Florida Statutes

Fla. Stat. § 741.2902 (2025)

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

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 7 cases, 1993–2014 · leading case: In Re Report of Fam. Ct. Steering Comm., 794 So. 2d 518 (Fla. 2001).

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In Re Report of Fam. Ct. Steering Comm., 794 So. 2d 518 (Fla. 2001). · cites it 2× “02, Florida Statutes (2000); or domestic violence cases in section 741.2902, Florida Statutes (2000).”

Weiand v. State, 732 So. 2d 1044 (Fla. 1999). “(requiring a person convicted of committing a crime of domestic violence to attend a batterers' intervention program); § 741.2902(1), (2), Fla. Stat. (1997); ch.”

Walker v. Bentley, 660 So. 2d 313 (Fla. 2d DCA 1995). · cites it 2× “" § 741.2902(2)(g), Fla. Stat. (Supp. 1994).”

Moore v. Pattin, 983 So. 2d 663 (Fla. 4th DCA 2008). · cites it 2× “28(2), Florida Statutes, defines domestic violence as "any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of…”

Swanson v. Allison, 617 So. 2d 1100 (Fla. 5th DCA 1993). · cites it 3× “See § 741.2902(1), Fla. Stat. (1991). However, if section 741.”

Hunter v. Booker, 133 So. 3d 623 (Fla. 1st DCA 2014). · cites it 2× “(2013); see also § 741.2902(2)(e), Fla. Stat. (2013) (providing legislative intent that, in issuing a domestic violence injunction, a court shall, inter alia, “[cjonsider supervised visitation, withholding visitation, or other arrangements for visitation that will best protect…”

Est. of Brown ex rel. Brown v. Woodham, 840 So. 2d 1105 (Fla. 1st DCA 2003). · cites it 2× “For example, section 741.2902(1), Florida Statutes (2000), states that it is the responsibility of the trial court, in considering the release of an offender, to consider the safety of any person who might be endangered by the release.”

— 741.2902(1) — 3 cases

Swanson v. Allison, 617 So. 2d 1100 (Fla. 5th DCA 1993). “See § 741.2902(1), Fla. Stat. (1991). However, if section 741.”

Est. of Brown ex rel. Brown v. Woodham, 840 So. 2d 1105 (Fla. 1st DCA 2003). “For example, section 741.2902(1), Florida Statutes (2000), states that it is the responsibility of the trial court, in considering the release of an offender, to consider the safety of any person who might be endangered by the release.”

— 741.2902(2)(e) — 1 case

Hunter v. Booker, 133 So. 3d 623 (Fla. 1st DCA 2014). “(2013); see also § 741.2902(2)(e), Fla. Stat. (2013) (providing legislative intent that, in issuing a domestic violence injunction, a court shall, inter alia, “[cjonsider supervised visitation, withholding visitation, or other arrangements for visitation that will best protect…”

— 741.2902(2)(g) — 1 case

Walker v. Bentley, 660 So. 2d 313 (Fla. 2d DCA 1995). “" § 741.2902(2)(g), Fla. Stat. (Supp. 1994).”

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