The 2023 Florida Statutes (including Special Session C)
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. . . concluded that there was insufficient evidence presented to support an injunction pursuant to section 741.30 . . . Analysis Section 741.30(1)(a) provides that a family or household member may file a petition for protection . . .
. . . of domestic violence is but one way to prove an injunction against domestic violence under section 741.30 . . .
. . . Trice filed a petition for an injunction for protection against domestic violence pursuant to section 741.30 . . . Trice filed a motion to dissolve the injunction pursuant to section 741.30(6)(c), Florida Statutes (2015 . . . Section 741.30 allows a court to issue an injunction against domestic violence "when it appears to the . . . See § 741.30(6)(a), Fla. Stat. (2010). . . . See § 741.30(1)(a), Fla. Stat. (2015) ; S.C. v. A.D., 67 So.3d 346, 347-49 (Fla. 2d DCA 2011). . . .
. . . the final judgment of injunction for protection against domestic violence entered against him under § 741.30 . . . fear that he or she is in "imminent danger of becoming the victim of any act of domestic violence." § 741.30 . . .
. . . However, for the trial court's benefit in subsequent cases, we note that "[s]ection 741.30 'does not . . . Bacchus , 108 So.3d 712, 716 (Fla. 5th DCA 2013) ); see also § 741.30(5)(c), Fla. Stat. . . .
. . . Under section 741.30(1)(a), Florida Statutes (2016), an injunction for protection against domestic violence . . .
. . . Rather, Appellee petitioned for an injunction for protection against domestic violence under section 741.30 . . . Section 741.30 created a cause of action for an injunction for protection against "domestic violence, . . . Notably, section 741.30 does not contain the evidentiary requirements present in section 784.046(4)(a . . . Supreme Court approved family law forms that consistently referred to "domestic violence" and section 741.30 . . .
. . . To obtain an injunction for protection against domestic violence under section 741.30(6)(a), Florida . . .
. . . Section 741.30(4), Florida Statutes (2017), provides that in a cause of action regarding a domestic violence . . . Appeal concluded that the husband had shown good cause sufficient to warrant a continuance under section 741.30 . . . danger of becoming the victim of any act of domestic violence.' " Lopez, 922 So.2d at 410 (quoting § 741.30 . . .
. . . Goll is wrong, also, that section 741.30(6)(a)4. required that the child support be continued until the . . . Section 741.30(6)(a)4. provides that: (6)(a) Upon notice and hearing, when it appears to the court that . . . Id. § 741.30(5)(a). . . . Compare id. § 741.30(5)(a) 1.-3., with id. § 741.30(6)(a) 1.-7. . . . Id. § 741.30(6)(a) (emphasis added). . . .
. . . Section 741.30(6)(c), Florida Statutes (2010), authorizes either party to an injunction to file a motion . . . "[C]ourts applying section 741.30(6)(c) have indicated that a motion to modify or dissolve an injunction . . . Because a movant must show a change of circumstances to obtain relief on a motion filed under section 741.30 . . . See Carrozza, 153 So.3d at 340 (concluding that a motion filed under section 741.30(6)(c) was facially . . .
. . . Section 741.30(6)(a), Florida Statutes (2016), provides for the issuance of an injunction "when it appears . . .
. . . See § 741.30, Fla. Stat. . . . Section 741.30(1)(g), Florida Statutes, prohibits an award of attorney's fees "in any proceeding under . . . Appellant was governed by section 784.046, Florida Statutes, dealing with repeat violence and not section 741.30 . . . correctly notes that section 784.046 does not contain the same prohibition on attorney's fees as section 741.30 . . . The record plainly shows that the parties and the trial court proceeded under section 741.30, and the . . .
. . . the location of my residence unknown for safety reasons pursuant to section 119.071(2)(j)1, section 741.30 . . .
. . . obligation to record domestic violence and stalking proceedings pursuant, respectively, to sections 741.30 . . . INJUNCTION A Petition for Injunction for Protection Against: Domestic Violence filed under section 741.30 . . .
. . . Under section 741.30, Florida Statutes (2017), a trial court may grant an injunction when "the petitioner . . . reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence." § 741.30 . . . Randolph, 58 So.3d at 291 (quoting § 741.30(1)(a) ). . . . Pursuant to section 741.30(6)(b), when determining whether a petitioner has reasonable cause to believe . . . ; (v) and "[w]hether the respondent has destroyed personal property" belonging to the petitioner. § 741.30 . . .
