Florida Statute 741.2901 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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.

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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 Citing Statute 741.2901

Total Results: 15

Thourtman v. Junior

Court: Fla. Dist. Ct. App. | Date Filed: 2019-06-12T00:00:00-07:00

Citation: 275 So. 3d 726

Snippet: subject the defendant to a stay-away order. § 741.2901, Fla. Stat. (domestic violence); § 825.1035(11

Thourtman v. Junior

Court: Fla. Dist. Ct. App. | Date Filed: 2019-06-12T00:00:00-07:00

Citation: 275 So. 3d 726

Snippet: subject the defendant to a stay-away order. § 741.2901, Fla. Stat. (domestic violence); § 825.1035(11

Sando v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2008-01-10T00:00:00-08:00

Citation: 972 So. 2d 271, 2008 Fla. App. LEXIS 276, 2008 WL 110104

Snippet: See § 741.31(2), Fla. Stat. (2007); see also § 741.2901(2), Fla. Stat. (2007) (providing that “criminal

State v. Delama

Court: Fla. Dist. Ct. App. | Date Filed: 2007-10-17T00:00:00-07:00

Citation: 967 So. 2d 385, 2007 Fla. App. LEXIS 16302, 2007 WL 3008593

Snippet: pro-prosecution policy for acts of domestic violence. See § 741.2901, Fla. Stat. (2006). This commendable policy, however

Estate of Brown ex rel. Brown v. Woodham

Court: Fla. Dist. Ct. App. | Date Filed: 2003-03-18T00:00:00-08:00

Citation: 840 So. 2d 1105, 2003 Fla. App. LEXIS 3482

Snippet: legislative intent is farther manifested in section 741.2901(3), Florida Statutes (2000) (emphasis added),

State v. Conley

Court: Fla. Dist. Ct. App. | Date Filed: 2001-11-14T00:00:00-08:00

Citation: 799 So. 2d 400, 2001 Fla. App. LEXIS 16037, 2001 WL 1419331

Snippet: specific legislative intent expressed in section 741.2901(2), Florida Statutes (1999), which states, “It

Tobkin v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2001-02-14T00:00:00-08:00

Citation: 777 So. 2d 1160, 2001 WL 121127

Snippet: action" resting with the victim. Compare §§ 741.2901(2) & 741.30(1), Fla. Stat. (1999). Domestic…whether to prosecute remains with the state. See § 741.2901(2), Fla. Stat. (2000); State v. Wheeler, 745 So

Weiand v. State

Court: Fla. | Date Filed: 1999-03-11T00:00:00-08:00

Citation: 732 So. 2d 1044

Snippet: and in setting the defendant's bail. See § 741.2901(3), Fla. Stat. (1997); ch. 95-195, § 3, at 1763

Burk v. Washington

Court: Fla. | Date Filed: 1998-06-12T00:53:00-07:00

Citation: 713 So. 2d 988

Snippet: this case. [7] The correct citation is section 741.2901(1). [8] Rule 3.840(a) provides that the judge…domestic violence draws this distinction. Section 741.2901(2), Florida Statutes (1997), establishes, in pertinent

Bowers v. Jenne

Court: Fla. Dist. Ct. App. | Date Filed: 1998-04-27T00:53:00-07:00

Citation: 710 So. 2d 681

Snippet: was a domestic violence case and that section 741.2901(3), Florida Statutes (1997), provides the factors

Walker v. Bentley

Court: Fla. | Date Filed: 1996-08-22T00:53:00-07:00

Citation: 678 So. 2d 1265

Snippet: added.) The legislature also provided, in section 741.2901(2), that domestic violence was to "be treated…address the legislative intent set forth in section 741.2901(2), wherein the legislature stated: It is the …power, we find the underlined portion of section 741.2901(2) to be unconstitutional. This provides the consistency… consistency necessary to allow section 741.2901 to be read in conjunction with section 741.30(8)(a).

Lopez v. Bentley

Court: Fla. Dist. Ct. App. | Date Filed: 1995-09-13T00:53:00-07:00

Citation: 660 So. 2d 1138

Snippet: for domestic violence cases. Pursuant to section 741.2901(2), Florida Statutes (Supp. 1994), indirect criminal…through a civil contempt proceeding. Unlike section 741.2901(2), there is no legislative prohibition against…contempt under section 741.30, even when section 741.2901(2) specifically denies those powers to the trial

Walker v. Bentley

Court: Fla. Dist. Ct. App. | Date Filed: 1995-08-30T00:53:00-07:00

Citation: 660 So. 2d 313

Snippet: protection against domestic violence." § 741.2901(2), Fla. Stat. (Supp. 1994) (revision underscored…declaration of intent language set forth in section 741.2901(2), Florida Statutes (Supp. 1994), makes it clear

Holloway v. Franklin

Court: Fla. Dist. Ct. App. | Date Filed: 1995-04-04T00:00:00-07:00

Citation: 652 So. 2d 1217, 1995 Fla. App. LEXIS 3374, 1995 WL 141143

Snippet: contempt rather than as a misdemeanor. See §§ 741.2901(2) and .31, Fla.Stat. (Supp.1994); In re Report

Wells v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1995-01-25T00:00:00-08:00

Citation: 654 So. 2d 145, 1995 Fla. App. LEXIS 439, 1995 WL 25758

Snippet: an illegal act rather than a private matter.” § 741.2901(2), Florida Statutes (Supp.1994). No.