CopyCited 311 times | Published | Supreme Court of Florida | 2000 WL 178052
...rt to overrule Hinkle on the issue of severability). [9] Curiously, the title of chapter 95-184 also provides the following: [A]mending s.
741.29, F.S.; providing legislative intent with respect to services for victims of domestic violence; amending s.
741.30, F.S.; requiring the clerk of court to furnish the sheriff with specified information on respondents; revising guidelines for transmission of specified information by the sheriff; restricting the authority to serve or executive [sic] injunctions for protection against domestic violence to specified municipal or county law enforcement officers.... Ch. 95-184, at 1677-78. However, nowhere in chapter 95-184 did the Legislature amend either section
741.29 or section
741.30, Florida Statutes....
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CopyCited 45 times | Published | Supreme Court of Florida | 1999 WL 125522
...In addition, the provisions relating to domestic violence injunctions have been substantially revised. The injunctive relief that the trial court can now grant includes awarding the petitioner the exclusive use and possession of the dwelling the parties share. See § 741.30(6)(a)2., Fla. Stat. (1997); ch. 84-343, § 10, at 1989, Laws of Florida. The legislature has made it illegal for any person under a final domestic injunction to possess a weapon. See § 741.30(6)(f), Fla....
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CopyCited 36 times | Published | Supreme Court of Florida | 2006 WL 1548026
...See, e.g., §
194.011(3)(a), Fla. Stat. (2004) ("Such petition shall be sworn to by the petitioner."); §
617.2006(3), Fla. Stat. (2004) ("[T]he articles of incorporation shall be accompanied by a petition, signed and sworn to by the subscribers...."); §
741.30(3)(a), Fla....
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CopyCited 29 times | Published | Supreme Court of Florida | 1996 WL 627562
...(F) URESANon IV-Dall matters relating to Chapter 88, Florida Statutes, in which an application for assistance has not been filed under Title IV-D, Social Security Act. (G) Domestic Violenceall matters relating to injunctions for protection against domestic violence pursuant to F.S. section 741.30, Florida Statutes....
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CopyCited 21 times | Published | Florida 2nd District Court of Appeal | 2001 WL 484439
...In each case, the trial court extended the injunction for a period of one year. *164 In September 1999 the Wife sought an extension of the injunction against domestic violence for "the Wife's lifetime." After a hearing, the trial court granted the Wife's petition for a lifetime injunction. This appeal followed. Section 741.30(1), Florida Statutes (1995), creates a cause of action for an injunction against domestic violence....
...ult, sexual battery, stalking, aggravated stalking, or any criminal offense resulting in physical injury or death of one family or household member by another who is or was residing in the same single dwelling unit." §
741.28(1), Fla. Stat. (1995). Section
741.30(1)(a), Florida Statutes (1995), allows any person who is the victim of any act of domestic violence or who has "reasonable cause to believe he or she may become the victim of any act of domestic violence" to petition for an injunction....
...This section was amended in 1997 to require that the petitioner allege that he or she either is the victim of any act of domestic violence or "has reasonable cause to believe he or she is in imminent danger of becoming the victim of any act of domestic violence." [1] § 741.30(1)(a), Fla. Stat. (Supp.1998). Section 741.30(6)(b), Florida Statutes (1995), allows the victim to petition for an extension of the injunction and gives the court broad discretion to extend the injunction for successive periods "after considering the circumstances." In order to st...
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CopyCited 22 times | Published | Florida 3rd District Court of Appeal | 2006 WL 2741625
...Florida Rule of Appellate Procedure 9.330, we withdraw our previously filed opinion and submit this opinion in its stead. Ladon Echols ("Ms. Echols") filed a Petition for Injunction for Protection Against Domestic Violence ("Petition"), pursuant to section 741.30, Florida Statutes (2005). On September 6, 2005, the trial court held *1249 a hearing to determine whether a permanent injunction should be imposed. As required by section 741.30(6)(h), Florida Statutes (2005), [1] the hearing was recorded....
...n a family" requirement. Therefore, we conclude that the face of the Petition sufficiently demonstrates that there was a factual basis for the imposition of the permanent injunction. Accordingly, we affirm the order under review. Affirmed. NOTES [1] Section 741.30(6)(h), Florida Statutes (2005), provides as follows: "All proceedings under this subsection shall be recorded....
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CopyCited 20 times | Published | Supreme Court of Florida | 2005 WL 3429616
...(F) URESAUIFSANon IV-Dall matters relating to Chapter 88, Florida Statutes, in which an application for assistance has not been filed under Title IV-D, Social Security Act. (G) Domestic Violenceall matters relating to injunctions for protection against domestic violence pursuant to section 741.30, Florida Statutes....
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CopyCited 20 times | Published | Supreme Court of Florida | 1993 WL 493634
...Report of the Florida Supreme Court Gender Bias Study Commission, 42 Fla.L.Rev. 803 (1990). Partly as a result of our Gender Bias Report, Florida law now has been modified so that women suffering abuse can obtain an injunction for protection directly from the clerk of the court, without any need of the state attorney's help. § 741.30, Fla....
...These forms are readily available throughout Florida, at the office of every clerk of the court, at The Florida Bar's offices, and in many libraries. And the Florida Legislature also has directed that each clerk of the court shall assist women in filling out the simplified forms and shall waive fees, whenever necessary. § 741.30, Fla....
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CopyCited 17 times | Published | Florida 4th District Court of Appeal | 2001 WL 121127
...The wife had the right to voluntarily dismiss the dissolution action. The domestic violence injunction action The wife's right to voluntarily dismiss the action for a domestic violence injunction presents a thornier issue, but the result is the same. Section 741.30, Florida Statutes (1999), creates a private right of action for an injunction against domestic violence. Any person who is the victim of domestic violence as defined in the statute may file a sworn petition for an injunction for protection against domestic violence. See § 741.30(1)(a). The respondent must be personally served with the petition and notice of hearing. See § 741.30(4). Under circumstances where it appears that an immediate and present danger of domestic violence exists, the court may grant a temporary injunction, ex parte, pending the full hearing. See § 741.30(5)(a)....
...c violence, (2) awarding the petitioner the exclusive use and possession of the dwelling that the parties share, (3) awarding temporary custody of the children, and (4) ordering the respondent to participate in a batterers' intervention program. See §
741.30(6)(a)(c). The court may enter a temporary or final judgment on the petition for injunction against domestic violence. See §
741.30(6)(c). The petitioner or the respondent may move to modify or dissolve a temporary or permanent injunction for protection against domestic violence at any time. See §
741.30(9). Although the legislative scheme favors criminal prosecution over contempt proceedings where a person violates a domestic violence injunction, the fact remains that section
741.30 creates a private "cause of action" resting with the victim. Compare §§
741.2901(2) &
741.30(1), Fla....
...However, I disagree with the majority that the dismissal divested the trial judge of jurisdiction over the domestic violence action. I agree with the majority that the question of whether the wife can voluntarily dismiss the injunction is a thornier issue. According to section 741.30(9), the petitioner or the respondent may move to modify or dissolve a temporary or permanent injunction for protection against domestic violence at any time. See § 741.30(9). I interpret section 741.30(9) as requiring court action before a previously entered injunction can be modified or dissolved....
...However, I would deny the petitioners' request to prohibit the trial court from enforcing the temporary injunction. This is because the welfare of the children is in question and neither petitioner obtained an order modifying or dissolving the injunction as required by section 741.30(9). NOTES [1] Florida Statutes section 741.30(1)(a) provides that in the event an action is filed under chapter 61 while an action for injunction for protection against domestic violence is pending, orders entered in the dissolution case will take precedence over inconsistent provisions in any injunction order which addresses matters governed by chapter 61....
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CopyCited 14 times | Published | Supreme Court of Florida | 1998 WL 765134
...in support of the violation of an order of injunction for protection against domestic or repeat violence. Commentary 1995 Adoption. A cause of action for an injunction for protection against domestic violence and repeat violence has been created by section 741.30, Florida Statutes (Supp....
...se of action is currently pending between the parties. However, the pendency of any such cause of action must be alleged in the petition. The relief the court may grant in a temporary or permanent injunction against domestic violence is set forth in section 741.30(6)....
...The facts and circumstances to be alleged under subdivision (b)(1)(B) include those set forth in Florida Family Law Form 12.980(d). The relief the court may grant in a temporary or permanent injunction against repeat violence is set forth in section
784.046(7), Florida Statutes. Subdivision (b)(4) expands sections
741.30(2)(c)1 and (2)(c)2, Florida Statutes, to provide that the responsibility to assist the petitioner may be assigned not only to the clerk of court but also to the appropriate intake unit of the court....
...r service. Subdivision (c)(3)(A) makes the procedure for service of a temporary order of injunction for protection against domestic violence and repeat violence consistent. This is intended to replace the differing requirements contained in sections
741.30(7)(b)3 and (7)(c)1 and
784.046(8)(a)1, Florida Statutes. Subdivision (c)(3)(B) makes the procedure for service of a permanent order of injunction for protection against domestic violence and repeat violence consistent. This is intended to replace the differing requirements contained in sections
741.30(7)(a)3 and (7)(c)1 and
784.046(8)(c)1, Florida Statutes, and to specifically clarify that service of the permanent injunction by mail is only effective upon a party who is present at the hearing which resulted in the issuance of the injunction. Subdivision (c)(4)(A) restates sections
741.30(5)(c) and
784.046(6)(c), Florida Statutes, with some expansion....
...This subdivision also makes the procedures in cases of domestic and repeat violence identical, resolving the inconsistencies in the statutes. Subdivision (c)(4)(B) makes the procedures in cases of domestic and repeat violence identical, resolving inconsistencies in the statutes. As stated in section 741.30(1)(c), Florida Statutes, in the event a subsequent cause of action is filed under chapter 61, Florida Statutes, any orders entered therein shall take precedence over any inconsistent provisions of an injunction for protection against d...
...epeat violence. Pursuant to that statute, the petitioner may contact the clerk of the the circuit court of the county in which the violation is alleged to have occurred to obtain information regarding enforcement. Subdivision (c)(7) expands sections 741.30(2)(c)1 and (2)(c)2, Florida Statutes, to provide that the responsibility to assist a petitioner may not only be assigned to the clerk of court but also to the appropriate intake unit of the court....
...referring Petitioner to a certified domestic violence center; and *263 any other terms the Court deems necessary for the protection of Petitioner and/or Petitioner's child(ren), including injunctions or directives to law enforcement agencies, as provided in section 741.30, Florida Statutes....
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CopyCited 13 times | Published | Florida 1st District Court of Appeal | 1999 WL 931184
...n danger of imminent violence, no doubt recalling the acrimony of some years before and threats Mr. Gustafson made then. Accordingly, she filed a petition for injunction for protection against domestic violence, which was granted on August 19, 1998. Section 741.30(1)(a), Florida Statutes (1997), confers standing to seek an injunction against domestic violence on any person who has actually been the victim of domestic violence or who on some other basis has reasonable cause to believe that he or she faces impending danger from such violence. Entry of an injunction under section 741.30(1) has collateral consequences under 18 U.S.C....
...§ 922(g)(8), which prohibits possession of firearms by persons subject to domestic violence injunctions. See, e.g., Kanaszka v. Kunen, 313 N.J.Super. 600, 713 A.2d 565 (App.Div. 1998) (domestic violence injunction precluding career in law enforcement). On October 1, 1997, the legislature amended section 741.30(1)(a) to provide that a person must have reasonable cause to believe that he or she is in imminent danger of becoming a victim of domestic violence in order to be entitled to an injunction, see Ch. 97-155, § 5 at 2971, Laws of Fla. (1997), codified at § 741.30(1)(a), Fla....
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CopyCited 15 times | Published | Supreme Court of Florida | 20 Fla. L. Weekly Supp. 581, 1995 Fla. LEXIS 1953, 1995 WL 689537
...in support of the violation of an order of injunction for protection against domestic or repeat violence. Commentary 1995 Adoption. A cause of action for an injunction for protection against domestic violence and repeat violence has been created by section 741.30, Florida Statutes (Supp....
...se of action is currently pending between the parties. However, the pendency of any such cause of action must be alleged in the petition. The relief the court may grant in a temporary or permanent injunction against domestic violence is set forth in section 741.30(6)....
...*1085 The facts and circumstances to be alleged under subdivision (b)(1)(B) include those set forth in Florida Family Law Form 12.980(d). The relief the court may grant in a temporary or permanent injunction against repeat violence is set forth in section
784.046(7), Florida Statutes. Subdivision (b)(4) expands sections
741.30(2)(c)1 and (2)(c)2, Florida Statutes, to provide that the responsibility to assist the petitioner may be assigned not only to the clerk of court but also to the appropriate intake unit of the court....
...r service. Subdivision (c)(3)(A) makes the procedure for service of a temporary order of injunction for protection against domestic violence and repeat violence consistent. This is intended to replace the differing requirements contained in sections
741.30(7)(b)3 and (7)(c)1 and
784.046(8)(a)1, Florida Statutes. Subdivision (c)(3)(B) makes the procedure for service of a permanent order of injunction for protection against domestic violence and repeat violence consistent. This is intended to replace the differing requirements contained in sections
741.30(7)(a)3 and (7)(c)1 and
784.046(8)(c)1, Florida Statutes, and to specifically clarify that service of the permanent injunction by mail is only effective upon a party who is present at the hearing which resulted in the issuance of the injunction. Subdivision (c)(4)(A) restates sections
741.30(5)(c) and
784.046(6)(c), Florida Statutes, with some expansion....
...This subdivision also makes the procedures in cases of domestic and repeat violence identical, resolving the inconsistencies in the statutes. Subdivision (c)(4)(B) makes the procedures in cases of domestic and repeat violence identical, resolving inconsistencies in the statutes. As stated in section 741.30(1)(c), Florida Statutes, in the event a subsequent cause of action is filed under chapter 61, Florida Statutes, any orders entered therein shall take precedence over any inconsistent provisions of an injunction for protection against d...
...lence. Pursuant to that statute, the petitioner may contact the clerk of the court of the circuit court of the county in which the violation is alleged to have occurred to obtain information regarding enforcement. Subdivision (c)(7) expands sections 741.30(2)(c)1 and (2)(c)2, Florida Statutes, to provide that the responsibility to assist a petitioner may not only be assigned to the clerk of court but also to the appropriate intake unit of the court....
...ENCE I, { name } ______, being duly sworn, do hereby certify that I do not have enough money to pay filing fees to the clerk of the circuit court or service fees to the Sheriff or other authorized law enforcement agencies and ask that, as allowed by section
741.30(2)(a) or section
784.046(3)(b), Florida Statutes, the fees be waived to process the petition and serve the injunction, subject to a later order of the court about the payment of those fees....
...K'S CERTIFICATE AS TO AFFIDAVIT AND REQUEST FOR WAIVER OF FEES I, _______________, as Clerk of the Circuit Court, do here by certify that on the ____ day of ________, 19__, I received and filed an Affidavit and Request for Waiver of Fees pursuant to § 741.30(2)(a) or § 784.04(3)(b), Florida Statutes, of _____, Petitioner, without prepayment of fee to the extent necessary to process the petition and serve the injunction, subject to a subsequent order of the court relative to the payment of such fees....