. . . Section 741.30(6), Florida Statutes (2016), provides: (d) A temporary or final judgment on injunction . . . Section 741.30(6)(d)(3) explicitly requires that the trial court have personal jurisdiction over the . . .
. . . The trial court promptly entered a final permanent injunction pursuant' to section 741.30, Florida Statutes . . .
. . . . § 741.30(6)(a), Fla. Stat. (2016). . . .
. . . .” § 741.30(6)(a), Fla, Stat. (2016). . . . Id. § 741.30(6)(b)(1)-(10). . . . Considering the factors in section 741.30(6)(b), as the court must, Leal had turned violent against Diaz . . .
. . . hearings on petitions for injunctions for protection against domestic violence and stalking, , See § 741.30 . . .
. . . See §§ 741.28, 741.30, Fla. Stat. . . . .
. . . Section 741.30(5)(a), Florida Statutes (2016), addresses injunctions for domestic violence and provides . . . Minor Child(ren), both state: The statements made under oath by Petitioner make it appear that section 741.30 . . .
. . . .” § 741.30(6)(a), Fla. Stat. (2015); accord Leaphart v. . . .
. . . Section 741.30(l)(a), Florida Statutes (2015), creates a cause of action for an injunction for protection . . . See 741.30(l)(a), Fla. . . .
. . . Like section 741.30, Fla. Stat., the domestic violence injunction statute, section 784.046, Fla. . . . Chapter 741, Florida Statutes, governs marriage and domestic violence, and section 741.30, Florida Statutes . . . the statute creating a cause of action for an injunction for protection against domestic violence, § 741.30 . . . Baumgartner, 693 So.2d 84, 85 (Fla. 2d DCA 1997) (“The cause of action created in section 741.30 does . . . imposition of attorney’s fees in a proceeding for injunction against repeat violence under section 741.30 . . .
. . . specifying how the petition is insufficient or conduct a hearing on the petition as provided for in section 741.30 . . .
. . . protection against domestic violence, issued on October 29, 2015, pursuant to Florida Statute section 741.30 . . . Because the order on appeal does not comply with the requirements of section 741.30, Florida Statutes . . . The entry of an ex-parte temporary injunction pursuant to section 741.30, Florida Statutes, requires . . . See § 741.30(5)(c). . . . Nevertheless, section 741.30 “does not provide for the issuance of a series of temporary injunctions . . .
. . . Jones sought an injunction against her parents to prevent domestic violence, section 741.30, Florida . . .
. . . Section 741.30, • Florida Statutes (2014), provides a cause of action for a domestic violence injunction . . . in pertinent part that “[t]he respondent shall be personally served with a copy of the petition.” § 741.30 . . . and shall include the specific facts and circumstances upon the basis of which relief is sought.” § 741.30 . . . statute states that “[n]othing herein affects a petitioner’s right to promptly amend any petition.” § 741.30 . . . for good cause shown by any party, which shall include a continuance to obtain service of process.” § 741.30 . . .
. . . . § 741.30(1), Fla. . . . petitioner or the respondent may move to modify or dissolve a domestic violence injunction at any time. § 741.30 . . . motion to modify it, seeking to dissolve it based on changed facts, which she had the right to do. § 741.30 . . .
. . . S.L.B., 116 So.3d 617, 619 (Fla. 2d DCA 2013) (alterations in original) (quoting § 741.30(6)(a)). . . . Section 741.30(5)(c) authorized the court to grant a continuance for good cause and extend the temporary . . .
. . . L.R.P. 12.610(c)(6); § 741.30(10), Fla. Stat. (2014). . . .
. . . committing felony assault upon her, we would still be constrained to reverse the injunction, See § 741.30 . . . a petitioner does not have to wait for abuse to occur in order to seek an injunction under section 741.30 . . .
. . . To that end, section -741.30(3)(a), Florida Statutes (2012) provides: The sworn petition shall allege . . .
. . . to the trial court issuing a permanent injunction.” 68 So.3d 389, 390 (Fla. 1st DCA 2011) (citing § 741.30 . . .
