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Florida Statute 741.30 | Lawyer Caselaw & Research
F.S. 741.30 Case Law from Google Scholar
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The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)
Title XLIII
DOMESTIC RELATIONS
Chapter 741
MARRIAGE; DOMESTIC VIOLENCE
View Entire Chapter
F.S. 741.30
741.30 Domestic violence; injunction; powers and duties of court and clerk; petition; notice and hearing; temporary injunction; issuance of injunction; statewide verification system; enforcement; public records exemption.—
(1) There is created a cause of action for an injunction for protection against domestic violence.
(a) Any person described in paragraph (e), who is either the victim of domestic violence as defined in s. 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, has standing in the circuit court to file a sworn petition for an injunction for protection against domestic violence.
(b) This cause of action for an injunction may be sought whether or not any other cause of action is currently pending between the parties. However, the pendency of any such cause of action shall be alleged in the petition.
(c) In the event a subsequent cause of action is filed under chapter 61, any orders entered therein shall take precedence over any inconsistent provisions of an injunction issued under this section which addresses matters governed by chapter 61.
(d) A person’s right to petition for an injunction shall not be affected by such person having left a residence or household to avoid domestic violence.
(e) This cause of action for an injunction may be sought by family or household members. No person shall be precluded from seeking injunctive relief pursuant to this chapter solely on the basis that such person is not a spouse.
(f) This cause of action for an injunction shall not require that either party be represented by an attorney.
(g) Any person, including an officer of the court, who offers evidence or recommendations relating to the cause of action must either present the evidence or recommendations in writing to the court with copies to each party and their attorney, or must present the evidence under oath at a hearing at which all parties are present.
(h) Nothing in this section shall affect the title to any real estate.
(i) The court is prohibited from issuing mutual orders of protection. This does not preclude the court from issuing separate injunctions for protection against domestic violence where each party has complied with the provisions of this section. Compliance with the provisions of this section cannot be waived.
(j) Notwithstanding any provision of chapter 47, a petition for an injunction for protection against domestic violence may be filed in the circuit where the petitioner currently or temporarily resides, where the respondent resides, or where the domestic violence occurred. There is no minimum requirement of residency to petition for an injunction for protection.
(2)(a) Notwithstanding any other law, the assessment of a filing fee for a petition for protection against domestic violence is prohibited. However, subject to legislative appropriation, the clerk of the circuit court may, on a quarterly basis, submit to the Office of the State Courts Administrator a certified request for reimbursement for petitions for protection against domestic violence issued by the court, at the rate of $40 per petition. The request for reimbursement must be submitted in the form and manner prescribed by the Office of the State Courts Administrator. From this reimbursement, the clerk shall pay any law enforcement agency serving the injunction the fee requested by the law enforcement agency; however, this fee may not exceed $20.
(b) No bond shall be required by the court for the entry of an injunction.
(c)1. The clerk of the court shall assist petitioners in seeking both injunctions for protection against domestic violence and enforcement for a violation thereof as specified in this section.
2. All clerks’ offices shall provide simplified petition forms for the injunction, any modifications, and the enforcement thereof, including instructions for completion.
3. The clerk of the court shall advise petitioners of the opportunity to apply for a certificate of indigence in lieu of prepayment for the cost of the filing fee, as provided in paragraph (a).
4. The clerk of the court shall ensure the petitioner’s privacy to the extent practical while completing the forms for injunctions for protection against domestic violence.
5. The clerk of the court shall provide petitioners with a minimum of two certified copies of the order of injunction, one of which is serviceable and will inform the petitioner of the process for service and enforcement.
6. Clerks of court and appropriate staff in each county shall receive training in the effective assistance of petitioners as provided or approved by the Florida Association of Court Clerks.
7. The clerk of the court in each county shall make available informational brochures on domestic violence when such brochures are provided by local certified domestic violence centers.
8. The clerk of the court in each county shall distribute a statewide uniform informational brochure to petitioners at the time of filing for an injunction for protection against domestic or repeat violence when such brochures become available. The brochure must include information about the effect of giving the court false information about domestic violence.
(3)(a) The sworn petition must allege the existence of such domestic violence and must include the specific facts and circumstances upon the basis of which relief is sought.
(b) The sworn petition shall be in substantially the following form:

PETITION FOR
INJUNCTION FOR PROTECTION
AGAINST DOMESTIC VIOLENCE

Before me, the undersigned authority, personally appeared Petitioner   (Name)  , who has been sworn and says that the following statements are true:

(a) Petitioner resides at:   (address)  

(Petitioner may furnish address to the court in a separate confidential filing if, for safety reasons, the petitioner requires the location of the current residence to be confidential.)