...___________ _____________________________________ Address Address __________________________________ _____________________________________ City State Zip City State Zip The Petition for Injunction for Protection Against Domestic Violence filed under section
741.30, Florida Statutes, or Repeat Violence under section
784.046, Florida Statutes, has been reviewed. This court, based on the claims presented in the petition finds as follows: *1204 ____ The claims in the petition for injunction for protection are not enough under Florida Law (section
741.30 or
784.046, Florida Statutes) to allow the court to issue an ex parte temporary injunction against domestic/repeat violence. ____ It does not appear that there is an immediate and present danger of domestic violence as required under section
741.30, Florida Statutes....
...______________ *1205 _______________________________, Petitioner and _______________________________, Respondent. ____________________________\ TEMPORARY INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE The petition for Temporary Injunction under section 741.30, Florida Statutes, and other papers filed in this court case have been reviewed....
...____________ Florida. If the Petitioner and Respondent do not appear, the Injunction may be continued in force, extended, dismissed and/or additional orders may be granted. II. FINDINGS The statements under oath by the Petitioner make it appear that section 741.30, Florida Statutes, applies to the parties because it appears that an immediate and present danger of domestic violence exists and that irreparable harm and injury will probably occur in the form of violence to Petitioner or persons lawfully with Petitioner unless this injunction is issued without notice....
...____________________________\ INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE (AFTER NOTICE) THIS CAUSE came on to be heard on { date } ____________, upon Petitioner's *1209 application for Injunction for Protection against Domestic Violence pursuant to section 741.30, Florida Statutes, with proper service of the temporary injunction and notice of hearing upon Respondent, this court being fully advised in the premises, and the Petitioner having established to the court's satisfaction that Petitioner...
...issed without prejudice. ____ That petitioner appeared but desires to voluntarily dismiss this action and, accordingly, the case is dismissed without prejudice. ____ The petitioner appeared, but did not sustain his/her burden of proof under section. 741.30 Florida Statutes and, accordingly, the case is dismissed....
...The respondent is subject to arrest for violation of the injunctive order even if you consent to the respondent's return to the residence unless the action is dismissed. For further information, see Florida Family Court Rule of Procedure 12.610 and section 741.30, Florida Statutes (1995)....
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CopyCited 12 times | Published | Florida 1st District Court of Appeal | 1997 WL 122716
...Husband appeals from an injunction against domestic violence which, among other things, awards custody of the parties' two minor children to the wife, appellee. The issue is whether the trial court erred by entering the injunction and awarding child custody without providing for an adequate hearing pursuant to section 741.30, Florida Statutes. We find that sections 741.30(5) and (6), Florida Statutes, and rule 12.610(c), Family Law Rules of Procedure, require at least that a party shall have a reasonable opportunity to present their case....
...In the instant case, the husband was deprived of that opportunity. We, therefore, reverse and *1272 remand for further proceedings. We also deny wife's request for attorney's fees because there is no statutory authorization to grant such fees as part of a proceeding brought pursuant to section 741.30, Florida Statutes (Supp.1996)....
...In focusing on a future hearing to be conducted at the time of dissolution, the court ignored the law which requires custody to be addressed at a permanent injunction hearing "on the same basis as provided in chapter 61[in] awarding temporary custody ...." § 741.30(6)(a)3, Fla.Stat....
...In regard to permanent injunctions in domestic violence cases, such as the one at issue in the instant case, rule 12.610(c)(1)(B), Florida Rules of Family Law Procedure, contains one plain unambiguous sentence: A full evidentiary hearing shall be conducted. Section 741.30, Florida Statutes, also anticipates a "full hearing" prior to issuing a permanent injunction. Section 741.30(5)(a) states that "the court may grant a temporary injunction ex parte, pending a full hearing. ..." (Emphasis added). The anticipated full hearing is the permanent injunction hearing to be held within 15 days of the ex parte injunction. § 741.30(5)(c)....
...t may grant such relief as the court deems proper, including an injunction: . . . . 3. On the same basis as provided in chapter 61, awarding temporary custody of or temporary visitation rights with regard to a minor child or children of the parties. § 741.30(6)(a), Fla.Stat....
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CopyCited 12 times | Published | Florida 2nd District Court of Appeal | 2007 WL 2066515
...Oettmeier made an unsworn statement to the court stating that the BB gun was only one of many things actually left in the house when he moved out on October 16, 2006, that he sold all of his other weapons long before that time, and that Mrs. Oettmeier was aware of this. Section 741.30(1)(a), Florida Statutes (2006), provides that a person with *904 "reasonable cause to believe he or she is in imminent danger of becoming the victim of any act of domestic violence" may obtain an injunction for protection against domestic violence....
...NOTES [1] The record indicates that Mr. Oettmeier was never sworn as a witness and was not afforded the opportunity to present a defense or testify prior to the trial court's announcement that it would grant the injunction. This is contrary to the intent of section 741.30(6), Florida Statutes (2006), and Florida Rule of Family Law Procedure 12.610(c)(1)(C), which contemplate a full evidentiary hearing prior to entering an injunction....
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CopyCited 12 times | Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 2636, 2011 WL 714456
...aring, we have no difficulty concluding that the circumstances that originally justified the injunction had not changed. We also conclude that the former husband made no showing that the injunction did not remain necessary to fulfill the purposes of section 741.30(6)(b), Florida Statutes (2010) ("In determining whether a petitioner has reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence, the court shall consider and evaluate all relevant factors alleged. . . ."). Although section 741.30(10), Florida Statutes, provides that either party may move for modification or dissolution of a domestic violence injunction at any time, the statute does not directly speak to the burden of proof upon the movant....
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CopyCited 16 times | Published | Florida 5th District Court of Appeal | 2013 WL 756350, 2013 Fla. App. LEXIS 3302
...A person may obtain an initial injunction for protection against domestic violence if he or she “is either the victim of domestic violence ... or has reasonable cause to believe that he or she is in imminent danger of becoming the victim of domestic violence ....”§ 741.30(6)(a), Fla....
...The court may grant a continuance of the hearing before or during a hearing for good cause shown by any party, which shall include a continuance to obtain service of process. Any injunction shall be extended if necessary to remain in full force and effect during any period of continuance. § 741.30(5)(c), Fla....
...In this case, a temporary injunction for protection against domestic violence was initially entered ex parte against Husband and in favor of Wife on November 28, 2011. 2 In accordance with the statute, a hearing on whether a permanent injunction should be entered was scheduled for December 13, 2011. See § 741.30(5)(c), Fla....
...Wife’s burden of proof for obtaining a permanent injunction (or an extension of an injunction under the previous statute) required her to prove that she was either the victim of domestic violence or had reasonable cause to believe that she was in imminent danger of becoming a victim of an act of domestic violence. See § 741.30(6)(a), Fla....
...Simonik,
709 So.2d 189, 190 (Fla. 3d DCA 1998). The trial court could also consider the circumstances that initially led to the imposition of the injunction to determine whether Wife’s continuing fear of future violence was reasonable. Id. at 190 ; see also §
741.30(6)(b), Fla....
...on, at which the court can consider the totality of the circumstances, including any incidents occurring prior to December 13, 2011, in determining whether a permanent injunction should be entered. If, after consideration of the factors set forth in section
741.30(b)(6), Florida Statutes, the court determines that wife is either the victim of domestic violence as defined in section
741.28 or has reasonable cause to believe that she is in imminent danger of becoming the victim of any act of domes...
...GRIFFIN, J., concurs in part, dissents in part, with opinion. .Earlier statutes provided that injunctions were to be granted for a period not to exceed one year and contained an express provision that permitted petitioner to obtain an extension of an injunction. See § 741.30(6)(b), Fla....
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CopyCited 9 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 19849, 2010 WL 5351127
...Ultimately, the trial court granted the permanent injunction without ever considering testimony from the Former Husband’s witness. The Former Husband now appeals the final judgment of injunction, contending that it is not supported by competent, substantial evidence. Section
741.30(l)(a), Florida Statutes (2009), provides for the issuance of an injunction in favor of any family or household member, as defined in section
741.28(3), who is a victim of domestic violence or who “has reasonable cause to believe he o...
...egations, the parties’ behavior within the relationship, and the history of the relationship as a whole.” Giallanza v. Giallanza,
787 So.2d 162, 164 (Fla. 2d DCA 2001) (citing Gustafson v. Mauck,
743 So.2d 614, 616 (Fla. 1st DCA 1999)); see also §
741.30(6)(b)....
...Gill’s injunction, so the two (2) of you stay away from each other.” However, notwithstanding the trial court’s good intentions, the injunction in this case appears to be nothing more than the improper belated issuance of a mutual injunction. See § 741.30(l)(i) (providing that “[t]he court is prohibited from issuing mutual orders of protection” unless each party meets the statutory requirements for issuance of an injunction); see also Martin v....
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CopyCited 9 times | Published | Florida 4th District Court of Appeal | 2013 WL 6479084, 2013 Fla. App. LEXIS 19640
...as opposed to evidentiary weight, is the appropriate concern of an appellate tribunal.’ ” Bñlhart v. BHlhart ex reí. S.L.B.,
116 So.3d 617, 619 (Fla. 2d DCA 2013) (quoting Tibbs v. State,
397 So.2d 1120, 1123 (Fla.l981))(alterations in original). Section
741.30(l)(a), Florida Statutes (2012), confers standing to seek an injunction against domestic violence on any person who has (1) actually been the victim of domestic violence, or (2) who on some other basis has reasonable cause to believe *241 that he or she faces impending danger from such violence....
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CopyCited 9 times | Published | Florida 2nd District Court of Appeal | 2007 WL 2403855
...We agree that the trial court erred when it denied Mr. Smith his fundamental right to be heard. Accordingly, we reverse and vacate the order of the trial court. Alisa Smith, Mr. Smith's wife, sought the injunction. Florida Family Law Rule of Procedure 12.610(c)(4)(A) and section 741.30, Florida Statutes (2006), require that a full evidentiary hearing be held after the entry of an ex parte temporary injunction....
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CopyCited 9 times | Published | Florida 5th District Court of Appeal | 2002 WL 1071533
...This short period did not allow Reed enough time for service of his motion on his wife; nor was there enough time to allow Reed to schedule a hearing on the matter. The 1998 judgment advises that either party to the injunction may ask the court to change or end the injunction at any time. That provision conforms to section 741.30, Florida Statutes, which also prescribes that privilege....
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CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 2005 WL 1105209
...District Court of Appeal of Florida, Second District. May 11, 2005. Andrew Bevan, Fort Myers, for Appellant. No appearance for Appellee. ALTENBERND, Chief Judge. Leon Young appeals a final judgment of injunction for protection against domestic violence entered against him pursuant to section 741.30, Florida Statutes (2003)....
...*373 In order to be entitled to a domestic violence injunction, Ms. Smith was required to establish either that she had been the victim of an act of domestic violence or that she had reasonable cause to believe she was in imminent danger of becoming the victim of an act of domestic violence. See § 741.30(1)(a); see also Giallanza v....
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CopyCited 8 times | Published | Florida 3rd District Court of Appeal | 1996 WL 279224
...Before NESBITT, JORGENSON and GODERICH, JJ. NESBITT, Judge. The defendant-appellant, Victor Cordova, appeals a lower court order finding him guilty of indirect criminal contempt for violating an injunction for protection against domestic violence under section 741.30(9)(a), Florida Statutes (1993)....
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CopyCited 9 times | Published | Supreme Court of Florida | 1996 WL 473315
...for writ of prohibition. In his petition, Walker sought to prevent Judge E. Randolph Bentley from exercising his power of indirect criminal contempt to punish Walker's alleged violation of a domestic violence injunction, which was issued pursuant to section 741.30, Florida Statutes (Supp.1994)....
...In denying Walker's petition, the district court found that the legislature has no authority to limit a circuit court judge's inherent power of contempt, as it apparently attempted to do by restricting the circuit court's jurisdiction to the use of civil contempt in enforcing injunctions issued under section
741.30. In reaching its decision, the district court certified the following two questions as being of great public importance: IS THE WORD "SHALL" AS USED IN SECTION
741.30(8)(a), FLORIDA STATUTES (SUPP.1994), TO BE INTERPRETED AS MANDATORY RATHER THAN AS PERMISSIVE OR DIRECTORY? IF INTERPRETED AS MANDATORY, IS SECTION
741.30(8)(a), FLORIDA STATUTES (SUPP.1994), AN UNCONSTITUTIONAL ENCROACHMENT ON THE CONTEMPT POWER OF THE JUDICIARY IN VIOLATION OF ARTICLE II, SECTION 3 OF THE FLORIDA CONSTITUTION?
660 So.2d at 321. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. For the reasons expressed, we approve the well-reasoned opinion of the district court and answer the first question by finding that the word "shall" in section
741.30(8)(a) is to be interpreted as directory rather than mandatory. Our answer to the first question renders the second certified question moot. Section
741.30 creates a cause of action for and enforcement of injunctions for protection against domestic violence....
...Pertinent to this appeal is the 1994 amendment to the statute in which the legislature attempted to eliminate a circuit judge's use of indirect criminal contempt to enforce domestic violence injunction violations. Specifically, the legislature amended section 741.30 to provide in pertinent part as follows: (8)(a) The court shall enforce, through a civil contempt proceeding, a violation of an injunction for protection which is not a criminal violation under s....
...ples of statutory analysis impose a duty on the courts to interpret a statute so that it withstands constitutional scrutiny. Thus, the district court found it necessary to interpret the phrase " shall enforce, through a civil contempt proceeding" in section 741.30(8)(a) as being directory rather than mandatory for the statute to withstand constitutional scrutiny....
...By interpreting the word "shall" as directory only, we ensure that circuit court judges are able to use their inherent power of indirect criminal contempt to punish domestic violence injunction violations when necessary while at the same time ensuring that section 741.30 as a whole remains intact....
...Given our conclusion that the legislature cannot eliminate the court's indirect criminal contempt power, we find the underlined portion of section
741.2901(2) to be unconstitutional. This provides the consistency necessary to allow section
741.2901 to be read in conjunction with section
741.30(8)(a). Accordingly, we approve the decision of the district court and answer the first question by finding that the word "shall" in section
741.30(8)(a) is to be interpreted as directory rather than mandatory....
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CopyCited 7 times | Published | Supreme Court of Florida | 2010 WL 455267
...This Court has "recognized the importance of the constitutional guarantee of citizen access to the courts, with or without an attorney." State v. Spencer,
751 So.2d 47, 48 (Fla. 1999) (citing Rivera v. State,
728 So.2d 1165, 1166 (Fla.1998)). In the context of domestic and repeat violence, section
741.30(1)(f) of the Florida Statutes (2009), states, "This cause of action for an injunction shall not require that either party be represented by an attorney." To ensure that potential victims of domestic violence have access to the courts, the Legislature waived the filing fee for domestic violence petitions. See §
741.30(2)(a), Fla....