. . . .” § 741.30, Fla. Stat. (2014). . . .
. . . actually entered an injunction titled as one for protection against domestic violence under section 741.30 . . .
. . . Gonzalez, 734 So.2d 577 (Fla. 3d DCA 1999); § 741.30(6)(a), Fla. Stat. (2013). . . .
. . . Section 741.30(l)(a), Florida Statutes (2012), provides that a family or household member may file a . . .
. . . Pursuant to section 741.30(l)(a), Florida Statutes (2014), any person who is either the victim of domestic . . . Appellant that the petition sufficiently alleged venue in Sumter County, Florida, pursuant to section 741.30 . . .
. . . . § 741.30(3)(b), Fla. Stat. . . .
. . . We express no opinion on the merits of [the] motion.” 816 So.2d at 1247; see § 741.30(6)(c), (10), Fla . . . In its order the trial court also expressed the following concern: F.S. 741.30(6)(c) generally authorizes . . . It is worth acknowledging the court’s concern about the wording of section 741.30(6)(c) which provides . . . As further noted in the same order, however, courts applying section 741.30(6)(c) have indicated that . . . Regardless, the issue of the constitutional validity of section 741.30(6)(c) is not before this court . . .
. . . .” § 741.30(1)(a), Fla. Stat. (2012); see Oettmeier v. . . .
. . . .” § 741.30(1)(a), Fla. Stat. (2012); see Oettmeier v. . . .
. . . Lopez, 922 So.2d 408, 410 (Fla. 4th DCA 2006) (quoting § 741.30(l)(a), Fla. Stat. (2005)). . . .
. . . Parrish of the procedural due process to which she is entitled under section 741.30, Florida Statutes . . . requirements for the issuance of a domestic violence injunction under the procedures set forth in section 741.30 . . . for temporary injunction and remand for reconsideration in accordance with the dictates of section 741.30 . . . Parrish is otherwise sufficient under section 741.30(3), cf. Polanco v. . . . to the level necessary to obtain relief under the statute), or whether a hearing pursuant to section 741.30 . . .
. . . especially cyberstalking, may not appear intuitively to be an act of violence, for purposes of section 741.30 . . . believe he or she is in imminent danger of becoming the victim of any act of domestic violence.” § 741.30 . . .
. . . Section 741.30, Florida Statutes (2013), “authorizes extending a temporary injunction during a continuance . . . shall be extended if necessary to remain in full force and effect during any period of continuance.’ § 741.30 . . . Dietz, 127 So.3d 1279, 1280 (Fla. 1st DCA 2013) (“Section 741.30 ‘does not provide for the issuance of . . .
. . . INJUNCTION A Petition for Injunction for Protection Against: Domestic Violence filed under section 741.30 . . .
. . . See § 741.30(6)(c), Fla. Stat. (2013); Fla. Fam. L. R. P. 12.610(c)(4)(B). . . . No specific allegations are required.” § 741.30(6)(c), Fla. Stat. (2013); see also Fla. Fam. L. R. . . .
. . . was “no appearance of an immediate and present danger of domestic violence as required pursuant to § 741.30 . . . Relevant for our purposes, section 741.30(3)(a) provides: The sworn petition shall allege the existence . . . (Emphasis added) Further, section 741.30(6)(b) provides: In determining whether a petitioner has reasonable . . . The husband appealed and the Fifth District held that section 741.30 does not contemplate the issuance . . . See § 741.30(5)(a), Fla. . . .
. . . Recently, we addressed an almost identical provision in the domestic violence injunction statute — section 741.30 . . . We reversed the lower court’s ruling, noting that section 741.30 “does not provide for the issuance of . . .
. . . .” § 741.30(l)(a), Fla. Stat. (2012). . . .
. . . Gonzalez, 734 So.2d 577 (Fla. 3d DCA 1999); § 741.30(6)(a), Fla. Stat. . . . See § 741.30(10), Fla. Stat.; Alkhoury v. Alkhoury, 54 So.3d 641 (Fla. 1st DCA 2011). AFFIRMED. . . .
. . . . §§ 741.30, 741.28, 784.046, Fla. . . . only requires that a petitioner has been a victim or has a reasonable fear of imminent violence. § 741.30 . . . See generally § 741.30, Fla. . . .