(b) Respondent resides at:   (last known address)  

(c) Respondent’s last known place of employment:   (name of business and address)  

(d) Physical description of respondent: 

Race  

Sex  

Date of birth  

Height  

Weight  

Eye color  

Hair color  

Distinguishing marks or scars  

(e) Aliases of respondent: 

(f) Respondent is the spouse or former spouse of the petitioner or is any other person related by blood or marriage to the petitioner or is any other person who is or was residing within a single dwelling unit with the petitioner, as if a family, or is a person with whom the petitioner has a child in common, regardless of whether the petitioner and respondent are or were married or residing together, as if a family.

(g) The following describes any other cause of action currently pending between the petitioner and respondent: 
 

The petitioner should also describe any previous or pending attempts by the petitioner to obtain an injunction for protection against domestic violence in this or any other circuit, and the results of that attempt: 
 

Case numbers should be included if available.

(h) Petitioner is either a victim of domestic violence or has reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence because respondent has:   (mark all sections that apply and describe in the spaces below the incidents of violence or threats of violence, specifying when and where they occurred, including, but not limited to, locations such as a home, school, place of employment, or visitation exchange)    

 committed or threatened to commit domestic violence defined in s. 741.28, Florida Statutes, as any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another. With the exception of persons who are parents of a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.

 previously threatened, harassed, stalked, or physically abused the petitioner.

 attempted to harm the petitioner or family members or individuals closely associated with the petitioner.

 threatened to conceal, kidnap, or harm the petitioner’s child or children.

 intentionally injured or killed a family pet.

 used, or has threatened to use, against the petitioner any weapons such as guns or knives.

 physically restrained the petitioner from leaving the home or calling law enforcement.

 a criminal history involving violence or the threat of violence (if known).

 another order of protection issued against him or her previously or from another jurisdiction (if known).

 destroyed personal property, including, but not limited to, telephones or other communication equipment, clothing, or other items belonging to the petitioner.

 engaged in any other behavior or conduct that leads the petitioner to have reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence.

(i) Petitioner alleges the following additional specific facts:   (mark appropriate sections)  

 A minor child or minor children reside with the petitioner whose names and ages are as follows: 
 

 Petitioner needs the exclusive use and possession of the dwelling that the parties share.

 Petitioner is unable to obtain safe alternative housing because: 
 

 Petitioner genuinely fears that respondent imminently will abuse, remove, or hide the minor child or children from petitioner because: 
 

(j) Petitioner genuinely fears imminent domestic violence by respondent.

(k) Petitioner seeks an injunction:   (mark appropriate section or sections)  

 Immediately restraining the respondent from committing any acts of domestic violence.

 Restraining the respondent from committing any acts of domestic violence.

 Awarding to the petitioner the temporary exclusive use and possession of the dwelling that the parties share or excluding the respondent from the residence of the petitioner.

 Providing a temporary parenting plan, including a temporary time-sharing schedule, with regard to the minor child or children of the parties which might involve prohibiting or limiting time-sharing or requiring that it be supervised by a third party.

 Establishing temporary support for the minor child or children or the petitioner.

 Directing the respondent to participate in a batterers’ intervention program.

 Providing any terms the court deems necessary for the protection of a victim of domestic violence, or any minor children of the victim, including any injunctions or directives to law enforcement agencies.

(c) Every petition for an injunction against domestic violence must contain, directly above the signature line, a statement in all capital letters and bold type not smaller than the surrounding text, as follows:

I HAVE READ EVERY STATEMENT MADE IN THIS PETITION AND EACH STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT THE STATEMENTS MADE IN THIS PETITION ARE BEING MADE UNDER PENALTY OF PERJURY, PUNISHABLE AS PROVIDED IN SECTION 837.02, FLORIDA STATUTES.