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CopyCited 8 times | Published | Florida 4th District Court of Appeal | 2006 WL 544551
...March 8, 2006. *409 Mitchell Haymes of Law Offices of Glantz & Glantz, P.A., Plantation, for appellant. No brief filed for appellee. GROSS, J. Michael Lopez appeals a final judgment of injunction for protection against domestic violence, entered pursuant to section 741.30, Florida Statutes (2005)....
...Under the circumstances, he had a "reasonable opportunity to present [his] case prior to the court making its decision." Semple v. Semple,
763 So.2d 484, 486 (Fla. 4th DCA 2000). We also reject the former husband's claim that the court abused its discretion in entering the injunction for protection. For a court to issue a section
741.30 injunction, a petitioner must establish that he or she is either a "victim of domestic violence as defined in section
741.28 or has reasonable cause to believe he or she is in imminent danger of becoming the victim of any act of domestic violence." §
741.30(1)(a), Fla....
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CopyCited 7 times | Published | Florida 5th District Court of Appeal | 1996 WL 714000
...Petitioner alleged in his motion to disqualify that for an undetermined time Judge Baker permitted petitioner's wife's attorney to appear before him ex parte, without notice to petitioner or his attorney, to discuss the wife's request for entry of an injunction for protection pursuant to section 741.30(5)(a), Florida Statutes....
...adverse effect upon the petitioner's career. [1] Petitioner alleged he felt compelled to accept the wife's stipulation because of Judge Baker's comments. He later learned that the petition for injunction did not meet the requirements of subsections 741.30(3)(a) and (b), Florida Statutes, because it failed to set forth with specificity the required statutory allegations; it had not been filed with either the clerk of the court or Judge Baker; notice of the petition for injunction was not served...
...ent." The petitioner filed this petition for prohibition. This court issued an order to show cause and Judge Baker filed a pro se response. First, the trial court should not have participated in an ex parte meeting with petitioner's wife's attorney. Section 741.30(5)(a) does allow for the issuance of an ex parte temporary injunction pending a full hearing. However, the trial court is limited to ruling upon verified pleadings or affidavits. No other evidence may be considered unless the respondent appears. See § 741.30(5)(b), Fla....
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CopyCited 4 times | Published | Supreme Court of Florida | 26 Fla. L. Weekly Supp. 13, 2000 Fla. LEXIS 2272, 2000 WL 1352932
...blish support will have a sufficient evidentiary basis upon which to do so.” Trial courts in the domestic violence injunction context clearly have the discretion to establish temporary support for the petitioner or any minor children involved. See § 741.30(6)(a)(4), Fla....
...up *30 port of the violation of an order of injunction for protection against domestic or repeat violence. Commentary 1995 Adoption. A cause of action for an injunction for protection against domestic violence and repeat violence has been created by section
741.30, Florida Statutes (Supp.1994) (modified by chapter 95-195, Laws of Florida), and section
784.046, Florida Statutes (Supp.1994), respectively....
...se of action is currently pending between the parties. However, the pendency of any such cause of action must be alleged in the petition. The relief the court may grant in a temporary or permanent injunction against domestic violence is set forth in section 741.30(6)....
...Law FormFlorida Supreme Court Approved Family Law Form 12.980(d). The relief the court may grant in a temporary or permanent injunction against repeat violence is set forth in section
784.046(7), Florida Statutes. Subdivision (b)(4) expands sections
741.30(2)(c)l and (2)(c)2, Florida Statutes, to provide that the responsibility to assist the petitioner may be assigned not only to the clerk of court but also to the appropriate intake unit of the court....
...r service. Subdivision (c)(3)(A) makes the procedure for service of a temporary order of injunction for protection against domestic violence and repeat violence consistent. This is intended to replace the differing requirements contained in sections
741.30(7)(b)3 and (7)(c)l and
784.046(8)(a)l, Florida Statutes. Subdivision (c)(3)(B) makes the procedure for service of a permanent order of injunction for protection against domestic *31 violence and repeat violence consistent. This is intended to replace the differing requirements contained in sections
741.30(7)(a)3 and (7)(c)l and
784.046(8)(c)l, Florida Statutes, and to specifically clarify that service of the permanent injunction by mail is only effective upon a party who is present at the hearing which resulted in the issuance of the injunction. Subdivision (c)(4)(A) restates sections
741.30(5)(c) and
784.046(6)(c), Florida Statutes, with some expansion....
...This subdivision also makes the procedures in cases of domestic and repeat violence identical, resolving the inconsistencies in the statutes. Subdivision (c)(4)(B) makes the procedures in cases of domestic and repeat violence identical, resolving inconsistencies in the statutes. As stated in section 741.30(l)(c), Florida Statutes, in the event a subsequent cause of action is filed under chapter 61, Florida Statutes, any orders entered therein shall take precedence over any inconsistent provisions of an injunction for protection against d...
...nd repeat violence. Pursuant to that statute, the petitioner may contact the clerk of the circuit court of the county in which the violation is alleged to have occurred to obtain information regarding enforcement. Subdivision (c)(7) expands sections 741.30(2)(c)l and (2)(c)2, Florida Statutes, to provide that the responsibility to assist a petitioner may not only be assigned to the clerk of court but also to the appropriate intake unit of the court....
...TEMPORARY INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE WITH MINOR CHILD(REN) [[Image here]] TEMPORARY INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE WITH MINOR CHILD(REN) The Petition for Injunction for Protection Against Domestic Violence under section 741.30, Florida Statutes, and other papers filed in this Court have been reviewed....
...Please contact {name} - {address} _, {telephone}_, within 2 working days of your receipt of this temporary injunction. If you are hearing or voice impaired, call TDD 1-800-955-8771. FINDINGS The statements made under oath by Petitioner make it appear that section 741.30, Florida Statutes, applies to the parties....
...All further papers (excluding the final injunction, if entered without Respondent being present at the hearing, and pleadings requiring personal service) shall be served by mail to Respondent’s last known address. Such service by mail shall be complete upon mailing. Rule 12.080, Fla.Fam.L.R.P., section 741.30, Florida Statutes....
...*42 IN AND FOR _ COUNTY, FLORIDA -, Petitioner, Case No.: _ Division: _ and Respondent. TEMPORARY INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE WITHOUT MINOR CHILD(REN) The Petition for Injunction for Protection Against Domestic Violence under section 741.30, Florida Statutes, and other papers filed in this Court have been reviewed....
...Please contact {name}-, {address}_, {telephone}_, within 2 working days of your receipt of this temporary injunction. If you are hearing or voice impaired, call TDD 1-800-955-8771. FINDINGS The statements made under oath by Petitioner make it appear that section 741.30, Florida Statutes, applies to the parties....
...All further papers (excluding the final injunction, if entered without Respondent being present at the hearing, and pleadings requiring personal service) shall be served by mail to Respondent’s last known address. Such service by mail shall be complete upon mailing. Rule 12.080, Fla.Fam.L.R.P., section 741.30, Florida Statutes....
...TY, FLORIDA Case No.:. Division:— Petitioner, and Respondent. FINAL JUDGMENT OF INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE WITH MINOR CHILD(REN) (AFTER NOTICE) *47 The Petition for Injunction for Protection Against Domestic Violence under section 741.30, Florida Statutes, and other papers filed in this Court have been reviewed....
...ntion program would be inappropriate: - _ d. Petitioner is referred to a certified domestic violence center and is provided with a list of certified domestic violence centers in this circuit, which Petitioner may contact. 5. Court Costs. Pursuant to section 741.30(2)(a), Florida Statutes, filing fees to the Clerk of the Circuit Court and service fees to the sheriff are waived, subject to subsequent order of the Court; OR costs in the amount of $_for the filing fee, plus $_for the sheriffs fee, f...
...s within ten (10) days of the change. All further papers (excluding pleadings requiring personal service) shall be served by mail to Respondent’s last known address. Such service by mail shall be complete upon mailing. Rule 12.080, Fla.Fam.L.R.P., section 741.30, Florida Statutes....
...NTY, FLORIDA Case No.: _ Division: _ Petitioner, and Respondent. FINAL JUDGMENT OF INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE WITHOUT MINOR CHILD(REN) (AFTER NOTICE) The Petition for Injunction for Protection Against Domestic Violence under section 741.30, Florida Statutes, and other papers filed in this Court have been reviewed....
...ntion program would be inappropriate: _ _ d. Petitioner is referred to a certified domestic violence center and is provided with a list of certified domestic violence centers in this circuit, which Petitioner may contact. 5. Court Costs. Pursuant to section 741.30(2)(a), Florida Statutes, filing fees to the Clerk of the Circuit Court and service fees to the sheriff are waived, subject to subsequent order of the Court; OR costs in the amount of $_for the filing fee, plus $_for the sheriffs fee, f...
...s within ten (10) days of the change. All further papers (excluding pleadings requiring personal service) shall be served by mail to Respondent’s last known address. Such service by mail shall be complete upon mailing. Rhle 12.080, Fla.Fam.L.R.P., section 741.30, Florida Statutes....
...N FOR PROTECTION I, {full legal name of petitioner} -- certify that I do not have enough money to pay filing fees to the Clerk of the Circuit Court or service fees to the sheriff or other authorized law enforcement agency and ask that, as allowed by section
741.30(2)(a) or section
784.046(3)(b), Florida Statutes, the fees be waived subject to a later order of the Court about the payment of those fees....
...referring Petitioner to a certified domestic violence center; and any other terms the Court deems necessary for the protection of Petitioner and/or Petitioner’s children), including injunctions or directives to law enforcement agencies, as provided in section 741.30, Florida Statutes....
...]] ORDER SETTING HEARING ON PETITION FOR INJUNCTION FOR PROTECTION AGAINST ( ) DOMESTIC VIOLENCE ( ) REPEAT VIOLENCE WITHOUT ISSUANCE OF AN INTERIM TEMPORARY INJUNCTION The Petition for Injunction for Protection Against Domestic Violence filed under section
741.30, Florida Statutes, or Repeat Violence under section
784.046, Florida Statutes, has been reviewed....
...N) IN THE CIRCUIT COURT OF THE_JUDICIAL CIRCUIT, IN AND FOR_COUNTY, FLORIDA [[Image here]] TEMPORARY INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE WITH MINOR CHILD(REN) The Petition for Injunction for Protection Against Domestic Violence under section 741.30, Florida Statutes, and other papers filed in this Court have been reviewed....
...Please contact {name} _, {address} _, {telephone} _, within 2 working days of your receipt of this temporary injunction. If you are hearing or voice impaired, call TDD 1-800-955-8771. FINDINGS The statements made under oath by Petitioner make it appear that section 741.30, Florida Statutes, applies to the parties....
...All further papers (excluding the final injunction, if entered without Respondent being present at the hearing, and pleadings requiring personal service) shall be served by mail to Respondent’s last known address. Such service by mail shall be complete upon mailing. Rule 12.080, Fla.Fam.L.R.P., section 741.30, Florida Statutes....
...may decide to file a criminal charge, if warranted by the evidence. [[Image here]] *345 TEMPORARY INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE WITHOUT MINOR CHILD(REN) The Petition for Injunction for Protection Against Domestic Violence under section 741.30, Florida Statutes, and other papers filed in this Court have been reviewed....
...Please contact {name} _, {address} _, {telephone} -, within 2 working days of your receipt of this temporary injunction. If you are hearing or voice impaired, call TDD 1-800-955-8771. FINDINGS *346 The statements made under oath by Petitioner make it appear that section 741.30, Florida Statutes, applies to the parties....
...All further papers (excluding the final injunction, if entered without Respondent being present at the hearing, and pleadings requiring personal service) shall be served by mail to Respondent’s last known address. Such service by mail shall be complete upon mailing. Rule 12.080, Fla.Fam.L.R.P., section 741.30, Florida Statutes....
...ile a criminal charge, if warranted by the evidence. [[Image here]] FINAL JUDGMENT OF INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE WITH MINOR CHILD(REN) (AFTER NOTICE) The Petition for Injunction for Protection Against Domestic Violence under section 741.30, Florida Statutes, and other papers filed in this Court have been reviewed....
...ntion program would be inappropriate: _ _ d. Petitioner is referred to a certified domestic violence center and is provided with a list of certified domestic violence centers in this circuit, which Petitioner may contact. 5. Court Costs. Pursuant to section 741.30(2)(a), Florida Statutes, filing fees to the Clerk of the Circuit Court and service fees to the sheriff are waived, subject to subsequent order of the Court; OR costs in the amount of $_for the filing fee, plus $_for the sheriffs fee, f...
...s within ten (10) days of the change. All further papers (excluding pleadings requiring personal service) shall be served by mail to Respondent’s last known address. Such service by mail shall be complete upon mailing. Rule 12.080, Fla.Fam.L.R.P., section 741.30, Florida Statutes....
...hed copies of this order as indicated above. [[Image here]] *358 FINAL JUDGMENT OF INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE WITHOUT MINOR CHILD(REN) (AFTER NOTICE) The Petition for Injunction for Protection Against Domestic Violence under section 741.30, Florida Statutes, and other papers filed in this Court have been reviewed....
...ntion program would be inappropriate: — d. Petitioner is referred to a certified domestic violence center and is provided with a list of certified domestic violence centers in this circuit, which Petitioner may contact. 5. Court Costs. Pursuant to section 741.30(2)(a), Florida Statutes, filing fees to the Clerk of the Circuit Court and service fees to the sheriff are waived, subject to subsequent order of the Court; OR costs in the amount of $_for the filing fee, plus $_for the sheriffs fee, f...
...s within ten (10) days of the change. All further papers (excluding pleadings requiring personal service) shall be served by mail to Respondent’s last known address. Such service by mail shall be complete upon mailing. Rule 12.080, Fla.Fam.L.R.P., section 741.30, Florida Statutes....
...urt as follows: [/ all that apply] _ Petitioner failed to appear at the hearing scheduled in this cause. _ Petitioner appeared at the hearing but desires to voluntarily dismiss this action. _ The evidence presented is insufficient under Florida law (section
741.30 or
784.046, Florida Statutes) to allow the Court to issue an injunction for protection against domestic or repeat violence....
...tain and hold as confidential, the following address: Address_ City- State_Zip_ Telephone (area code and number)_ This request is being made for the purpose of keeping the location of my residence unknown to Respondent for safety reasons pursuant to section 741.30, Florida Statutes....
...and it appearing to the Court as follows: _ Ex parte. The claims in the petition for extension of injunction for protection make it appear to the Court that there is an immediate and present danger of domestic and repeat violence, as required under section
741.30 or section
784.046, Florida Statutes....
...Specifically, a petitioner seeking an injunction for protection against domestic violence is affirmatively required to disclose, under oath and penalty of perjury, the existence of any other cause(s) of action currenlly pending between the parties. See § 741.30(i)(b), (3)(b)-(c) Fla....
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CopyCited 6 times | Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 1917, 2011 WL 522868
...In order for the trial court to issue an injunction for protection against domestic violence, the party seeking the injunction must establish that he or she has an objectively reasonable fear that he or she is in “imminent danger of becoming the victim of any act of domestic violence.” § 741.30(l)(a), Fla....
