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The 2025 Florida Statutes
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F.S. 741.2901741.2901 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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Annotations, Discussions, Cases:
Cases Citing Statute 741.2901
Total Results: 14
732 So. 2d 1044, 1999 WL 125522
Supreme Court of Florida | Filed: Mar 11, 1999 | Docket: 460467
Cited 45 times | Published
released and in setting the defendant's bail. See § 741.2901(3), Fla. Stat. (1997); ch. 95-195, § 3, at 1763
777 So. 2d 1160, 2001 WL 121127
District Court of Appeal of Florida | Filed: Feb 14, 2001 | Docket: 1513913
Cited 17 times | Published
whether to prosecute remains with the state. See § 741.2901(2), Fla. Stat. (2000); State v. Wheeler, 745
678 So. 2d 1265, 1996 WL 473315
Supreme Court of Florida | Filed: Aug 22, 1996 | Docket: 1471081
Cited 9 times | Published
added.) The legislature also provided, in section 741.2901(2), that domestic violence was to "be treated
660 So. 2d 313, 1995 WL 508902
District Court of Appeal of Florida | Filed: Aug 30, 1995 | Docket: 1657018
Cited 6 times | Published
injunctions for protection against domestic violence." § 741.2901(2), Fla. Stat. (Supp. 1994) (revision underscored)
713 So. 2d 988, 1998 WL 315150
Supreme Court of Florida | Filed: Jun 12, 1998 | Docket: 1450176
Cited 5 times | Published
in this case.
[7] The correct citation is section 741.2901(1).
[8] Rule 3.840(a) provides that the judge
275 So. 3d 726
District Court of Appeal of Florida | Filed: Jun 12, 2019 | Docket: 64719841
Cited 2 times | Published
to subject the defendant to a stay-away order. § 741.2901, Fla. Stat. (domestic violence); § 825.1035(11)(b)
710 So. 2d 681, 1998 WL 197754
District Court of Appeal of Florida | Filed: Apr 27, 1998 | Docket: 2529849
Cited 2 times | Published
this was a domestic violence case and that section 741.2901(3), Florida Statutes (1997), provides the
275 So. 3d 726
District Court of Appeal of Florida | Filed: Jun 12, 2019 | Docket: 64719842
Cited 1 times | Published
to subject the defendant to a stay-away order. § 741.2901, Fla. Stat. (domestic violence); § 825.1035(11)(b)
660 So. 2d 1138, 1995 WL 539083
District Court of Appeal of Florida | Filed: Sep 13, 1995 | Docket: 1755811
Cited 1 times | Published
specifically for domestic violence cases. Pursuant to section 741.2901(2), Florida Statutes (Supp. 1994), indirect
972 So. 2d 271, 2008 Fla. App. LEXIS 276, 2008 WL 110104
District Court of Appeal of Florida | Filed: Jan 10, 2008 | Docket: 64853575
Published
See § 741.31(2), Fla. Stat. (2007); see also § 741.2901(2), Fla. Stat. (2007) (providing that “criminal
967 So. 2d 385, 2007 Fla. App. LEXIS 16302, 2007 WL 3008593
District Court of Appeal of Florida | Filed: Oct 17, 2007 | Docket: 64852795
Published
pro-prosecution policy for acts of domestic violence. See § 741.2901, Fla. Stat. (2006). This commendable policy,
840 So. 2d 1105, 2003 Fla. App. LEXIS 3482, 28 Fla. L. Weekly Fed. D 765
District Court of Appeal of Florida | Filed: Mar 18, 2003 | Docket: 64821601
Published
legislative intent is farther manifested in section 741.2901(3), Florida Statutes (2000) (emphasis added)
799 So. 2d 400, 2001 Fla. App. LEXIS 16037, 2001 WL 1419331
District Court of Appeal of Florida | Filed: Nov 14, 2001 | Docket: 64810023
Published
the specific legislative intent expressed in section 741.2901(2), Florida Statutes (1999), which states
654 So. 2d 145, 1995 Fla. App. LEXIS 439, 1995 WL 25758
District Court of Appeal of Florida | Filed: Jan 25, 1995 | Docket: 64755871
Published
an illegal act rather than a private matter.” § 741.2901(2), Florida Statutes (Supp.1994).
