Florida Statute 741.2902 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLIII
DOMESTIC RELATIONS

Chapter 741
MARRIAGE; DOMESTIC VIOLENCE

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F.S. 741.2902

741.2902 Domestic violence; legislative intent with respect to judiciary’s role.—

(1) It is the intent of the Legislature, with respect to domestic violence cases, that at the first appearance 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, and exercise caution in releasing defendants.

(2) It is the intent of the Legislature, with respect to injunctions for protection against domestic violence, issued pursuant to s. 741.30, that the court shall:

(a) Recognize that the petitioner’s safety may require immediate removal of the respondent from their joint residence and that there can be inherent danger in permitting the respondent partial or periodic access to the residence.

(b) Ensure that the parties have a clear understanding of the terms of the injunction, the penalties for failure to comply, and that the parties cannot amend the injunction verbally, in writing, or by invitation to the residence.

(c) Ensure that the parties have knowledge of legal rights and remedies including, but not limited to, visitation, child support, retrieving property, counseling, and enforcement or modification of the injunction.

(d) Consider temporary child support when the pleadings raise the issue and in the absence of other support orders.

(e) Consider supervised visitation, withholding visitation, or other arrangements for visitation that will best protect the child and petitioner from harm.

(f) Enforce, through a civil or criminal contempt proceeding, a violation of an injunction for protection against domestic violence.

(g) Consider requiring the perpetrator to complete a batterers’ intervention program. It is preferred that such program meet the requirements specified in s. 741.325.

History.—s. 5, ch. 91-210; s. 4, ch. 94-134; s. 4, ch. 94-135; s. 13, ch. 94-170; s. 4, ch. 95-195; s. 11, ch. 2002-55; s. 9, ch. 2012-147.

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Amendments to 741.2902

Annotations, Discussions, Cases:

Cases Citing Statute 741.2902

Total Results: 7

Weiand v. State

732 So. 2d 1044, 1999 WL 125522

Supreme Court of Florida | Filed: Mar 11, 1999 | Docket: 460467

Cited 45 times | Published

to attend a batterers' intervention program); § 741.2902(1), (2), Fla. Stat. (1997); ch. 91-210, § 5,

In Re Report of Fam. Ct. Steering Comm.

794 So. 2d 518, 2001 WL 1034530

Supreme Court of Florida | Filed: May 3, 2001 | Docket: 401441

Cited 6 times | Published

Statutes (2000); or domestic violence cases in section 741.2902, Florida Statutes (2000). Accordingly, we

Walker v. Bentley

660 So. 2d 313, 1995 WL 508902

District Court of Appeal of Florida | Filed: Aug 30, 1995 | Docket: 1657018

Cited 6 times | Published

is not a criminal violation under s. 741.31." § 741.2902(2)(g), Fla. Stat. (Supp. 1994). It substantively

Moore v. Pattin

983 So. 2d 663, 2008 WL 2185436

District Court of Appeal of Florida | Filed: May 28, 2008 | Docket: 1686296

Cited 2 times | Published

considering domestic violence injunctions. See § 741.2902, Fla. Stat. While parents have a right to privacy

Hunter v. Booker

133 So. 3d 623, 2014 WL 895188, 2014 Fla. App. LEXIS 3397

District Court of Appeal of Florida | Filed: Mar 7, 2014 | Docket: 60238848

Cited 1 times | Published

30(5)(a)3, (6)(a)3, Fla. Stat. (2013); see also § 741.2902(2)(e), Fla. Stat. (2013) (providing legislative

Swanson v. Allison

617 So. 2d 1100, 1993 WL 135693

District Court of Appeal of Florida | Filed: Apr 26, 1993 | Docket: 1512576

Cited 1 times | Published

releasing defendants. See § 741.2902(1), Fla. Stat. (1991). However, if section 741.2902(1) is being used to

Estate of Brown ex rel. Brown v. Woodham

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

Everton and the Restatement. For example, section 741.2902(1), Florida Statutes (2000), states that it