...four previous petitions for domestic violence injunction filed by the parties (three by Ms. Rich and one by Mr. Randolph), all of which were dismissed. While a petitioner does not have to wait for abuse to occur in order to seek an injunction under section
741.30, Florida Statutes, see Gustafson,
743 So.2d at 616 , the law requires more than general relationship problems and uncivil behavior to support the issuance of an injunction....
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CopyCited 7 times | Published | Supreme Court of Florida | 23 Fla. L. Weekly Supp. 105, 1998 Fla. LEXIS 475, 1998 WL 166533
...at the permanent injunction will be served by mail, should be sufficient. The justification for the amendment is the difficulty in finding a respondent after the respondent is removed from the parties' joint residence. The domestic violence statute, section 741.30, Florida Statutes (1997), appears to have conflicting provisions regarding this issue. However, at least one provision in this statute specifically requires personal service of the permanent injunction. See § 741.30(7)(c)1....
...We received many comments from both judges and prosecutors opposing any change that would allow service by mail due to concerns about enforcement of the injunction and prosecution of injunction violations. We agree with those concerns. We conclude that the rule should not be amended to allow service by mail. Section 741.30 has also been revised to provide that the terms of an injunction are to remain in effect until modified or dissolved. See § 741.30(6)(b)....
...in support of the violation of an order of injunction for protection against domestic or repeat violence. Commentary 1995 Adoption. A cause of action for an injunction for protection against domestic violence and repeat violence has been created by section 741.30, Florida Statutes (Supp....
...se of action is currently pending between the parties. However, the pendency of any such cause of action must be alleged in the petition. The relief the court may grant in a temporary or permanent injunction against domestic violence is set forth in section 741.30(6)....
...The facts and circumstances to be alleged under subdivision (b)(1)(B) include those set forth in Florida Family Law Form 12.980(d). The relief the court may grant in a temporary or permanent injunction against repeat violence is set forth in section
784.046(7), Florida Statutes. Subdivision (b)(4) expands sections
741.30(2)(c)1 and (2)(c)2, Florida Statutes, to provide that the responsibility to assist the petitioner may be assigned not only to the clerk of court but also to the appropriate intake unit of the court....
...r service. Subdivision (c)(3)(A) makes the procedure for service of a temporary order of injunction for protection against domestic violence and repeat violence consistent. This is intended to replace the differing requirements contained in sections
741.30(7)(b)3 and (7)(c)1 and
784.046(8)(a)1, Florida Statutes. Subdivision (c)(3)(B) makes the procedure for service of a permanent order of injunction *25 for protection against domestic violence and repeat violence consistent. This is intended to replace the differing requirements contained in sections
741.30(7)(a)3 and (7)(c)1 and
784.046(8)(c)1, Florida Statutes, and to specifically clarify that service of the permanent injunction by mail is only effective upon a party who is present at the hearing which resulted in the issuance of the injunction. Subdivision (c)(4)(A) restates sections
741.30(5)(c) and
784.046(6)(c), Florida Statutes, with some expansion....
...This subdivision also makes the procedures in cases of domestic and repeat violence identical, resolving the inconsistencies in the statutes. Subdivision (c)(4)(B) makes the procedures in cases of domestic and repeat violence identical, resolving inconsistencies in the statutes. As stated in section 741.30(1)(c), Florida Statutes, in the event a subsequent cause of action is filed under chapter 61, Florida Statutes, any orders entered therein shall take precedence over any inconsistent provisions of an injunction for protection against d...
...lence. Pursuant to that statute, the petitioner may contact the clerk of the court of the circuit court of the county in which the violation is alleged to have occurred to obtain information regarding enforcement. Subdivision (c)(7) expands sections 741.30(2)(c)1 and (2)(c)2, Florida Statutes, to provide that the responsibility to assist a petitioner may not only be assigned to the clerk of court but also to the appropriate intake unit of the court....
...of petitioner } _____________________________________, certify that I do not have enough money to pay filing fees to the Clerk of the Circuit Court or service fees to the sheriff or other authorized law enforcement agency and ask that, as allowed by section
741.30(2)(a) or section
784.046(3)(b), florida Statutes, the fees be waived subject to a later order of the Court about the payment of those fees....
...referring Petitioner to a certified domestic violence center; and any other terms the Court deems necessary for the protection of Petitioner and/or Petitioner's child(ren), including injunctions or directives to law enforcement agencies, as provided in section 741.30, Florida Statutes....
...ORDER SETTING HEARING ON THE PETITION FOR INJUNCTION FOR PROTECTION AGAINST ( ) DOMESTIC VIOLENCE ( ) REPEAT VIOLENCE WITHOUT ISSUANCE OF AN INTERIM TEMPORARY INJUNCTION *276 The Petition for Injunction for Protection Against Domestic Violence filed under section
741.30, Florida Statutes, or Repeat Violence under section
784.046, Florida Statutes, has been reviewed....
...____________ __________________________________, Petitioner, and __________________________________, Respondent. TEMPORARY INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE The Petition for Injunction for Protection Against Domestic Violence under section 741.30, Florida Statutes, and other papers filed in this Court have been reviewed....
..._______________, { telephone } _______, *279 within 2 working days of your receipt of this temporary injunction. If you are hearing or voice impaired, call TDD 1-800-955-8771. FINDINGS The statements made under oath by Petitioner make it appear that section 741.30, Florida Statutes, applies to the parties....
...________________________, Petitioner, and __________________________________, Respondent. FINAL JUDGMENT OF INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE (AFTER NOTICE) The Petition for Injunction for Protection Against Domestic Violence under section 741.30, Florida Statutes, and other papers filed in this Court have been reviewed....
...notice. Note: If respondent meets any of the above enumerated criteria, the Court must order the Respondent to attend a batterers' intervention program unless it makes written factual findings stating why such a program would not be appropriate. See § 741.30(6)(d), Florida Statutes....
..._____________________________________ ___ d. Petitioner is referred to a certified domestic violence center and is provided with a list of certified domestic violence centers in this circuit, which Petitioner may contact. 5. Court Costs. Pursuant to section 741.30(2)(a), Florida Statutes, filing fees to the Clerk of the Circuit Court and service fees to the sheriff are waived, subject to subsequent order of the Court; OR costs in the amount of $_____ for the filing fee, plus $_____ for the sheri...
...IOLENCE [√ all that apply] ___ Petitioner failed to appear at the hearing scheduled in this cause. ___ Petitioner appeared at the hearing but desires to voluntarily dismiss this action. ___ The evidence presented is insufficient under Florida law (section
741.30 or
784.046, Florida Statutes) to allow the Court to issue an injunction for protection against domestic or repeat violence....
...nd it appearing to the Court as follows: ___ Ex parte. The claims in the petition for extension of injunction for protection make it appear to the Court that there is an immediate and present danger of domestic and repeat violence, as required under section
741.30 or section
784.046, Florida Statutes, the previously entered injunction is extended until { date } _______________, A full hearing on the petition is scheduled for { date } ______________ at __________ a.m./p.m....
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CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 5955, 2010 WL 1728707
...[1] "A court may issue an injunction when it appears that the petitioner is either the victim of domestic violence or `has reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence.'" Ambrefe v. Ambrefe,
993 So.2d 98, 98 (Fla. 2d DCA 2008) (quoting §
741.30(1)(a), Fla....
...allegations, the parties' behavior within the relationship, and the history of the relationship as a whole." Giallanza v. Giallanza,
787 So.2d 162, 164 (Fla. 2d DCA 2001) (citing Gustafson v. Mauck,
743 So.2d 614, 616 (Fla. 1st DCA 1999)); see also §
741.30(6)(b), Fla....
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CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 2001 WL 669350
...Moore sharing his frustration about the divorce. The process server himself could not tell whether Mr. Moore was serious or had any intention of harming Ms. Hall. In order for the court to issue an injunction for protection against domestic violence pursuant to section 741.30, Florida Statutes (1999), Ms....
...Kopelovich, 26 Fla. L. Weekly D934, ___ So.2d ___,
2001 WL 332488 (Fla. Apr. 6, 2001). See also Cleary v. Cleary,
711 So.2d 1302, 1302 n. 1 (Fla. 2d DCA 1998) (affirming issuance of injunction based upon "modest" evidence, but noting that 1997 amendments to section
741.30 require future petitioners to show reasonable cause to believe petitioner is in "imminent danger")....
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CopyCited 6 times | Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 13825, 36 Fla. L. Weekly Fed. D 1928
...c violence. Although he raises three issues on appeal, we address only whether the hearing on the injunction satisfied due process requirements. Because the trial court entered the injunction without conducting a full evidentiary hearing pursuant to section 741.30(5), Florida Statutes (2010), its actions constitute a due process violation. We reverse and remand for further proceedings. Parties are entitled to a full hearing prior to the trial court issuing a permanent injunction. See § 741.30, Fla....
...L.R.P. 12.610(c)(1)(C) (providing that "the court shall conduct a hearing and make a finding of whether domestic violence occurred or whether imminent danger of domestic violence exists"); Lewis v. Lewis,
689 So.2d 1271, 1273 (Fla. 1st DCA 1997) ("Section
741.30[] anticipates a "full hearing" prior to issuing a permanent injunction")....
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CopyCited 5 times | Published | District Court of Appeal of Florida
process prior to the entry of its orders. Section
741.30(4), Florida Statutes (2017), provides that
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CopyCited 5 times | Published | Florida 1st District Court of Appeal | 2012 WL 3930370, 2012 Fla. App. LEXIS 15112
PER CURIAM. Cheryl B. Young appeals the trial court’s issuance of a domestic violence injunction against her pursuant to section 741.30, Florida Statutes (2011)....
...She filed a paper in the divorce proceeding that contained extensive personal information taken from the emails. The trial court rejected Ms. Young’s explanation for her conduct and issued the injunction. In denying her motion for rehearing, the trial court suggested that her conduct amounted to cyberstalking. Section
741.30(6) authorizes the court to issue an injunction when a person shows that he or she has been or is in imminent danger of being a victim of domestic violence as defined in section
741.28....
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CopyCited 5 times | Published | Florida 1st District Court of Appeal | 2005 WL 1036610
...sten Pope, his wife, who petitioned for the injunction and was afforded a full opportunity to testify and to present witnesses. We reverse and remand with directions to the trial court to conduct a prompt, full evidentiary hearing in accordance with section 741.30, Florida Statutes (2004)....
...Like the appellant in the instant case, Mr. Miller attempted to offer evidence but was refused such an opportunity before the trial court extended the temporary injunction for six more months. The Fourth District Court reversed on the ground that "[s]ection 741.30 does not contemplate the extension of a temporary injunction for such a period, nor the entry of a permanent injunction without a full hearing." Id. The cause was remanded with directions to the trial court to conduct a full evidentiary hearing in accordance with section 741.30(5)(c) and the rules of family law. See id. Based on the sound reasoning in Miller and the due-process requirements of section 741.30, Florida Statutes (2004), we REVERSE the final judgment of injunction for protection against domestic violence and REMAND, with instructions to the trial court to afford the parties a full evidentiary hearing....
0 red0 yellow10 green0 procedural
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 2012 WL 513023, 2012 Fla. App. LEXIS 2467
...t was based, we are constrained to reverse. Coe v. Coe,
39 So.3d 542 (Fla. 2d DCA 2010). On March 31, 2011, Mrs. Achurra filed a sworn petition seeking an injunction for protection from domestic violence by Mr. Achurra, who was named the respondent. §
741.30(l)(a) & (3), Fla. Stat. (2010). The trial court issued an ex parte temporary injunction and scheduled an evidentiary hearing. §
741.30(5)(a), Fla....
...1.530(e); Welch v. Welch,
22 So.3d 153, 154 (Fla. 1st DCA 2009) (revised opinion on motions for withdrawal of opinion, clarification, reh’g, or reh’g en banc). Mrs. Achurra, the petitioner, had the initial burden to prove entitlement to relief. §
741.30(l)(a), Fla....
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CopyCited 6 times | Published | Florida 5th District Court of Appeal | 1996 WL 368409
...ay, 1995 and the 16th day of May, 1995, in said County and State, did, in violation of Florida Statute
784.048(4), knowingly, willfully, maliciously and repeatedly follow or harass Carol Jones after an injunction for protection under Florida Statute
741.30 had been duly issued and served....
...hat he: on the 30th day of April, 1995, in said County and State, did, in violation of Florida Statute
784.048(4), knowingly, willfully, maliciously and repeatedly follow or harass Carol Jones after an injunction for protection under Florida Statute
741.30 had been duly issued and served....
...We reverse. Section
784.048(4), Florida Statutes defines "aggravated stalking": *1338 Any person who, after an injunction for protection against repeat violence pursuant to s.
784.046, or an injunction for protection against domestic violence pursuant to s.
741.30, or after any other court-imposed prohibition of conduct toward the subject person or that person's property, knowingly, willfully, maliciously, and repeatedly follows or harasses another person commits the offense of aggravated stalking, a felony of the third degree, punishable as provided in s....
0 red0 yellow5 green0 procedural
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 2014 Fla. App. LEXIS 7706, 2014 WL 2116362
...e petition, and following the statutorily-prescribed ex parte review of the petition, 2 the trial court denied a temporary injunction, finding there was “no appearance of an immediate and present danger of domestic violence as required pursuant to § 741.30, Florida Statutes.” The trial court set a final hearing on the petition for a permanent injunction....
...n injunction for protection against domestic violence.” The ensuing subsections establish the procedures which are to be followed by a petitioner initiating a cause of action and seeking such permanent injunctive relief. Relevant for our purposes, section 741.30(3)(a) provides: The sworn petition shall allege the existence of such domestic violence and shall include the specific facts and circumstances upon the basis of which relief is sought. (Emphasis added) Further, section 741.30(6)(b) provides: In determining whether a petitioner has reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence, the court shall consider and evaluate all relevant facts alleged in the petition, including but not limited to.......
...cond extension of the temporary injunction and the matter was set for a hearing. After taking testimony, the trial court again extended the temporary injunction, this time for an additional year. The husband appealed and the Fifth District held that section 741.30 does not contemplate the issuance of a series of temporary injunctions in lieu of a permanent injunction....
...etition that may properly be filed. 4 Reversed and remanded with directions. . There is no dispute that Marin and Sanchez are "family members” as defined in section
741.28, Florida Statutes (2013), because they did live together in the past. . See §
741.30(5)(a), Fla....
....What is relevant however, is the fact that, between the date of the denial of the temporary injunction and the date of the final hearing (a period of nearly four months) Marin never amended her petition to add any allegations of intervening acts by Sanchez. . See § 741.30(5)(b) (“Nothing herein affects a petitioner’s right to promptly amend any petition, or otherwise be heard in person on any petition consistent with the Florida Rules of Civil Procedure.’’)....
