was committed in the

such an injunction, the controlling statute, section 741.28 of the Florida Statutes (2008), requires proof

such an injunction, the controlling statute, section 741.28 of the Florida Statutes (2008), specifically

member by another family or household member." § 741.28(2). "Where 'fear alone

(2023). Stalking is a form of domestic violence. § 741.28(2), Fla. Stat. (2023). Thus, both injunctions

(2023). Stalking is a form of domestic violence. § 741.28(2), Fla. Stat. (2023). Thus, both injunctions

becoming a victim of domestic violence . . . .” Section 741.28(2) defines “domestic violence” as “any assault

both “domestic violence” and child “abuse.” See § 741.28(2), Fla. Stat. (2016); § 39.01(3), Fla. Stat.

041(4)(a)18., Fla. Stat. (2003). Turning to Section 741.28, Florida Statutes, “Domestic violence means

member by another family or household member.” § 741.28(2), Fla. Stat. This injunction was improper because

741.30, “domestic violence,” as defined in section 741.28, Florida Statutes (2023), “means any assault

of domestic violence occurred in May 2005. See § 741.28(2), Fla. Stat. ("`Domestic violence' means any

a condition of probation.”) (emphasis added); § 741.28(2), Fla. Stat. (2019) (“‘Domestic violence’ means

both “domestic violence” and child “abuse.” See § 741.28(2), Fla. Stat. (2016); § 39.01(3), Fla. Stat.

victim of any act of domestic violence . . . .” Section 741.28(2), Florida Statutes (2022) defines “domestic

that the definition of “domestic violence” in section 741.28, Florida Statutes, includes stalking, and