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Fla. Stat. § 741.2901 (2025)

Domestic violence cases; prosecutors; legislative intent; investigation; duty of circuits; first appearance.

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741.2901 Domestic violence cases; prosecutors; legislative intent; investigation; duty of circuits; first appearance.—
(1) Each state attorney shall develop special units or assign prosecutors to specialize in the prosecution of domestic violence cases, but such specialization need not be an exclusive area of duty assignment. These prosecutors, specializing in domestic violence cases, and their support staff shall receive training in domestic violence issues.
(2) It is the intent of the Legislature that domestic violence be treated as a criminal act rather than a private matter. For that reason, criminal prosecution shall be the favored method of enforcing compliance with injunctions for protection against domestic violence as both length and severity of sentence for those found to have committed the crime of domestic violence can be greater, thus providing greater protection to victims and better accountability of perpetrators. This provision shall not preclude such enforcement by the court through the use of indirect criminal contempt. The state attorney in each circuit shall adopt a pro-prosecution policy for acts of domestic violence, as defined in s. 741.28, and an intake policy and procedures coordinated with the clerk of court for violations of injunctions for protection against domestic violence. The filing, nonfiling, or diversion of criminal charges, and the prosecution of violations of injunctions for protection against domestic violence by the state attorney, shall be determined by these specialized prosecutors over the objection of the victim, if necessary.
(3) Prior to a defendant’s first appearance in any charge of domestic violence as defined in s. 741.28, the State Attorney’s Office shall perform a thorough investigation of the defendant’s history, including, but not limited to: prior arrests for domestic violence, prior arrests for nondomestic charges, prior injunctions for protection against domestic and repeat violence filed listing the defendant as respondent and noting history of other victims, and prior walk-in domestic complaints filed against the defendant. This information shall be presented at first appearance, when setting bond, and when passing sentence, for consideration by the court. When a defendant is arrested for an act of domestic violence, the defendant shall be held in custody until brought before the court for admittance to bail in accordance with chapter 903. In determining bail, the court shall consider the safety of the victim, the victim’s children, and any other person who may be in danger if the defendant is released.
History.—s. 4, ch. 91-210; s. 3, ch. 94-134; s. 3, ch. 94-135; s. 3, ch. 95-195.
Notes of Decisions
Cited in 15 cases, 1995–2019 · leading case: Tobkin v. State, 777 So. 2d 1160 (Fla. 4th DCA 2001).
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Tobkin v. State, 777 So. 2d 1160 (Fla. 4th DCA 2001). · cites it 3× “See § 741.2901(2), Fla. Stat. (2000); State v.”
Walker v. Bentley, 678 So. 2d 1265 (Fla. 1996). · cites it 4× “This provides the consistency necessary to allow section 741.2901 to be read in conjunction with section 741.”
Weiand v. State, 732 So. 2d 1044 (Fla. 1999). · cites it 2× “See § 741.2901(3), Fla. Stat. (1997); ch. 95-195, § 3, at 1763, Laws of Fla.”
Walker v. Bentley, 660 So. 2d 313 (Fla. 2d DCA 1995). · cites it 4× “" § 741.2901(2), Fla. Stat. (Supp. 1994) (revision underscored).”
Burk v. Washington, 713 So. 2d 988 (Fla. 1998). · cites it 3× “[7] The correct citation is section 741.2901(1). [8] Rule 3.840(a) provides that the judge "may issue and sign an order .”
Bowers v. Jenne, 710 So. 2d 681 (Fla. 4th DCA 1998). · cites it 2× “The state argues that the trial court was authorized to increase bond because this was a domestic violence case and that section 741.2901(3), Florida Statutes (1997), provides the factors to be considered for bond in such cases.”
Thourtman v. Junior, 275 So. 3d 726 (Fla. 3d DCA 2019). · cites it 2× “§ 741.2901, Fla. Stat. (domestic violence); § 825.”
Lopez v. Bentley, 660 So. 2d 1138 (Fla. 2d DCA 1995). · cites it 4× “Pursuant to section 741.2901(2), Florida Statutes (Supp.”
Wells v. State, 654 So. 2d 145 (Fla. 3d DCA 1995). “” § 741.2901(2), Florida Statutes (Supp.1994).”
Thourtman v. Junior, 275 So. 3d 726 (Fla. 3d DCA 2019). · cites it 2× “§ 741.2901, Fla. Stat. (domestic violence); § 825.”
State v. Conley, 799 So. 2d 400 (Fla. 4th DCA 2001). · cites it 2× “” A view of the law that a victim of domestic violence can consent to the batteries and injuries perpetrated on him or her is incompatible with both the general law of battery and the specific legislative intent expressed in section 741.2901(2), Florida Statutes (1999), which…”
Est. of Brown ex rel. Brown v. Woodham, 840 So. 2d 1105 (Fla. 1st DCA 2003). · cites it 2× “) The legislative intent is farther manifested in section 741.2901(3), Florida Statutes (2000) (emphasis added), providing: When a defendant is arrested for an act of domestic violence, the defendant shall be held in custody until brought before the court for admittance to bail…”
Show all 15 citing cases →
— 741.2901(1) — 1 case
Burk v. Washington, 713 So. 2d 988 (Fla. 1998). “[7] The correct citation is section 741.2901(1). [8] Rule 3.840(a) provides that the judge "may issue and sign an order .”
— 741.2901(2) — 9 cases
Tobkin v. State, 777 So. 2d 1160 (Fla. 4th DCA 2001). “See § 741.2901(2), Fla. Stat. (2000); State v.”
Walker v. Bentley, 660 So. 2d 313 (Fla. 2d DCA 1995). “" § 741.2901(2), Fla. Stat. (Supp. 1994) (revision underscored).”
Walker v. Bentley, 678 So. 2d 1265 (Fla. 1996). “This provides the consistency necessary to allow section 741.2901 to be read in conjunction with section 741.”
Burk v. Washington, 713 So. 2d 988 (Fla. 1998). “[7] The correct citation is section 741.2901(1). [8] Rule 3.840(a) provides that the judge "may issue and sign an order .”
Lopez v. Bentley, 660 So. 2d 1138 (Fla. 2d DCA 1995). “Pursuant to section 741.2901(2), Florida Statutes (Supp.”
— 741.2901(3) — 3 cases
Weiand v. State, 732 So. 2d 1044 (Fla. 1999). “See § 741.2901(3), Fla. Stat. (1997); ch. 95-195, § 3, at 1763, Laws of Fla.”
Bowers v. Jenne, 710 So. 2d 681 (Fla. 4th DCA 1998). “The state argues that the trial court was authorized to increase bond because this was a domestic violence case and that section 741.2901(3), Florida Statutes (1997), provides the factors to be considered for bond in such cases.”
Est. of Brown ex rel. Brown v. Woodham, 840 So. 2d 1105 (Fla. 1st DCA 2003). “) The legislative intent is farther manifested in section 741.2901(3), Florida Statutes (2000) (emphasis added), providing: When a defendant is arrested for an act of domestic violence, the defendant shall be held in custody until brought before the court for admittance to bail…”
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