Florida Statute 741.2902 | Lawyer Caselaw & Research

The 2024 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

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 Citing Statute 741.2902

Total Results: 8

Hunter v. Booker

Court: District Court of Appeal of Florida | Date Filed: 2014-03-07

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

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

Moore v. Pattin

Court: District Court of Appeal of Florida | Date Filed: 2008-05-28

Citation: 983 So. 2d 663, 2008 WL 2185436

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

Estate of Brown ex rel. Brown v. Woodham

Court: District Court of Appeal of Florida | Date Filed: 2003-03-18

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

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

Amendments to the Florida Supreme Court Approved Family Law Forms—Domestic Violence Forms

Court: Supreme Court of Florida | Date Filed: 2002-10-03

Citation: 830 So. 2d 72, 2002 WL 31190948

Snippet: 2002 legislative changes to sections 741.30 and 741.2902, Florida Statutes (2001). We have jurisdiction

In Re Report of Fam. Ct. Steering Comm.

Court: Supreme Court of Florida | Date Filed: 2001-05-03

Citation: 794 So. 2d 518, 2001 WL 1034530

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

Weiand v. State

Court: Supreme Court of Florida | Date Filed: 1999-03-11

Citation: 732 So. 2d 1044, 1999 WL 125522

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

Walker v. Bentley

Court: District Court of Appeal of Florida | Date Filed: 1995-08-30

Citation: 660 So. 2d 313, 1995 WL 508902

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

Swanson v. Allison

Court: District Court of Appeal of Florida | Date Filed: 1993-04-26

Citation: 617 So. 2d 1100, 1993 WL 135693

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