0 red0 yellow8 green0 procedural
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 1997 WL 137990
...Riggs of Hunt, Cook, Riggs, Mehr & Miller, P.A., Boca Raton, for appellant. *529 John A. Kovarik, West Palm Beach, for appellee. PER CURIAM. Matthew P. Miller appeals an order entering a six-month injunction for protection against domestic violence under section 741.30, Florida Statutes, restraining and enjoining him from domestic violence against his wife, Mary Karen Miller, excluding him from their residence, and awarding the wife temporary custody of the parties' minor child, allowing the husband...
...Again, the record does not indicate that the wife filed any petition for extension or gave the husband notice of such a petition, nor does the wife suggest that she did. Without requiring the wife to make any showing of good cause for the extension, see § 741.30(5)(c), Fla.Stat....
...DSA Marine Sales & Serv., Inc. v. County of Manatee,
661 So.2d 907 (Fla. 2d DCA 1995). On no more than the wife's bare verified petition, with no opportunity to contest her allegations, the husband has been restrained from his home and his child for a six-month period. Section
741.30 does not contemplate the extension of a temporary injunction for such a period, nor the entry of a permanent injunction without a full hearing. Accordingly, we reverse and remand for the trial court promptly to conduct a full evidentiary hearing pursuant to section
741.30(5)(c) and rule 12.610(c)(1)(B)....
0 red0 yellow8 green0 procedural
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 1994 WL 594729
...We now examine the charges before us. Miranda was charged with aggravated stalking under section
784.048(4). Therefore, both the aggravated stalking charge and the contempt charge require proof that an injunction for protection has been issued pursuant to section
741.30....
...ggravated stalking prosecution is not barred by double jeopardy. We reverse the dismissal of the aggravated stalking charge and remand for further proceedings in accordance with this opinion. HALL, A.C.J., and BLUE, J., concur. NOTES [1] Pursuant to section 741.30, Florida Statutes (1993)....
...lly protected activity includes picketing or other organized protests. ... . (4) Any person who, after an injunction for protection against repeat violence pursuant to s.
784.046, or an injunction for protection against domestic violence pursuant to s.
741.30, or after any other court-imposed prohibition of conduct toward the subject person or that person's property, knowingly willfully, maliciously, and repeatedly follows or harasses another person commits the offense of aggravated stalking, a felony of the third degree, punishable as provided in s....
0 red0 yellow3 green0 procedural
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2008 WL 724195
...This motion requested the same relief and alternatively asked for an evidentiary hearing. Judge Goldenberg's judicial assistant returned *703 the letter and motion with a memorandum explaining that the original motion had been denied by Judge Dijols. Here, the former boyfriend argues that section 741.30(6)(c), Florida Statutes (2007), provides for a motion to modify or dissolve an injunction at any time....
...The court stated that the "short period did not allow . . . enough time for . . . a hearing on the matter."
816 So.2d at 1247. In Madan, the Third District reversed a trial court's summary denial of a motion to set aside a domestic violence injunction. Relying on section
741.30(6)(b), the court held that the "trial court should have allowed the [movant] to present evidence regarding the initial procurement of the injunction."
729 So.2d at 416....
0 red0 yellow7 green0 procedural
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 2006 WL 2251848
...court found sufficient contacts existed in order to invoke the jurisdiction of the court. On the same day this order was filed, the trial court entered its final order of injunction for protection against domestic violence. II. PERSONAL JURISDICTION Section 741.30, Florida Statutes (2005), provides a cause of action for an injunction for protection against domestic violence....
...e court had jurisdiction over the parties and matter under the laws of Florida and that reasonable notice and opportunity to be heard was given to the person against whom the order is sought sufficient to protect that person's right to due process." § 741.30(6)(d)3, Fla....
...2265, an injunction for protection against domestic violence issued by a court of a foreign state must be accorded full faith and credit by the courts of this state and enforced by a law enforcement agency as if it were the order of a Florida court issued under s. 741.30, s....
0 red1 yellow6 green0 procedural
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 1991 WL 147543
...injunction to stay or abate the husband's "rights to [child] visitation" because of her fear of domestic violence. We hold that Rule 1.610 should not be utilized to obtain an injunction against domestic violence. Our legislature specifically enacted section 741.30 of the Florida Statutes to enable a victim to seek an injunction for that purpose. [1] For procedural reasons, section 741.30 of the Florida Statutes should be the exclusive method to obtain an injunction for protection against domestic violence. Paragraph (d) of the form petition set forth in section 741.30(2)(b) reads, "The following describes any other cause of action currently pending between the petitioner and respondent:"....
...by administrative order) to the trial judge assigned to hear the pending cause of action between the petitioner and respondent. Having the same judge hear both matters curtails the opportunity to "judge or forum shop." Also, unlike Rule 1.610(a)(2), section 741.30(6)(a) allows the trial court to grant a temporary injunction ex parte without any reason given for the lack of notice. When the petitioner alleges domestic violence the reason for the lack of notice is apparent to the trial judge. Nevertheless, we conclude that the wife's petition substantially followed the form outlined in section 741.30(4)(b) and should be considered to be a petition filed pursuant to section 741.30(2)(b). We note that her petition in part alleged that "[p]etitioner has reasonable cause to fear domestic violence as defined by Florida Statute 741.30... ." We interpret the "temporary custody" relief provision of section 741.30(6)(a)2 to include sole temporary custody....
...would have been more appropriate. [2] Each child, if an adult, could have on their own sought and obtained an injunction against domestic violence. The children are blood relatives of their father and had resided with him in a single dwelling unit, section 741.30(2)(e), and they, like their mother, had reasonable cause to believe that they were about to become the victims of an act of domestic violence. *127 § 741.30(2)(a), Fla....
0 red0 yellow4 green0 procedural
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 1995 WL 508902
...The petitioner, Robert James Walker, seeks a writ of prohibition restraining the respondent circuit judge from exercising jurisdiction in an indirect criminal contempt proceeding initiated to punish him for an alleged violation of a domestic violence injunction issued pursuant to section 741.30, Florida Statutes (Supp. 1994). He contends that the provisions of section 741.30(8)(a), Florida Statutes (Supp....
...ctrine of the separation of powers embodied in article II, section 3 of the Florida *316 Constitution, to limit the jurisdiction of a circuit court in the exercise of its constitutionally inherent power of contempt. Furthermore, although we construe section 741.30(8)(a) in a manner consistent with the constitution, we certify two questions of great public importance regarding its interpretation and constitutionality. ANALYSIS OF DOMESTIC VIOLENCE LEGISLATION In 1984, the legislature substantially revised section 741.30, Florida Statutes (1983), by creating a simplified, expedited procedure for obtaining from a circuit court an injunction for protection against domestic violence. See Ch. 84-343, § 10, at 1987-1990, Laws of Fla. (codified at section 741.30, Fla....
...Such an injunction could now "be obtained directly, quickly, without an attorney's help, and at little monetary cost." Office of State Attorney v. Parrotino,
628 So.2d 1097, 1099 (Fla. 1993). The legislature also provided that the court issuing the injunction was required to enforce compliance through "contempt proceedings." §
741.30(9)(a), Fla....
...1984). In 1986, the legislature again amended the statute by providing that the court issuing the injunction "shall enforce" compliance through "civil or indirect criminal contempt proceedings." See Ch. 86-264, § 1, at 1973, Laws of Fla. (codified at § 741.30(9)(a), Fla....
...orce, through a civil contempt proceeding, a violation of an injunction for protection against domestic violence which is not a criminal violation under s.
741.31." §
741.2902(2)(g), Fla. Stat. (Supp. 1994). It substantively codified this intent in section
741.30(8)(a), which provides in part that "[t]he court shall enforce, through a civil contempt proceeding, a violation of an injunction for protection which is not a criminal violation under s....
...741.31." (Emphasis added.) This revision purported to divest the circuit courts of their previous statutory authority to use an indirect criminal contempt proceeding as one of the methods to enforce compliance with any violation of a domestic violence injunction. See § 741.30(9)(a), Fla....
...r to a circuit court to enforce a violation of a domestic injunction occurring on or after July 1, 1995. See Ch. 95-195, § 5, at 1400, Laws of Fla. Notwithstanding this legislative change of mind, however, the separation of powers issue inherent in section 741.30(8)(a), Florida Statutes (Supp....
...1 A.L.R. 215, 216 (1939) (stating general rule "that the legislature cannot abridge or destroy the judicial power to punish for contempt, since a power which the legislature does not give, it cannot take away."). Accordingly, the respondent's use of section 741.30 as the sole basis for issuing the injunction did not limit him to the use of the species of contempt provided for in the statute because, as noted, the legislature had no *319 authority in the first instance to control the type of contempt to be used in enforcing compliance with such an injunction....
...ranch from encroachment by another. Pepper v. Pepper,
66 So.2d 280 (Fla. 1953). Given our analysis of the law of contempt in conjunction with this constitutional framework, we conclude that the legislature's attempt by the use of the word "shall" in section
741.30(8)(a), to limit the judiciary's authority to civil contempt proceedings for the enforcement of domestic violence injunctions contravenes article II, section 3 of the Florida Constitution....
...1985); see also Fernandez v. Kellner,
55 So.2d 793 (Fla. 1951) (court's power and authority to punish by contempt a willful violation of an injunction cannot be questioned), appeal dismissed,
344 U.S. 802,
73 S.Ct. 40,
97 L.Ed. 625 (1952). CONSTITUTIONAL ANALYSIS OF SECTION
741.30(8)(a), FLORIDA STATUTES (SUPP....
...word is to be interpreted as permissive or directory, rather than mandatory. Rich v. Ryals,
212 So.2d 641 (Fla. 1968); Simmons,
160 Fla. 626,
36 So.2d 207. In reliance on this principle, we conclude that the legislature's use of the word "shall" in section
741.30(8)(a), Florida Statutes (Supp....
...Genung,
300 So.2d 271 (Fla. 2d DCA 1974). Given this interpretation, we specifically hold that a circuit court has the inherent authority, if it so chooses in its discretion, to enforce compliance with a domestic violence injunction issued pursuant to section
741.30, Florida Statutes (Supp....
...Accordingly, because our decision has statewide significance in an area involving how to best address one of the most serious problems confronting our society violence within the domestic context we certify the following questions of great public importance: IS THE WORD "SHALL" AS USED IN SECTION 741.30(8)(a), FLORIDA STATUTES (SUPP. 1994), TO BE INTERPRETED AS MANDATORY RATHER THAN AS PERMISSIVE OR DIRECTORY? IF INTERPRETED AS MANDATORY, IS SECTION 741.30(8)(a), FLORIDA STATUTES (SUPP....
...However, the provision that "indirect criminal contempt may no longer be used to enforce compliance with injunctions for protection against domestic violence" applies not only to violations that would now be deemed misdemeanor offenses, but also to non-criminal violations as well. This legislative intent is implemented in section 741.30(8)(a), Florida Statutes (Supp....
...[10] See also 16 Am.Jur.2d Constitutional Law § 296 (1979); John E. Nowak, et al., Constitutional Law 135-37 (2d ed. 1983). [11]
741.31 Violation of an injunction for protection against domestic violence. A person who willfully violates an injunction for protection against domestic violence, issued pursuant to s.
741.30, by: (1) Refusing to vacate the dwelling that the parties share; (2) Returning to the dwelling or the property that the parties share; (3) Committing an act of domestic violence against the petitioner; or (4) Committing any other violation...
0 red0 yellow4 green0 procedural
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 1998 WL 796725
...cise the visitation he was awarded as the respondent in a domestic violence proceeding. We reverse. This action began in September of 1997 when O'Neill filed a standardized petition for injunction for protection against domestic violence pursuant to section 741.30, Florida Statutes (1997)....
...Therefore, we reverse the order of the trial court directing O'Neill to relocate to Florida with the minor child and remand for further proceedings in accordance with this opinion. Reversed and remanded. ALTENBERND, A.C.J., and CASANUEVA, J., Concur. NOTES [1] Section 741.30(6)(a), Florida Statutes (1997), provides that injunctions may award temporary custody, visitation rights and support for a minor child "[o]n the same basis as provided in chapter 61." [2] See Chapter 97-242, Laws of Florida, effective...
0 red0 yellow6 green0 procedural
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2001 Fla. App. LEXIS 8038, 2001 WL 649518
...ending action. [1] In the instance of protection from personal harm, such as a petition for protection against domestic violence, a request *659 for a temporary injunction in the absence of a request for permanent relief may well be appropriate. See § 741.30, Fla....
0 red0 yellow6 green0 procedural
CopyCited 5 times | Published | Supreme Court of Florida | 1998 WL 315150
...ted by the Legislature and of making policy recommendations to the Legislature"). We recently reaffirmed a court's inherent contempt powers in Walker v. Bentley,
678 So.2d 1265 (Fla.1996). In Walker, we considered the legislature's 1994 amendment to section
741.30, Florida Statutes (1993), which created a cause of action for violation of and provided for the enforcement of injunctions for protection against domestic violence....
...NOTES [1] The following facts are taken from the district court's opinion. Washington,
704 So.2d at 54142. [2] Section
741.31(4)(b) provides: (4) A person who willfully violates an injunction for protection against domestic violence, issued pursuant to S.
741.30, by: .......
...enforce, through a civil contempt proceeding, a violation of an injunction for protection which is not a criminal violation under s.
741.31. The court may enforce the respondent's compliance with the injunction by imposing a monetary assessment. See §
741.30, Fla....
0 red0 yellow6 green0 procedural
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 2002 WL 1800722
...After an evidentiary hearing, the trial court extended the injunction for another seven years. The former husband challenges the duration of the injunction and argues that an injunction effective for seven years is erroneous as a matter of law. We disagree. The trial court entered a permanent injunction pursuant to section 741.30, Florida Statutes (1997). In 1997, the legislature removed the language that limited the duration of a permanent domestic violence injunction to one year. The amended statute now provides that an injunction "shall remain in effect until modified or dissolved." § 741.30(6)(b) Fla....
0 red0 yellow6 green0 procedural
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 1999 WL 1015605
...In Simpson, we held that a wrongful death suit against the city's police department would not be barred by sovereign immunity if it was alleged that the police released, after an arrest, a domestic violence injunction violator, without taking the violator before the court as prescribed by section 741.30(9)(b), Florida Statutes....
...s consistently denied. [7] See Maciejewski v. Holland,
441 So.2d 703, 704 (Fla. 2d DCA 1983)(all material allegations of the complaint are taken as true; court is not allowed to speculate as to whether allegations can be proven at a later time). [8] Section
741.30(9)(b) provides in pertinent part that: In the event the respondent is arrested by a law enforcement officer under the authority of s....
...741.31, the respondent shall be held in custody and brought before the court as expeditiously as possible for the purpose of enforcing the injunction. The respondent may be admitted to bail in accordance with the provisions of chapter 903 and the applicable rules of criminal procedure, pending a hearing. § 741.30(9)(b), Fla....
0 red0 yellow5 green0 procedural
CopyCited 5 times | Published | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 180, 2010 Fla. LEXIS 405, 2010 WL 958075
...(x) Identifying information in clinical records of detained criminal defendants found incompetent to proceed or acquitted by reason of insanity. §
916.107(8), Fla. Stat. (xi) Estate inventories and accountings. §
733.604(1), Fla. Stat. (xii) The victim's address in a domestic violence action on petitioner's request. §
741.30(3)(b), Fla....
