The 2023 Florida Statutes (including Special Session C)

Title XLIII
DOMESTIC RELATIONS

Chapter 741
MARRIAGE; DOMESTIC VIOLENCE

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F.S. 741.2901

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.

F.S. 741.2901 on Google Scholar

F.S. 741.2901 on Casetext

Amendments to 741.2901

Arrestable Offenses / Crimes under Fla. Stat. 741.2901

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 741.2901.

Annotations, Discussions, Cases:

Cases from cite.case.law:

THOURTMAN, v. JUNIOR,, 275 So. 3d 726 (Fla. App. Ct. 2019)

. . . . § 741.2901, Fla. Stat. (domestic violence); § 825.1035(11)(b), Fla. Stat. . . .

SANDO, v. STATE Al, 972 So. 2d 271 (Fla. Dist. Ct. App. 2008)

. . . Stat. (2007); see also § 741.2901(2), Fla. . . .

STATE v. DELAMA, 967 So. 2d 385 (Fla. Dist. Ct. App. 2007)

. . . See § 741.2901, Fla. Stat. (2006). . . .

ESTATE OF BROWN, BROWN, v. W. A. WOODHAM,, 840 So. 2d 1105 (Fla. Dist. Ct. App. 2003)

. . . The legislative intent is farther manifested in section 741.2901(3), Florida Statutes (2000) (emphasis . . .

STATE v. CONLEY,, 799 So. 2d 400 (Fla. Dist. Ct. App. 2001)

. . . incompatible with both the general law of battery and the specific legislative intent expressed in section 741.2901 . . .

TOBKIN, v. STATE, 777 So. 2d 1160 (Fla. Dist. Ct. App. 2001)

. . . See § 741.2901(2), Fla. Stat. (2000); State v. . . . Compare §§ 741.2901(2) & 741.30(1), Fla. Stat. (1999). . . .

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. . . .

BURK, v. WASHINGTON,, 713 So. 2d 988 (Fla. 1998)

. . . The correct citation is section 741.2901(1). . . . . Section 741.2901(2), Florida Statutes (1997), establishes, in pertinent part, that: It is the intent . . .

BOWERS, v. JENNE,, 710 So. 2d 681 (Fla. Dist. Ct. App. 1998)

. . . trial court was authorized to increase bond because this was a domestic violence case and that section 741.2901 . . .

WALKER, v. E. BENTLEY,, 678 So. 2d 1265 (Fla. 1996)

. . . The legislature also provided, in section 741.2901(2), that domestic violence was to “be treated as an . . . conclusion, however, we also find it necessary to address the legislative intent set forth in section 741.2901 . . . cannot eliminate the court’s indirect criminal contempt power, we find the underlined portion of section 741.2901 . . . This provides the consistency necessary to allow section 741.2901 to be read in conjunction with section . . .

LOPEZ, v. E. BENTLEY, 660 So. 2d 1138 (Fla. Dist. Ct. App. 1995)

. . . Pursuant to section 741.2901(2), Florida Statutes (Supp.1994), indirect criminal contempt may no longer . . . Unlike section 741.2901(2), there is no legislative prohibition against a trial court exercising its . . . constitutional inherent powers of indirect criminal contempt under section 741.30, even when section 741.2901 . . .

WALKER, v. E. BENTLEY,, 660 So. 2d 313 (Fla. Dist. Ct. App. 1995)

. . . The declaration of intent language set forth in section 741.2901(2), Florida Statutes (Supp.1994), makes . . . .” § 741.2901(2), Fla.Stat. (Supp. 1994) (revision underscored). . . .

HOLLOWAY, v. FRANKLIN, 652 So. 2d 1217 (Fla. Dist. Ct. App. 1995)

. . . See §§ 741.2901(2) and .31, Fla.Stat. . . .

WELLS, v. STATE, 654 So. 2d 145 (Fla. Dist. Ct. App. 1995)

. . . .” § 741.2901(2), Florida Statutes (Supp.1994). . . .