  (initials)  

(d) If the sworn petition seeks to determine a parenting plan and time-sharing schedule with regard to the minor child or children of the parties, the sworn petition must be accompanied by or must incorporate the allegations required by s. 61.522 of the Uniform Child Custody Jurisdiction and Enforcement Act.
(4) Upon the filing of the petition, the court shall set a hearing to be held at the earliest possible time. The respondent shall be personally served with a copy of the petition, financial affidavit, Uniform Child Custody Jurisdiction and Enforcement Act affidavit, if any, notice of hearing, and temporary injunction, if any, prior to the hearing.
(5)(a) If 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:
1. Restraining the respondent from committing any acts of domestic violence.
2. Awarding to the petitioner the temporary exclusive use and possession of the dwelling that the parties share or excluding the respondent from the residence of the petitioner.
3. On the same basis as provided in s. 61.13, providing the petitioner a temporary parenting plan, including a time-sharing schedule, which may award the petitioner up to 100 percent of the time-sharing. The temporary parenting plan remains in effect until the order expires or an order is entered by a court of competent jurisdiction in a pending or subsequent civil action or proceeding affecting the placement of, access to, parental time with, adoption of, or parental rights and responsibilities for the minor child.
4. Awarding to the petitioner the temporary exclusive care, possession, or control of an animal that is owned, possessed, harbored, kept, or held by the petitioner, the respondent, or a minor child residing in the residence or household of the petitioner or respondent. The court may order the respondent to temporarily have no contact with the animal and prohibit the respondent from taking, transferring, encumbering, concealing, harming, or otherwise disposing of the animal. This subparagraph does not apply to an animal owned primarily for a bona fide agricultural purpose, as defined under s. 193.461, or to a service animal, as defined under s. 413.08, if the respondent is the service animal’s handler.
(b) Except as provided in s. 90.204, 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. A denial of a petition for an ex parte injunction shall be by written order noting the legal grounds for denial. When the only ground for denial is no appearance of an immediate and present danger of domestic violence, the court shall set a full hearing on the petition for injunction with notice at the earliest possible time. 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.
(c) Any such ex parte temporary injunction shall be effective for a fixed period not to exceed 15 days. 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. 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.
(6)(a) Upon notice and hearing, when it appears to the court that the petitioner is either the victim of domestic violence as defined by s. 741.28 or has reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence, the court may grant such relief as the court deems proper, including an injunction:
1. Restraining the respondent from committing any acts of domestic violence.
2. Awarding to the petitioner the exclusive use and possession of the dwelling that the parties share or excluding the respondent from the residence of the petitioner.
3. On the same basis as provided in chapter 61, providing the petitioner with 100 percent of the time-sharing in a temporary parenting plan that remains in effect until the order expires or an order is entered by a court of competent jurisdiction in a pending or subsequent civil action or proceeding affecting the placement of, access to, parental time with, adoption of, or parental rights and responsibilities for the minor child.
4. On the same basis as provided in chapter 61, establishing temporary support for a minor child or children or the petitioner. An order of temporary support remains in effect until the order expires or an order is entered by a court of competent jurisdiction in a pending or subsequent civil action or proceeding affecting child support.
5. Ordering the respondent to participate in treatment, intervention, or counseling services to be paid for by the respondent. When the court orders the respondent to participate in a batterers’ intervention program, the court, or any entity designated by the court, must provide the respondent with a list of batterers’ intervention programs from which the respondent must choose a program in which to participate.
6. Referring a petitioner to a certified domestic violence center. The court must provide the petitioner with a list of certified domestic violence centers in the circuit which the petitioner may contact.
7. Awarding to the petitioner the exclusive care, possession, or control of an animal that is owned, possessed, harbored, kept, or held by the petitioner, the respondent, or a minor child residing in the residence or household of the petitioner or respondent. The court may order the respondent to have no contact with the animal and prohibit the respondent from taking, transferring, encumbering, concealing, harming, or otherwise disposing of the animal. This subparagraph does not apply to an animal owned primarily for a bona fide agricultural purpose, as defined under s. 193.461, or to a service animal, as defined under s. 413.08, if the respondent is the service animal’s handler.
8. Ordering such other relief as the court deems necessary for the protection of a victim of domestic violence, including injunctions or directives to law enforcement agencies, as provided in this section.
(b) 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 in the petition, including, but not limited to:
1. The history between the petitioner and the respondent, including threats, harassment, stalking, and physical abuse.
2. Whether the respondent has attempted to harm the petitioner or family members or individuals closely associated with the petitioner.
3. Whether the respondent has threatened to conceal, kidnap, or harm the petitioner’s child or children.
4. Whether the respondent has intentionally injured or killed a family pet.
5. Whether the respondent has used, or has threatened to use, against the petitioner any weapons such as guns or knives.
6. Whether the respondent has physically restrained the petitioner from leaving the home or calling law enforcement.
7. Whether the respondent has a criminal history involving violence or the threat of violence.
8. The existence of a verifiable order of protection issued previously or from another jurisdiction.
9. Whether the respondent has destroyed personal property, including, but not limited to, telephones or other communications equipment, clothing, or other items belonging to the petitioner.
10. Whether the respondent engaged in any other behavior or conduct that leads the petitioner to have reasonable cause to believe that he or she is in imminent danger of becoming a victim of domestic violence.