..._____ Identifying information in clinical records of detained criminal defendants found incompetent to proceed or acquitted by reason of insanity. §
916.107(8), Fla. Stat. _____ Estate inventories and accountings. §
733.604(1), Fla. Stat. _____ Victim's address in domestic violence action on petitioner's request. §
741.30(3)(b), Fla....
0 red0 yellow5 green0 procedural
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2000 WL 873698
...Appellant was denied due process when the trial court entered Final Judgment of Injunction for Protection Against Domestic Violence and awarded temporary custody of the parties' minor child to the mother without being afforded a full evidentiary hearing in accordance with section 741.30(5), Florida Statutes (Supp.1998)....
...the number of cases being heard that day and suggested instead, that once the parties filed for divorce, appellant could petition the court to consolidate this case with the dissolution action and request a full evidentiary hearing. This was error. Section
741.30 anticipates a full hearing prior to issuing a permanent injunction. See Lewis v. Lewis,
689 So.2d 1271, 1273 (Fla. 1st DCA 1997). Section
741.30(5)(a) provides that "[w]hen it appears to the court that an immediate and present danger of domestic violence exists, the court may grant a temporary injunction ex parte, pending a full hearing, and may grant such relief as the court deems proper, including an injunction." (emphasis supplied). A full hearing, as provided by this section, shall be set for a date no later than the date when the temporary injunction ceases to be effective. §
741.30(5)(c), Fla. Stat. (Supp.1998). The anticipated full hearing is the permanent injunction hearing to be held within 15 days of the ex parte injunction. See Lewis,
689 So.2d at 1273. Section
741.30(6)(a) provides that upon notice and hearing, the court may on the same basis as provided in chapter 61, award temporary custody of, or temporary visitation rights with regard to, a minor child or children of the parties....
...We cannot, however, ignore the dictates of the Florida Statutes and Family Law Rules as well as the requirements of fundamental due process concerning procedures to be utilized in making this critical decision. See id. The court held that sections 741.30(5) and (6) and rule 12.610, Family Law Rules of Procedure, require at least that a party shall have a reasonable opportunity to present their case prior to the court making its decision....
...ations previously relied on are not true. The witnesses should be sworn, each party should be permitted to call witnesses with relevant information, and cross-examination should be permitted); Miller v. Miller,
691 So.2d 528, 529 (Fla. 4th DCA 1997)(section
741.30 does not contemplate the extension of a temporary injunction for a long period, nor the entry of a permanent injunction without a full hearing)....
0 red0 yellow5 green0 procedural
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2013 WL 5628683, 2013 Fla. App. LEXIS 16394
...or she is “either the victim of domestic violence or ‘has reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence.’ ” Id. (citing Ambrefe v. Ambrefe,
993 So.2d 98, 98 (Fla. 2d DCA 2008) (quoting section
741.30(l)(a), Fla....
0 red0 yellow8 green0 procedural
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2013 WL 3335023, 2013 Fla. App. LEXIS 10703
...*619 Analysis A trial court may issue an injunction “[u]pon notice and hearing, when it appears to the court that [a] petitioner is either the victim of domestic violence ... or has reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence.” § 741.30(6)(a), Fla....
...Unsubstantiated statements by Mr. Brilhart regarding his personal fear for S.L.B. are insufficient to support the trial court’s finding that S.L.B. is a victim of domestic violence or is in reasonable fear of becoming a victim of domestic violence. See § 741.30(6)(a)....
0 red0 yellow12 green0 procedural
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2014 WL 3928415, 2014 Fla. App. LEXIS 12425
...ctim of domestic violence
as defined in section
741.28 or has reasonable cause to believe he or she
is in imminent danger of becoming the victim of any act of domestic
violence.’” Lopez v. Lopez,
922 So. 2d 408, 410 (Fla. 4th DCA 2006)
(quoting §
741.30(1)(a), Fla....
0 red0 yellow11 green0 procedural
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2012 Fla. App. LEXIS 21509, 2012 WL 6213134
...In 2011, the father filed a motion to modify or dissolve the injunction. The motion alleged various claims, including a challenge to the original issuance of the injunction, but did not allege any change in circumstances. The trial court denied the motion without a hearing. This appeal timely followed. Section 741.30, Florida Statutes (2011), authorizes either party to a domestic violence injunction to file a motion to modify or dissolve the injunction at any time, and the statute provides that no specific allegations are required....
...Appellate jurisdiction is proper pursuant to rule 9.130(a)(3)(B) of the Florida Rules of Appellate Procedure, which authorizes appeals from non-final orders that refuse to modify injunctions. . Rule 1.610(d) of the Florida Rules of Civil Procedure, like section 741.30, authorizes the modification or dissolution of an injunction at any time.
0 red0 yellow10 green0 procedural
CopyCited 4 times | Published | Court of Appeals for the Eleventh Circuit | 2013 WL 221459, 2013 U.S. App. LEXIS 1457
...pursuant to [Fla. Stat. §]
775.21 or a person previously designated as a sexual
predator who had the sexual predator designation removed.
(p) The capital felony was committed by a person subject to an injunction issued
pursuant to [Fla. Stat. §]
741.30 or [Fla....
0 red0 yellow5 green0 procedural
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1997 WL 216209
...Ho of Asbell, Coleman & Ho, P.A., Naples, for Appellee. ALTENBERND, Acting Chief Judge. Carl Peter Baumgartner appeals the trial court's "Judgment of Attorney's Fees" entered in an action to obtain an injunction for protection against domestic violence pursuant to section 741.30, Florida Statutes (1995)....
...Recently, this court affirmed the basic injunction, but reversed portions of the injunction that interfered with a German court's authority to resolve child custody issues. Baumgartner v. Baumgartner,
691 So.2d 488 (Fla. 2d DCA 1997). We now reverse the award of attorneys' fees because neither section
741.30 nor chapter 61, Florida Statutes (1995), provides a basis for the fees in this case....
...The couple had a domestic altercation on April 3, 1996, over who would use their condominium and who would have custody of the children during this vacation. As a result of the altercation, on April 4, 1996, Mrs. Baumgartner petitioned for an injunction for protection against domestic violence pursuant to section 741.30....
...Baumgartner's attorneys filed their motion for fees. After a hearing in June, the trial court entered its final judgment solely for the purpose of awarding Mrs. Baumgartner attorneys' fees in the amount of $7,972.62. The cause of action created in section 741.30 does not provide for an award of attorneys' fees. Moreover, the statute clearly contemplates a streamlined pro se proceeding. It expressly mandates that clerks of court shall "assist" the petitioners in seeking the injunction. § 741.30(2)(c), Fla.Stat. (1995). Standardized forms are utilized, and the clerks of court are trained to provide "effective assistance." § 741.30(2)(c)(6), Fla....
...4th DCA 1990), Hornsby v. Newman,
444 So.2d 90 (Fla. 4th DCA 1984), and modifications of child support in paternity disputes, P.A.G. v. A.F.,
602 So.2d 1259 (Fla.1992). We conclude that those cases are distinguishable because the cause of action created by section
741.30 is utilized in many situations which either do not or cannot result in a divorce proceeding under chapter 61....
...ues determined in divorce, paternity, or annulment proceedings. We are not called upon in this case to determine whether an attorney could recover fees in a chapter 61 proceeding for time expended helping a client obtain a necessary injunction under section 741.30 at the inception of the divorce....
0 red0 yellow8 green0 procedural
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2016 WL 1579251, 2016 Fla. App. LEXIS 5992, 41 Fla. L. Weekly Fed. D 980
...Winterlakes Prop.
Owners Ass’n,
169 So. 3d 253, 255 (Fla. 4th DCA 2015) (citation
omitted). A trial court’s denial of a motion for continuance is reviewed
for an abuse of discretion, which must be clearly shown. Krock v.
Rozinsky,
78 So. 3d 38, 41 (Fla. 4th DCA 2012).
Section
741.30, Florida Statutes (2014), provides a cause of action for
a domestic violence injunction. The statute provides in pertinent part
that “[t]he respondent shall be personally served with a copy of the
petition.” §
741.30(4), Fla....
...4th DCA 2013)).
2 Monday, September 1, 2014, was Labor Day.
2
sworn petition shall allege the existence of such domestic violence and
shall include the specific facts and circumstances upon the basis of
which relief is sought.” § 741.30(3)(a). The statute states that “[n]othing
herein affects a petitioner’s right to promptly amend any petition.” §
741.30(5)(b). The trial court may grant a continuance “before or during a
hearing for good cause shown by any party, which shall include a
continuance to obtain service of process.” § 741.30(5)(c)....
0 red0 yellow8 green0 procedural
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 1994 WL 169539
...eet corner in a business section of St. Petersburg. The woman said that the man had hit her, and she had a cut lip. The officer made no effort to determine whether these people were husband and wife or otherwise shared a "domestic" relationship. See § 741.30(1)(a), Fla....
0 red0 yellow4 green0 procedural
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1995 WL 380366
...Although not clear, Appellee's petition resulting in the order was apparently brought under chapter 61, Florida Statutes. However, regardless of whether the temporary custody change and restraining order is founded on section
61.13, Florida Statutes, section
741.30, Florida Statutes, or rule 1.610, Florida Rules of Civil Procedure, it cannot be entered without sworn evidence....
0 red0 yellow4 green0 procedural
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 1998 WL 279219
...1997 amendments, [1] we conclude that Mr. Cleary's wife had standing and that this court cannot reweigh the trial court's factual decision. See Tsavaris v. NCNB Nat'l Bank of Fla.,
497 So.2d 1338 (Fla. 2d DCA 1986). Accordingly, we affirm the order. Section
741.30(1)(c), Florida Statutes (Supp.1996), provides that orders entered in a subsequently filed dissolution proceeding take precedence over conflicting provisions in an injunction concerning matters governed by chapter 61....
...ng on the permanent injunction, but we will not reverse those rulings because the trial judge in the dissolution proceeding has authority to make more deliberate decisions. Affirmed. BLUE, J., and YOUNG, ROBERT A., Associate Judge, concur. NOTES [1] Section 741.30(1)(a), Florida Statutes (Supp....
0 red0 yellow2 green0 procedural
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2008 WL 4569950
...Grossman of Law Office of Jane H. Grossman, St. Petersburg, for Appellee. WHATLEY, Judge. Joseph T. Ambrefe, Jr., appeals the final judgment of injunction against domestic violence with child entered after his wife, Denise Rizzo Ambrefe, filed a petition seeking same. We reverse. Section 741.30, Florida Statutes (2007), creates a cause of action for an injunction for protection against domestic violence. A court may issue an injunction when it appears that the petitioner is either the victim of domestic violence or "has reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence." § 741.30(6)(a)....
...See Oettmeier v. Oettmeier,
960 So.2d 902 (Fla. 2d DCA 2007); Moore v. Hall,
786 So.2d 1264 (Fla. 2d DCA 2001). The court's belief that the parents were improperly using the child to work out their marital issues is irrelevant to the inquiry required by section
741.30(6)(a)....
0 red0 yellow7 green0 procedural
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 12823, 2016 WL 4445936
...Analysis “An order imposing an injunction is reviewed for an abuse of discretion. A trial court abuses its discretion by entering a domestic violence injunction when the ruling is not supported by competent, substantial evidence.” Selph v. Selph,
144 So.3d 676, 677-78 (Fla. 4th DCA 2014). Section
741.30(l)(a), Florida Statutes (2015), creates a cause of action for an injunction for protection against domestic violence on behalf of a family or household member who “has reasonable cause to believe he or she is in imminent danger of becoming the victim of any act of domestic violence.” Id....
...The question is not whether Appellee was subjectively scared, but whether her fear was objectively reasonable. Oettmeier;
960 So.2d at 904 . And importantly here, the appropriate inquiry looks towards the immediate future rather than some distant possibility of trepidation. See
741.30(l)(a), Fla....
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CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2001 WL 332500
...afford appellant due process in this matter. Snyder v. Snyder,
685 So.2d 1320 (Fla. 2d DCA 1996). The dismissal is therefore reversed. The trial court further erred in granting appellee's counter-petition for injunction without hearing any evidence. Section
741.30, Florida Statutes (1999), which governs domestic violence injunctions, requires that a trial court hold a full evidentiary hearing prior to entering a permanent injunction against domestic violence. §
741.30(5)(c), Fla....
0 red0 yellow6 green0 procedural
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2013 WL 1629167, 2013 Fla. App. LEXIS 6059
...court did not err in dismissing the petition even as to child custody. The court could also have jurisdiction over temporary child custody and child support pursuant to the petition for an injunction for the protection against domestic violence. See § 741.30, Fla....
0 red0 yellow6 green0 procedural
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 15195, 2015 WL 5965216
...Adequate notice must therefore provide “some indication of the
witnesses to be called and the evidence to be utilized to prove entitlement to
relief.” Town of Jupiter v. Andreff,
656 So. 2d 1374, 1377 (Fla. 1st DCA 1995).
To that end, section
741.30(3)(a), Florida Statutes (2012) provides:
The sworn petition shall allege the existence of such domestic
violence and shall include the specific facts and circumstances upon
the basis of which relief is sought....
0 red0 yellow10 green0 procedural
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 1997 WL 600712
...If it is determined that City of Miami Police Officer Fuentes's action of securing the domestic violence injunction violator in the police cruiser, after having responded to a call about an injunction violation, constituted an arrest of the violator, then pursuant to the section 741.30(9)(b), Florida Statutes (1993) [1] provision that upon arrest the violator "shall be held in custody until brought before the court as expeditiously as possible [,]" (emphasis added), the officer had no discretion under sovereign immunity principles to release the violator, see Everton v....
...Everton v. Willard,
468 So.2d 936, 937 (Fla.1985). The complaint relates the tragic scenario that culminated in Morena Simpson's untimely death. In June 1993, Ms. Simpson obtained a Permanent Injunction for Protection against domestic violence under section
741.30, Florida Statutes (1993)....
...tions when they occur. To require anything less eviscerates the injunction and renders it a mere advisory court action that violators really need not heed. NOTES [1] Chapter 94-134, section 5, at 731, Laws of Florida, effective July 1, 1994, amended section 741.30(9)(b). Pursuant to that amendment, section 741.30(8)(b), Florida Statutes, contains substantially similar language as former subsection (9)(b).
0 red0 yellow4 green0 procedural
CopyCited 3 times | Published | Supreme Court of Florida | 34 Fla. L. Weekly Supp. 336, 2009 Fla. LEXIS 927, 2009 WL 1473978
...(F) UIFSA-Non IV-D all matters relating to Chapter 88, Florida Statutes, in which an application for assistance has not been filed under Title IV-D, Social Security Act. (G) Domestic Violenceall matters relating to injunctions for protection against domestic violence pursuant to section 741.30, Florida Statutes....
...(B) Dissolution of Marriagepetitions for the termination of marriage pursuant to Chapter 61, Florida Statutes, other than simplified dissolution. (C) Domestic Violenceall matters relating to injunctions for protection against domestic violence pursuant to section 741.30, Florida Statutes....
