The 2023 Florida Statutes (including Special Session C)

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.

F.S. 741.2902 on Google Scholar

F.S. 741.2902 on Casetext

Amendments to 741.2902

Arrestable Offenses / Crimes under Fla. Stat. 741.2902

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 741.2902.

Annotations, Discussions, Cases:

Cases from cite.case.law:

HUNTER, v. J. BOOKER,, 133 So. 3d 623 (Fla. Dist. Ct. App. 2014)

. . . Stat. (2013); see also § 741.2902(2)(e), Fla. . . .

MOORE, v. J. PATTIN,, 983 So. 2d 663 (Fla. Dist. Ct. App. 2008)

. . . See § 741.2902, Fla. Stat. . . .

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

. . . For example, section 741.2902(1), Florida Statutes (2000), states that it is the responsibility of the . . .

AMENDMENTS TO THE FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS- DOMESTIC VIOLENCE FORMS, 830 So. 2d 72 (Fla. 2002)

. . . Forms and has decided to amend certain forms to reflect 2002 legislative changes to sections 741.30 and 741.2902 . . . The 2002 Florida Legislature enacted amendments to Florida Statutes sections 741.30 and 741.2902 to prohibit . . .

In REPORT OF FAMILY COURT STEERING COMMITTEE, 794 So. 2d 518 (Fla. 2001)

. . . delinquency cases in section 985.02, Florida Statutes (2000); or domestic violence cases in section 741.2902 . . .

WEIAND, v. STATE, 732 So. 2d 1044 (Fla. 1999)

. . . convicted of committing a crime of domestic violence to attend a batterers' intervention program); § 741.2902 . . .

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

. . . .” § 741.2902(2)(g), Fla.Stat. (Supp. 1994). . . .

SWANSON, v. ALLISON,, 617 So. 2d 1100 (Fla. Dist. Ct. App. 1993)

. . . See § 741.2902(1), Fla.Stat. (1991). . . . However, if section 741.2902(1) is being used to detain those charged with simple batteries arising out . . .