. . . Discussion Section 741.30, Florida Statutes, which governs issuance of domestic violence injunctions, . . . to, parental time with, adoption of, or parental rights and responsibilities for the minor child. § 741.30 . . . However, while section 741.30 authorizes a temporary parenting plan upon the issuance of a domestic violence . . . Therefore, having denied the injunction, Judge Gievers was not authorized under section 741.30 to establish . . . and possession of marital residence after denying husband’s petition for injunction, because section 741.30 . . .
. . . domestic violence injunction requests that his or her address be kept confidential pursuant to section 741.30 . . .
. . . entered against him and subsequently extended at the behest of his estranged wife, pursuant to section 741.30 . . . Section 741.30(1) authorizes injunctions for protection against domestic violence, and provides that . . . temporary injunction ex parte where an immediate and present danger of domestic violence exists. § 741.30 . . . shall be set for a date no later than the date when the temporary injunction ceases to be effective.” § 741.30 . . . shall be extended if necessary to remain in full force and effect during any period of continuance.” § 741.30 . . .
. . . Section 741.30(l)(a), Florida Statutes (2012), confers standing to seek an injunction against domestic . . .
. . . — all matters relating to injunctions for protection against domestic violence pursuant to section 741.30 . . .
. . . Ambrefe, 993 So.2d 98, 98 (Fla. 2d DCA 2008) (quoting section 741.30(l)(a), Fla. Stat. (2007))). . . .
. . . Rich, 58 So.3d 290, 291 (Fla. 1st DCA 2011) (quoting section 741.30(1)(a), Florida Statutes, and finding . . .
. . . Section 741.30(6)(a), Florida Statutes (2012), sets forth the relief that a trial court may grant upon . . . We acknowledge that section 741.30(6)(a)7., Florida Statutes (2012), allows the trial court to "order . . . In our view, however, the relief contemplated in section 741.30(6)(a)7. does not encompass ordering a . . . Section 741.30(6)(a)7. is intended to allow for relief other than the relief already provided for in . . . (6)(a)5. and 741.30(6)(a)6., section 741.30(6)(a)7. does not encompass such relief. . . .
. . . .” § 741.30(6)(a), Fla. Stat. (2012). . . . See § 741.30(6)(a). Therefore, Mr. . . .
. . . INJUNCTION A Petition for Injunction for Protection Against: Domestic Violence filed under section 741.30 . . . voluntarily dismiss this action. c. _ The evidence presented is insufficient under Florida law (sections 741.30 . . . present danger of domestic, repeat, dating, or sexual violence; or stalking, as required under section 741.30 . . .
. . . Section 741.30(1), Florida Statutes (2011), creates a cause of action for an injunction for protection . . . Section 741.30(4) states that, upon the filing of the petition, “the court shall set a hearing to be . . . For example, section 741.30(6)(a) authorizes a trial court to award the petitioner the exclusive use . . . See § 741.30, Fla. Stat. (2011). . . .
. . . The statute creating a cause of action for an injunction for protection against domestic violence, § 741.30 . . . Baumgartner, 693 So.2d 84, 85 (Fla. 2d DCA 1997) (noting that section 741.30(2)(c) “clearly contemplates . . . we reverse the award of fees for the injunction cases, we recognize that the power to amend section 741.30 . . .
. . . . § 741.30(3)(b), Fla. Stat. . . . Stat. :-⅜⅛⅛-⅜-address in domestic ■ violence- notion on petitioner’s request. — §■ 741.30(3)(b), Fla. . . .
. . . .”§ 741.30(6)(a), Fla. Stat. (2010). . . . See § 741.30(5)(c), Fla. Stat. . . . See § 741.30(6)(a), Fla. Stat.; Sheehan v. . . . Id. at 190; see also § 741.30(6)(b), Fla. . . . See § 741.30(6)(b), Fla. Stat. . . .
. . . . §] 741.30 or [Fla. . . .
. . . Section 741.30, Florida Statutes (2011), authorizes either party to a domestic violence injunction to . . . Rule 1.610(d) of the Florida Rules of Civil Procedure, like section 741.30, authorizes the modification . . .
. . . an injunction for protection against domestic violence without minor children, pursuant to section 741.30 . . .