0 red0 yellow4 green0 procedural
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 1999 WL 72081
...Before JORGENSON, GODERICH and SORONDO, JJ. PER CURIAM. The husband, Robert Madan, appeals from an order denying his motion to set aside a permanent injunction for protection against domestic violence. We reverse and remand with instructions. Because section 741.30(6)(b), Florida Statutes (1997), provides that "[e]ither party may move at any time to modify or dissolve the injunction," the trial court should have allowed the husband to present evidence regarding the initial procurement of the injunction....
0 red0 yellow1 green0 procedural
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 246
...dicially determined to have committed abuse against a child as defined in s.
39.01(2) and (7) or to have a substantiated indicated report of abuse as defined in s. 415.503 or to have committed an act which constitutes domestic violence as defined in s.
741.30....
...en judicially determined to have committed child abuse as defined in section
39.01, or to have a substantiated indicated report of abuse as defined in section 415.503, [2] or to have committed an act which constitutes domestic violence as defined in section
741.30, are presumed unqualified as child care personnel and may overcome that presumption by showing HRS clear and convincing evidence of good character or rehabilitation....
0 red0 yellow3 green0 procedural
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1992 WL 365777
...a court order forbidding actions by a third party that are already prohibited by law, as in this case. I fully recognize the beneficial purposes which may be accomplished, in an appropriate case, through an injunction against domestic violence under section 741.30, Florida Statutes, the violation of which is punishable by indirect criminal contempt of court....
0 red0 yellow3 green0 procedural
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2001 WL 387764
...In that injunction, the trial court awarded temporary custody of the parties' four minor children to the former husband and denied the former wife any contact with her children for one year. We reverse. The former husband petitioned for an injunction for protection against domestic violence pursuant to section 741.30, Florida Statutes (1999), as father, on behalf of, and best friend of the parties' four minor children....
...The petition clearly stated: "If you are asking the court to determine issues of temporary custody with regards to a minor child, you must also complete and file a Uniform Child Custody Jurisdiction Act (UCCJA) Affidavit." Such a filing or incorporation was required by section 741.30(3)(d), Florida Statutes (1999)....
...r for relief, established that the former wife was not placed on notice that issues of temporary custody and visitation would be addressed. Finally, we note that the four children's best interests were not addressed at the hearing on the injunction. Section 741.30(6)(a)3., Florida Statutes (1999), provides: Upon notice and hearing, the court may grant such relief as the court deems proper, including an injunction: ....
0 red0 yellow3 green0 procedural
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2016 WL 1660617, 2016 Fla. App. LEXIS 6299
...Rashida Wills Jones is a thirty-eight year old woman who suffers from
schizoaffective and bipolar disorders; Kenneth B. Wills and Bobbie Akins are her
parents. In June 2015, Ms. Jones sought an injunction against her parents to
prevent domestic violence, section 741.30, Florida Statutes, alleging they
previously harassed her as well as threatened to bring litigation against individuals
closely associated with her....
0 red0 yellow7 green0 procedural
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2001 WL 527511
...r in Honduras. She stated that she feels scared every time she sees the respondent, and is afraid he will come after her. The trial court denied the supplemental request for relief without a hearing, entering an order identical to the initial order. Section 741.30(5)(a) provides, "When it appears to the court that an immediate and present danger of domestic violence *675 exists, the court may grant a temporary injunction ex parte, pending a full hearing...." See also Fam....
...In denying the petition, the trial court provided, as its sole reason for denial, only a statement that petitioner "failed to allege facts sufficient to support the entry of an injunction against domestic or repeat violence," without specifying how the allegations were insufficient. Both section 741.30(5)(b) and rule 12.610(b)(3) require that a denial of a petition for an ex parte temporary injunction be "by written order noting the legal grounds for denial." Specifically, section 741.30(5)(b) provides: In a hearing ex parte for the purpose of obtaining such ex parte temporary injunction, no evidence other than verified pleadings or affidavits shall be used as evidence, unless the respondent appears at the hearing or has received reasonable notice of the hearing....
...(Emphasis added). We hold that the trial court's findings were insufficient to satisfy the statute's and rule's requirements. The trial court's findings, when sufficient, may trigger the requirement for a full hearing at the earliest possible time. As seen above, section 741.30(5)(b) and rule 12.610(b)(3) require that where the petition allegations are found to be insufficient only because they do not present an appearance of an immediate and present danger of domestic violence, the court must set a full hearing on the petition, with notice, at the earliest possible time....
...In his order of dismissal, the assigned judge found that the injunction was "improvidently issued, as the Petitioner failed to allege facts sufficient to support the entry of an injunction." The judge also canceled the hearing which had been set by the duty judge. After an ex parte temporary injunction is entered, section 741.30(5)(c) requires that a full hearing be set on the matter....
...3d DCA 2001), reversed an order dismissing a temporary injunction against domestic violence because the dismissal had been entered without giving the petitioner due notice and an opportunity to be heard. The district court specified that on remand, "section
741.30 and the requirements of due process must be observed." See also Segui v. Nester,
745 So.2d 591 (Fla. 5th DCA 1999) (reversing the dismissal of a petition for an injunction against repeat domestic violence pursuant to section
784.046, which contains a provision identical in effect to that in section
741.30(5)(c) quoted above, because the dismissal was entered without providing an evidentiary hearing); Brooks v....
...As noted above, *677 when a petition for an injunction is denied as insufficient only because is does not present an appearance of an immediate and present danger of domestic violence, the court must set a full hearing on the petition, with notice, at the earliest possible time. § 741.30(5)(b); Fla....
...We remand petitioner Sanchez's case and direct the trial court to forthwith conduct an ex parte hearing on the petition. In the event the trial court determines that the petition should be denied, the court shall state the reasons for the denial in its written order, as provided in section 741.30(5)(b) and rule 12.610(b)(3)....
...We also grant petitioner Smith's petition for writ of certiorari, quash the trial court's order dismissing the injunction, and remand with directions to the trial court to immediately reinstate the injunction entered by the duty judge. Thereafter, the trial court shall comply with the requirements of section 741.30(5)(c) when conducting further proceedings concerning the injunction....
0 red0 yellow6 green0 procedural
CopyCited 4 times | Published | District Court of Appeal of Florida | 1993 WL 157742
filed by appellee, his former wife, pursuant to section
741.30, Florida Statutes (Supp. 1992). Appellant argues
0 red0 yellow1 green0 procedural
CopyCited 3 times | Published | Supreme Court of Florida
enforcement agencies, as provided in section
741.30, Florida Statutes. I UNDERSTAND THAT
0 red0 yellow2 green0 procedural
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2001 WL 584320
Protection Against Domestic Violence." Pursuant to section
741.30, Florida Statutes, the trial court entered
0 red0 yellow2 green0 procedural
CopyCited 2 times | Published | Florida 5th District Court of Appeal
protection against domestic violence under section
741.30(6)(a), Florida Statutes (2017), a petitioner
0 red0 yellow4 green0 procedural
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2007 WL 1484536
domestic violence injunction directed at Gordon. See §
741.30, Fla. Stat. (2006). On April 2, 2004, Savitt moved
0 red0 yellow4 green0 procedural
CopyCited 2 times | Published | Supreme Court of Florida | 36 Fla. L. Weekly Supp. 414, 2011 Fla. LEXIS 1573, 2011 WL 2637473
domestic violence action on petitioner's request. §
741.30(3)(b), Fla. Stat. _____ Information identifying
0 red0 yellow4 green0 procedural
CopyCited 2 times | Published | District Court of Appeal of Florida | 1995 WL 654206
Protection Against Domestic Violence pursuant to section
741.30, Florida Statutes (Supp. 1994). She alleged
0 red0 yellow3 green0 procedural
CopyCited 2 times | Published | District Court of Appeal of Florida | 1997 WL 422763
protection against domestic violence pursuant to section
741.30(6)(b), Florida Statutes (1995) in favor of
0 red0 yellow3 green0 procedural
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2006 WL 12940
or dismiss the final injunction pursuant to section
741.30(6)(c), Florida Statutes (2004). Even though
0 red0 yellow3 green0 procedural
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2008 WL 976845
value in the subsequent dissolution proceeding. Section
741.30(1)(c), Florida Statutes (2003), which governs
0 red0 yellow3 green0 procedural
CopyCited 3 times | Published | District Court of Appeal of Florida | 1997 WL 67954
protection against domestic violence pursuant to section
741.30, Florida Statutes (1995). We affirm the subsections
0 red0 yellow1 green0 procedural
CopyCited 2 times | Published | Supreme Court of Florida | 34 Fla. L. Weekly Supp. 576, 2009 Fla. LEXIS 1795, 2009 WL 3296237
protection against domestic violence pursuant to section
741.30, Florida Statutes. (D) Dating Violence all
0 red0 yellow2 green0 procedural
CopyCited 2 times | Published | Florida 5th District Court of Appeal
protection against domestic violence under section
741.30, Florida Statutes (2017), and both the temporary
0 red0 yellow2 green0 procedural
CopyCited 1 times | Published | District Court of Appeal of Florida | 1997 WL 352429
domestic violence injunction is authorized under section
741.30, Florida Statutes (1995). But the statute limits
0 red0 yellow5 green0 procedural
CopyCited 1 times | Published | District Court of Appeal of Florida | 1998 WL 204950
regulating domestic violence injunctions under section
741.30, Florida Statutes (1995), this court ruled
0 red0 yellow5 green0 procedural
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2011 WL 4104731
any exception, including parental discipline. Section
741.30(1)(a), Florida Statutes (2010) permits family
0 red0 yellow4 green0 procedural
CopyCited 1 times | Published | District Court of Appeal of Florida
best interest of the daughter. Under section
741.30, Florida Statutes (2017), a trial court may
0 red0 yellow4 green0 procedural
CopyCited 1 times | Published | District Court of Appeal of Florida | 1995 WL 704742
filed an action for injunction pursuant to section
741.30, Florida Statutes (Supp. 1994). Her petition
0 red0 yellow4 green0 procedural
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2008 WL 2185436
evidence to support the ruling. Pursuant to section
741.30, Florida Statutes (2007), the mother petitioned
0 red0 yellow1 green0 procedural
CopyCited 2 times | Published | District Court of Appeal of Florida | 1992 WL 163933
domestic violence under section 731.30 (sic), [see section
741.30,[3]]. The order contains "boilerplate" recitals
0 red0 yellow1 green0 procedural
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2005 WL 94749
hearing. We agree and reverse. Pursuant to section
741.30, Florida Statutes (2003), the trial court held
0 red0 yellow1 green0 procedural
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2010 WL 3564716
GERSTEN and LAGOA, JJ. PER CURIAM. Affirmed. See §
741.30, Fla. Stat. (2010); Jackson v. Echols, 937 So
0 red0 yellow2 green0 procedural
CopyCited 1 times | Published | District Court of Appeal of Florida
presented to support an injunction pursuant to section
741.30, Florida Statutes (2018).
0 red0 yellow2 green0 procedural
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2002 WL 385178
pursuant to Florida's domestic violence statute, section
741.30, Florida Statutes (2001). Rosenthal contends
0 red0 yellow2 green0 procedural
CopyCited 1 times | Published | District Court of Appeal of Florida | 1992 WL 372229
Appellant appeals an order entered pursuant to section
741.30, Florida Statutes (1989), extending an injunction
0 red0 yellow2 green0 procedural
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2005 WL 3439929
relationship came within the applicable statute. Section
741.30, Florida Statutes (2005), creates a cause of
0 red0 yellow2 green0 procedural
CopyCited 1 times | Published | District Court of Appeal of Florida
imminent domestic violence. Section
741.30(6)(a), Florida Statutes (2016), provides for
0 red0 yellow2 green0 procedural
CopyCited 2 times | Published | District Court of Appeal of Florida | 1992 WL 93566
upon petition of his stepmother pursuant to section
741.30, Florida Statutes (1989). The reasons for the
0 red0 yellow0 green0 procedural
CopyCited 2 times | Published | Florida 2nd District Court of Appeal
issue the new injunction on that fact as well. Section
741.30(l)(a), Florida Statutes (2009), provides that
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2001 WL 1503247
Gomez. The trial court held that, pursuant to section
741.30, Florida Statutes (2000), Mr. Partlowe lacked
0 red0 yellow1 green0 procedural
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2003 WL 2002811
basis for reversing the judgment in this case. Section
741.30(1), Florida Statutes (2001), provides that
0 red0 yellow1 green0 procedural
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2014 WL 895188, 2014 Fla. App. LEXIS 3397
taking the child out of state. Discussion Section
741.30, Florida Statutes, which governs issuance of
0 red0 yellow1 green0 procedural
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2011 Fla. App. LEXIS 8458, 2011 WL 2278990
pursuant to Florida's domestic violence statute, section
741.30, Florida Statutes (2010). At that time, the
0 red0 yellow1 green0 procedural
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2007 WL 1953020
becoming the victim of any act of domestic violence." §
741.30(1)(a), Fla. Stat. (2006); see also Young v. Smith
0 red0 yellow1 green0 procedural
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2001 WL 166846
her sworn pleadings, and in accordance with section
741.30(5), Florida Statutes (1999), the former wife
0 red0 yellow1 green0 procedural
CopyPublished | Supreme Court of Florida | 42 Fla. L. Weekly Supp. 319, 2017 WL 1031456, 2017 Fla. LEXIS 598
exists”—are inconsistent with statutory law. Section
741.30(5)(a), Florida Statutes (2016), addresses injunctions
0 red0 yellow8 green0 procedural
CopyPublished | District Court of Appeal of Florida
protection against domestic violence pursuant to section
741.30, Florida Statutes (2010). She alleged that
0 red0 yellow5 green0 procedural
CopyPublished | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 1746, 2016 WL 540649
ex-girlfriend, Chavondra Briann James, pursuant to section 741,30, Florida Statutes (2013), We reverse the final
0 red0 yellow5 green0 procedural
CopyPublished | Florida 1st District Court of Appeal | 2006 WL 756449
provision for an award of attorney's fees in a section
741.30, Florida Statutes, proceeding, this cross appeal
0 red0 yellow3 green0 procedural
CopyPublished | Supreme Court of Florida | 1996 WL 473327
importance: IS THE WORD "SHALL" AS USED IN SECTION
741.30(8)(a), FLORIDA STATUTES (SUPP.1994), TO BE
0 red0 yellow3 green0 procedural
CopyCited 1 times | Published | District Court of Appeal of Florida | 1997 WL 537020
or mutual restraining order. Florida Statute section
741.30(1)(h) (1995) prohibits courts from issuing
0 red0 yellow0 green0 procedural
CopyCited 1 times | Published | District Court of Appeal of Florida | 1995 WL 539083
domestic violence injunction filed pursuant to section
741.30, Florida Statutes (Supp. 1994), which is a
0 red0 yellow0 green0 procedural
CopyCited 1 times | Published | Florida 1st District Court of Appeal
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2006 WL 3371559
by Cynthia Cassidy, his sister, pursuant to section
741.30, Florida Statutes (2005). We reverse because
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2008 WL 2116591
GREEN and RAMIREZ, JJ. PER CURIAM. Affirmed. See §
741.30, Fla. Stat. (2003); Elias v. Steele, 940 So.2d
CopyCited 1 times | District Court of Appeal of Florida
... the mother, filed a petition for injunction for protection against domestic violence pursuant to section
741.30, Florida Statutes (2023), on behalf of the minor child, alleging that the father had sexually abused the child and requesting that the trial court terminate the father's time-sharing ...
