Florida Statute 741.28 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLIII
DOMESTIC RELATIONS

Chapter 741
MARRIAGE; DOMESTIC VIOLENCE

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F.S. 741.28

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.

F.S. 741.28 on Google Scholar

F.S. 741.28 on Casetext

Amendments to 741.28

Arrestable Offenses / Crimes under Fla. Stat. 741.28

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 741.28.

Annotations, Discussions, Cases:

Cases Citing Statute 741.28

Total Results: 20

Madeline Poses Schulmann v. Steven Schulmann

Court: Fla. Dist. Ct. App. | Date Filed: 2024-09-04T00:00:00-07:00

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

Douglas Joseph Thomas v. Caitlin Linglong Li

Court: Fla. Dist. Ct. App. | Date Filed: 2024-07-17T00:00:00-07:00

Snippet: victim of domestic violence as defined by s[ection] 741.28 or has reasonable cause to believe he or she is…victim of domestic violence as defined in section 741.28 or has reasonable cause to believe he or she is…741.30(1)(a), Fla. Stat. (2005))). Section 741.28(2), Florida Statutes (2022), defines the term “

In Re: Amendments to the Florida Supreme Court Approved Family Law Forms—12.980(a), 12.980(f), 12.980(g), 12.980(i), 12.980(j), 12.980(n), 12.980(q), 12.980(t), and 12.980(w)

Court: Fla. | Date Filed: 2024-06-20T00:00:00-07:00

Snippet: threatened to commit domestic violence defined in s. 741.28, Florida Statutes, as any assault

J.C. v. Department of Agriculture and Consumer Services, Division of Licensing

Court: Fla. Dist. Ct. App. | Date Filed: 2024-05-22T00:00:00-07:00

Snippet: violence, as those offenses are defined in section 741.28, Florida Statutes (2014). Thus, the Department’…“a crime of domestic violence, as defined in s. 741.28, that person shall be ordered by the court to a…crime of domestic violence, as defined in section 741.28, Florida Statutes: (2) “Domestic violence”…together in the same single dwelling unit. § 741.28, Fla. Stat. Despite these facts, eight years… law is not identical to federal law. Compare § 741.28(3), Fla. Stat., with 18 U.S.C. § 921(a)(33)(A).

MICHAEL REX VANDERHOOF v. LAUREN BROOKE ARMSTRONG

Court: Fla. Dist. Ct. App. | Date Filed: 2024-03-22T00:00:00-07:00

Snippet: or domestic violence as defined in s. 741.28 or which meets the criteria of s. 39.806

In Re: Amendments to Florida Supreme Court Approved Family Law Forms 12.980(a), 12.980(f), 12.980(n), 12.980(q), and 12.980(t)

Court: Fla. | Date Filed: 2023-08-24T00:00:00-07:00

Snippet: threatened to commit domestic violence defined in s. 741.28, Florida Statutes, as any assault

JOSE ALCAZAR v. THE STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2022-10-14T00:53:00-07:00

Snippet: 18. Act of domestic violence as defined in s. 741.28; 19. Home invasion robbery;

LUDWINE FRANCOIS v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2022-08-10T00:53:00-07:00

Snippet: a crime of domestic violence, as defined in s. 741.28, … the court shall order that the defendant attend…a condition of probation.”) (emphasis added); § 741.28(2), Fla. Stat. (2019) (“‘Domestic violence’ means

In Re: Amendments to Florida Rules of Juvenile Procedure, Florida Family Law Rules of Procedure, and Florida Supreme Court Approved Family Law Forms

Court: Fla. | Date Filed: 2022-07-14T00:53:00-07:00

Snippet: threatened to commit domestic violence defined in s. 741.28, Florida Statutes, as any assault

LUDWINE FRANCOIS v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2022-05-18T00:53:00-07:00

ALBERT E. NARVAEZ v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2022-03-16T00:53:00-07:00

Snippet: member.” § 741.28(2), Fla. Stat. (2018). “A domestic violence designation under section 741.28(2) triggers…DOMESTIC VIOLENCE, AS DEFINED IN [SECTION] 741.28,” AFTER A DEFENDANT’S FIRST JURY FOUND HIM

GREGORIO ANTONIO DICKSON v. GRETCHEN CURTIS, etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2022-02-08T23:53:00-08:00

Snippet: commit domestic violence defined in s. 741.28, Florida Statutes, as any assault, aggravated…a “victim of domestic violence as defined in s. 741.28 or has reasonable cause to believe he or she is…any act of domestic violence.” Section 741.28(2) defines

ALBERT E. NARVAEZ v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2022-01-04T23:53:00-08:00

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

AARON MCGUIRE v. MAGIORI C. BOSCAN

Court: Fla. Dist. Ct. App. | Date Filed: 2021-11-30T23:53:00-08:00

Snippet: the victim of domestic violence as defined by s. 741.28 or has reasonable cause to believe he or she is…a victim of domestic violence . . . .” Section 741.28(2) defines “domestic violence” as “any assault

GAVIN D. CADDY v. SUE-ANN N. ROBINSON

Court: Fla. Dist. Ct. App. | Date Filed: 2021-06-30T00:53:00-07:00

Snippet: 2015) (internal citations omitted). Section 741.28(2), Florida Statutes (2019), defines DV as “any

MICHAEL DITANNA v. BLAKE EDWARDS

Court: Fla. Dist. Ct. App. | Date Filed: 2021-06-30T00:53:00-07:00

Snippet: victim of domestic violence as defined in s. 741.28 or has … The definition of domestic violence in section 741.28(2), Florida Statutes (2020), includes “any . .

In Re: Amendments to the Florida Supreme Court Approved Family Law Forms – 12.980(a)-(d)

Court: Fla. | Date Filed: 2021-06-17T00:53:00-07:00

Snippet: threatened to commit domestic violence defined in s. 741.28, Florida Statutes, as any assault

JEREMY BETHEA v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2021-06-02T00:53:00-07:00

Snippet: conviction into a domestic violence conviction. See §§ 741.28, 741.283, Fla. Stat. (2018). We reverse the… a crime of domestic violence, as defined in s. 741.28.” The information described the victim as “a family…family or household member of [Appellant].” See § 741.28, Fla. Stat. (2018). The trial court’s instruction… A domestic violence designation under section 741.28(2) triggers mandatory minimum sentences under section…] in physical injury or death” of the victim. § 741.28(2), Fla. Stat. (2018). Section 741.283(1)

JONATHAN CHISCUL v. MICHELLE GOMEZ HERNANDEZ

Court: Fla. Dist. Ct. App. | Date Filed: 2021-02-09T23:53:00-08:00

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

LEE GIAT v. SCI FUNERAL SERVICES OF FLORIDA, LLC d/b/a MENORAH GARDENS

Court: Fla. Dist. Ct. App. | Date Filed: 2020-12-08T23:53:00-08:00

Snippet: act of domestic violence as defined in s. 741.28 that resulted in or contributed to the death