. . . appeals the trial court’s issuance of a domestic violence injunction against her pursuant to section 741.30 . . . Section 741.30(6) authorizes the court to issue an injunction when a person shows that he or she has . . .
. . . In order to have standing to seek such an injunction, section 741.30(l)(e), Florida Statutes, requires . . . Thus, a party filing a petition under section 741.30 must prove “that the parties are residing, or have . . . present before a court may enter an injunction for protection against domestic violence under section 741.30 . . . Accordingly, Mascia did not establish that he had standing to seek an injunction under section 741.30 . . .
. . . . § ] 741.30 or [Fla. . . .
. . . Under section 741.30(1)(a), Florida Statutes (2010), any person “who is either a victim of domestic violence . . . Pope, 901 So.2d 352, 354 (Fla. 1st DCA 2005) (noting the due process requirements of section 741.30 and . . .
. . . To the extent that Romerhaus claims that the notification requirements of section 741.30(8)(c)(5), Florida . . .
. . . violence pursuant to s. 784.046, or an injunction for protection against domestic violence pursuant to s. 741.30 . . .
. . . . § 741.30(l)(a) & (3), Fla. Stat. (2010). . . . . § 741.30(5)(a), Fla. Stat. (2010). Mr. . . . Achurra, the petitioner, had the initial burden to prove entitlement to relief. § 741.30(l)(a), Fla. . . .
. . . Section 741.30(l)(a), Florida Statutes (2010) permits family or household members to seek an injunction . . .
. . . violence is reversed, and the case is remanded for a full eviden-tiary hearing in accordance with section 741.30 . . .
. . . trial court entered the injunction without conducting a full evidentiary hearing pursuant to section 741.30 . . . See § 741.30, Fla. . . . Lewis, 689 So.2d 1271, 1273 (Fla. 1st DCA 1997) (“Section 741.30[ ] anticipates a “full hearing” prior . . .
. . . "In the context of domestic and repeat violence, section 741.30(1)(f) of the Florida Statutes (2009), . . .
. . . Section 741.30(l)(a), Florida Statutes (2009), provides that a family or household member may file a . . .
. . . . § 741.30(3)(b), Fla. . . .
. . . . § 741.30(6)(a), Fla. Stat. (2010) (emphasis added). . . . Therefore, the question we must address is whether, under section 741.30(6)(a), the Mother’s behavior . . .
. . . injunctions were entered ex parte in late June 2010, pursuant to Florida’s domestic violence statute, section 741.30 . . . Parrish correctly notes that the language of section 741.30 does not specifically provide for a parent . . . Section 741.30 clearly contemplates that children are among those who may invoke the statute’s protection . . . Section 741.30(l)(e) provides that the statutory injunction “may be sought by family or household members . . . Section 741.30(5)(a) permits a court to issue such an injunction if “an immediate and present danger . . .
. . . Ambrefe, 993 So.2d 98, 98 (Fla. 2d DCA 2008) (quoting 741.30(l)(a), Fla. Stat. (2007)). . . . Maude, 743 So.2d 614, 616 (Fla. 1st DCA 1999)); see also 741.30(6)(b), Fla. Stat. (2008). Jones v. . . .
. . . Additionally, appellant argues that the permanent injunction entered pursuant to section 741.30, Florida . . . statute as amended provides for an injunction to “remain in effect until modified or dissolved.” § 741.30 . . .
. . . Although section 741.30(10), Florida Statutes, provides that either party may move for modification or . . .
. . . .” § 741.30(l)(a), Fla. Stat. (2010); see also Moore v. . . . a petitioner does not have to wait for abuse to occur in order to seek an injunction under section 741.30 . . .
. . . Any “family or household members” may seek a domestic violence injunction as provided by section 741.30 . . .
. . . Section 741.30(l)(a), Florida Statutes (2009), provides for the issuance of an injunction in favor of . . . Mauck, 743 So.2d 614, 616 (Fla. 1st DCA 1999)); see also § 741.30(6)(b). . . . See § 741.30(l)(i) (providing that “[t]he court is prohibited from issuing mutual orders of protection . . .
. . . subject matter, it appears from a review of the record that the injunction was entered under section 741.30 . . .
. . . subject matter, it appears from a review of the record that the injunction was entered under section 741.30 . . .
. . . establish, that the appellant and the appellee resided in the same household as required by section 741.30 . . .