CopyCited 1 times | District Court of Appeal of Florida
... cause to believe that she was in imminent danger of becoming a victim of domestic violence. §
741.30(6)(a), Fla. Stat. (2024). Domestic violence is defined in section
741.28(2), Florida Statutes (2024): “‘Domestic violence’ means any assault, aggravated assault, battery, aggravated ...
CopyCited 1 times | Published | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 111, 2010 Fla. LEXIS 178
the context of domestic and repeat violence, section
741.30(1)(f) of the Florida Statutes (2009), states
CopyCited 1 times | District Court of Appeal of Florida
... are not presented in this case with a statutory cause of action for injunctive relief. See, e.g., §
741.30, Fla. Stat. 9 regarding whether to grant injunctive relief for abuse of discretion. See, e.g., Cramp v. Bd. of Pub. Instruction of Orange ...
CopyPublished | District Court of Appeal of Florida | 1997 WL 586422
violence injunction should be extended pursuant to section
741.30(6)(b), Florida Statutes (1995), in accordance
0 red0 yellow1 green0 procedural
CopyPublished | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 407, 2003 Fla. LEXIS 804, 2003 WL 21087985
Laws of Fla. The Legislature also amended section
741.30, Florida Statutes (2001), to require that all
0 red0 yellow1 green0 procedural
CopyPublished | District Court of Appeal of Florida
injunction against domestic violence under section
741.30, Florida Statutes (2018). Since all of these
0 red0 yellow1 green0 procedural
CopyPublished | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 384, 2003 Fla. LEXIS 669, 2003 WL 1988196
violence and repeat violence has been created by section
741.30, Florida Statutes (Supp.1994) (modified by
0 red0 yellow1 green0 procedural
CopyPublished | Supreme Court of Florida | 40 Fla. L. Weekly Supp. 163, 2015 Fla. LEXIS 583, 2015 WL 1343088
to law enforcement agencies, as provided in Section
741.30, Florida Statutes. I UNDERSTAND THAT BY FILING
0 red0 yellow1 green0 procedural
CopyPublished | Florida 1st District Court of Appeal
the child against Appellee as respondent. See §
741.30, Fla. Stat. A temporary injunction was entered
0 red0 yellow1 green0 procedural
CopyPublished | Supreme Court of Florida | 23 Fla. L. Weekly Supp. 367, 1998 Fla. LEXIS 1238, 1998 WL 334343
Protection Against Domestic Violence under section
741.30, Florida Statutes, and other papers filed in
0 red0 yellow1 green0 procedural
CopyPublished | District Court of Appeal of Florida | 1999 WL 391593
by the pertinent evidentiary requirements, see §
741.30(1)(i), Fla. Stat. (1997); Hixson v. Hixson, 698
0 red0 yellow1 green0 procedural
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 1738
PER CURIAM. Sabio appeals an order finding section
741.30, Florida Statutes (Supp. 1984) unconstitutional
0 red0 yellow1 green0 procedural
CopyPublished | Supreme Court of Florida | 24 Fla. L. Weekly Supp. 60, 1999 Fla. LEXIS 80, 1999 WL 42024
violence and repeat violence has been created by section
741.30, Florida Statutes (Supp.1994) (modified by
0 red0 yellow1 green0 procedural
CopyPublished | District Court of Appeal of Florida
against domestic violence entered against him under §
741.30, Florida Statutes (2016), based upon a petition
0 red0 yellow1 green0 procedural
CopyPublished | Florida 2nd District Court of Appeal
lacked personal jurisdiction over him. We agree. Section
741.30(6), Florida Statutes (2016), provides: (d)
0 red0 yellow1 green0 procedural
CopyPublished | District Court of Appeal of Florida
denial of Bork's motion. Section
741.30(6)(c), Florida Statutes (2010), authorizes
0 red0 yellow1 green0 procedural
CopyPublished | Florida 4th District Court of Appeal
danger of becoming a victim of domestic violence. §
741.30(6)(a), Fla. Stat. (2022). Here, the wife argues
CopyAgo (Fla. Att'y Gen. 1994).
Published | Florida Attorney General Reports
following question: Does the word "assist" in section
741.30(2)(c)1.,1 Florida Statutes, requiring the clerk
CopyPublished | District Court of Appeal of Florida
becoming the victim of any act of domestic violence.” §
741.30(1)(a), Fla. Stat. (2021); Randolph v. Rich, 58
CopyPublished | Florida 3rd District Court of Appeal
violence statute.” Id. at 38–40; see also §
741.30(9)(a), Fla. Stat. (2024) (“The court may enforce
CopyPublished | Florida 2nd District Court of Appeal | 2003 WL 22259814
entered in favor of Nute Carl Meeker, Jr., under section
741.30, Florida Statutes (2002). We affirm. Peterman
0 red0 yellow0 green0 procedural
CopyPublished | Supreme Court of Florida | 2002 WL 31190948
Protection Against Domestic Violence under section
741.30, Florida Statutes, and other papers filed in
CopyPublished | Supreme Court of Florida
her address be kept confidential pursuant to section
741.30, Florida Statutes, this information is exempt
CopyPublished | Supreme Court of Florida
her address be kept confidential pursuant to section
741.30, Florida Statutes, this information is exempt
CopyPublished | Florida 2nd District Court of Appeal | 2006 WL 3019972
violence was issued on July 14, 2004, pursuant to section
741.30, Florida Statutes (2004).[2] At the hearing
0 red0 yellow0 green0 procedural
CopyPublished | District Court of Appeal of Florida
protection against domestic violence pursuant to section
741.30. Indeed, the State’s entire theory of prosecution
CopyPublished | Supreme Court of Florida
against domestic violence pursuant to section
741.30, Florida Statutes. (D) Dating Violence
CopyPublished | District Court of Appeal of Florida
Sanchez on November 22, 2019, pursuant to section
741.30(5)(c). The ex parte injunction was set to
CopyPublished | Supreme Court of Florida | 11 Fla. L. Weekly 206, 1986 Fla. LEXIS 2172
protection against domestic violence pursuant to F.S.
741.30. (H) Domestic Relations — all matters involving
0 red0 yellow0 green0 procedural
CopyPublished | District Court of Appeal of Florida
617, 619 (Fla. 2d DCA 2013)). Pursuant to section
741.30(1)(a), Florida Statutes (2019), an injunction
CopyPublished | Supreme Court of Florida
against domestic violence pursuant to section
741.30, Florida Statutes. (D) Dating Violence
CopyPublished | Florida 5th District Court of Appeal
danger of becoming a victim of domestic violence. §
741.30(6)(a), Fla. Stat. (2024). Domestic violence is
CopyPublished | Supreme Court of Florida
against domestic violence pursuant to section
741.30, Florida Statutes. (D) Dating Violence
CopyPublished | Florida 1st District Court of Appeal
CopyPublished | Florida 1st District Court of Appeal
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 608, 1986 Fla. App. LEXIS 7468
415.503 and domestic violence as defined in section
741.30) are not susceptible to determination in judicial
CopyPublished | Florida 3rd District Court of Appeal
victim of domestic violence, as required by section
741.30, Florida Statutes. “It was the responsibility
CopyPublished | District Court of Appeal of Florida
member by another family or household member.” Section
741.30(1)(a), Florida Statutes (2019), creates a cause
CopyPublished | District Court of Appeal of Florida
protection against domestic violence originates in section
741.30, Florida Statutes (2020), which states:
CopyPublished | Florida 6th District Court of Appeal
As pleaded by Castillo in defense, however, section
741.30 authorizes the circuit court to award a petitioner
CopyPublished | District Court of Appeal of Florida
the full evidentiary hearing as required by section
741.30(6)(h), Florida Statutes (2023) (“All proceedings
CopyPublished | District Court of Appeal of Florida
of imminent danger from domestic violence. See §
741.30(6)(b), Fla. Stat. (2016); Bacchus v. Bacchus,
CopyPublished | Florida 2nd District Court of Appeal | 2011 WL 2496670
court deems proper, including an injunction. . . . §
741.30(6)(a), Fla. Stat. (2010) (emphasis added). Section
0 red0 yellow0 green0 procedural
CopyPublished | Supreme Court of Florida
Protection Against: Domestic Violence filed under section
741.30, Florida Statutes; Repeat, Dating, or Sexual
CopyPublished | Supreme Court of Florida
CopyPublished | Supreme Court of Florida
CopyPublished | Supreme Court of Florida
to law enforcement agencies, as provided in Section
741.30, Florida Statutes. I UNDERSTAND THAT BY
CopyAgo (Fla. Att'y Gen. 2009).
Published | Florida Attorney General Reports
violence injunction despite the language of section
741.30(2)(a), Florida Statutes, which prohibits the
CopyPublished | Supreme Court of Florida
to law enforcement agencies, as provided in Section
741.30, Florida Statutes. I UNDERSTAND
CopyPublished | District Court of Appeal of Florida
CopyPublished | Florida 1st District Court of Appeal
injunction itself, and dismiss the appeal. Section
741.30, Florida Statutes (2013), “authorizes extending
CopyPublished | Florida 1st District Court of Appeal | 2016 Fla. App. LEXIS 11493
fees and sanctions is the cited statute. Like section
741.30, Fla. Stat., the domestic violence injunction
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 1769, 1989 Fla. App. LEXIS 4205, 1989 WL 81747
160, Florida Rules of Civil Procedure, and section 741.-30, Florida Statutes (1987), should it be appropriate
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CopyPublished | Florida 3rd District Court of Appeal | 2006 WL 1999451
danger of becoming the victim of domestic violence. §
741.30(1)(a), Fla. Stat. (2005); §
741.28(2), Fla. Stat
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CopyPublished | Florida 6th District Court of Appeal
past relationship and its history of violence. §
741.30(6)(b)1., Fla. Stat. (2024); see Blanco v. Santana
CopyPublished | District Court of Appeal of Florida
victim of domestic violence, as required by section
741.30, Florida Statutes (2022).
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to law enforcement agencies, as provided in Section
741.30, Florida Statutes. I UNDERSTAND
CopyPublished | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 627, 2003 Fla. LEXIS 1163, 2003 WL 21543753
violence and repeat violence has been created by section
741.30, Florida Statutes (Supp.1994) (modified by
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CopyPublished | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 241
injunction at any time. Fla. Fam. L.R.P. 12.610(c)(6); §
741.30(10), Fla. Stat. (2014). When a motion is legally
CopyPublished | Florida 3rd District Court of Appeal
findings to grant an injunction pursuant to section
741.30(6)(a), Florida Statutes (2023), which provides:
CopyPublished | Florida 1st District Court of Appeal
proceedings to protect his Fifth Amendment right. See §
741.30(5)(c), Fla. Stat. (2016) (providing that a court
CopyPublished | District Court of Appeal of Florida
stalking. In the context of a similar statute, section
741.30, Florida Statutes (2019) (“creat[ing] a cause
CopyPublished | Supreme Court of Florida
her address be kept confidential pursuant to section
741.30, Florida Statutes, this information is exempt
CopyPublished | Supreme Court of Florida
her address be kept confidential pursuant to section
741.30, Florida Statutes, this information is exempt
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period until January 22, 2021, pursuant to section
741.30, Florida Statutes; and (2) the order denying
CopyPublished | Supreme Court of Florida
against domestic violence pursuant to section
741.30, Florida Statutes. (E) Dating Violence
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jurisdiction over him. We agree. Section
741.30(6), Florida Statutes (2016), provides:
CopyPublished | District Court of Appeal of Florida
CopyPublished | District Court of Appeal of Florida
from stalking against Mr. Santos pursuant to section
741.30, Florida Statutes. After 16 years of marriage
CopyPublished | District Court of Appeal of Florida
from stalking against Mr. Santos pursuant to section
741.30, Florida Statutes. After 16 years of marriage
CopyPublished | District Court of Appeal of Florida
the bill of sale price." Consistent with section
741.30(5)(a)4, Florida Statutes (2022), the final
CopyPublished | District Court of Appeal of Florida
brought against Appellee, Kenneth Carter, under section
741.30, Florida Statutes (2021). The trial court dismissed
CopyPublished | Supreme Court of Florida
enforcement agencies, as provided in section
741.30, Florida Statutes. I UNDERSTAND THAT BY FILING
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CopyPublished | District Court of Appeal of Florida
substantial evidence. Under section
741.30(1)(a), Florida Statutes (2016), an injunction
CopyPublished | Florida 1st District Court of Appeal
of becoming the victim of, domestic violence. §
741.30(1)(a), Fla. Stat. (2023). Stalking is a form of
CopyPublished | Florida 1st District Court of Appeal
of becoming the victim of, domestic violence. §
741.30(1)(a), Fla. Stat. (2023). Stalking is a form of
CopyPublished | District Court of Appeal of Florida
Magiori C. Boscan (“Ms. Boscan”), pursuant to section
741.30, Florida Statutes (2019), and (2) an order
CopyPublished | District Court of Appeal of Florida
not expressly include a change in custody), with §
741.30(6)(a), Fla. Stat. (2021) (enumerating the relief
CopyPublished | District Court of Appeal of Florida
becoming the victim of any act of domestic violence.” §
741.30(1)(a), Fla. Stat. “Domestic violence” is defined
CopyPublished | District Court of Appeal of Florida
court then issued a temporary injunction under section
741.30, Florida Statutes (2020), and scheduled a hearing
CopyPublished | Supreme Court of Florida
danger in accordance with recent amendments to section
741.30(3)(b), Florida Statutes (2023). See ch. 2023-112
CopyPublished | District Court of Appeal of Florida
temporary injunction, and even if he did, section
741.30(6)(a)4. of the domestic violence injunction
CopyPublished | Florida 3rd District Court of Appeal
domestic violence without minor children under section
741.30, Florida Statutes (2023). Because the injunction
CopyPublished | Florida 4th District Court of Appeal
injunction in this case was entered pursuant to section
741.30(1)(a), Florida Statutes (2022), which allows
CopyPublished | District Court of Appeal of Florida
of becoming a victim of domestic violence. See §
741.30(6)(a), (b), Fla. Stat. (2021); Leal v. Rodriguez
CopyPublished | District Court of Appeal of Florida
III. ANALYSIS Pursuant to §
741.30(6)(c), Florida Statutes (2022), “[t]he terms of
CopyPublished | District Court of Appeal of Florida
that the domestic violence injunction statute (section
741.30, Florida Statutes (2018)) and its standards
CopyPublished | District Court of Appeal of Florida
protection against domestic violence pursuant to section
741.30, Florida Statutes (2022). The domestic violence