In making its determination under this paragraph, the court is not limited to those factors enumerated in subparagraphs 1.-10.

(c) The terms of an injunction restraining the respondent under subparagraph (a)1. or ordering other relief for the protection of the victim under subparagraph (a)8. shall remain in effect until modified or dissolved. Either party may move at any time to modify or dissolve the injunction. No specific allegations are required. Such relief may be granted in addition to other civil or criminal remedies.
(d) A temporary or final judgment on injunction for protection against domestic violence entered under this section shall, on its face, indicate that:
1. The injunction is valid and enforceable in all counties of the State of Florida.
2. Law enforcement officers may use their arrest powers under s. 901.15(6) to enforce the terms of the injunction.
3. The 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.
4. The date the respondent was served with the temporary or final order, if obtainable.
(e) An injunction for protection against domestic violence entered under this section, on its face, may order that the respondent attend a batterers’ intervention program as a condition of the injunction. Unless the court makes written factual findings in its judgment or order which are based on substantial evidence, stating why batterers’ intervention programs would be inappropriate, the court shall order the respondent to attend a batterers’ intervention program if:
1. It finds that the respondent willfully violated the ex parte injunction;
2. The respondent, in this state or any other state, has been convicted of, had adjudication withheld on, or pled nolo contendere to a crime involving violence or a threat of violence; or
3. The respondent, in this state or any other state, has had at any time a prior injunction for protection entered against the respondent after a hearing with notice.
(f) The fact that a separate order of protection is granted to each opposing party is not legally sufficient to deny any remedy to either party or to prove that the parties are equally at fault or equally endangered.
(g) A final judgment on injunction for protection against domestic violence entered under this section must, on its face, indicate that it is a violation of s. 790.233, and a first degree misdemeanor, for the respondent to have in his or her care, custody, possession, or control any firearm or ammunition.
(h) All proceedings under this subsection shall be recorded. Recording may be by electronic means as provided by the Rules of Judicial Administration.
(7) The court shall allow an advocate from a state attorney’s office, an advocate from a law enforcement agency, or an advocate from a certified domestic violence center who is registered under s. 39.905 to be present with the petitioner or respondent during any court proceedings or hearings related to the injunction for protection, provided the petitioner or respondent has made such a request and the advocate is able to be present.
(8)(a)1. Within 24 hours after the court issues an injunction for protection against domestic violence, the clerk of the court shall electronically transmit a copy of the petition, financial affidavit, Uniform Child Custody Jurisdiction and Enforcement Act affidavit, if any, notice of hearing, and temporary injunction, if any, to the sheriff or a law enforcement agency of the county where the respondent resides or can be found, who shall serve it upon the respondent as soon thereafter as possible on any day of the week and at any time of the day or night. An electronic copy of an injunction must be certified by the clerk of the court, and the electronic copy must be served in the same manner as a certified copy. Upon receiving an electronic copy of the injunction, the sheriff must verify receipt with the sender before attempting to serve it upon the respondent. In addition, if the sheriff is in possession of an injunction for protection that has been certified by the clerk of the court, the sheriff may electronically transmit a copy of that injunction to a law enforcement officer who shall serve it in the same manner as a certified copy. The clerk of the court is responsible for furnishing to the sheriff such information on the respondent’s physical description and location as is required by the department to comply with the verification procedures set forth in this section. Notwithstanding any other law to the contrary, the chief judge of each circuit, in consultation with the appropriate sheriff, may authorize a law enforcement agency within the jurisdiction to effect service. A law enforcement agency serving injunctions pursuant to this section must use service and verification procedures consistent with those of the sheriff.
2. When an injunction is issued, if the petitioner requests the assistance of a law enforcement agency, the court may order that an officer from the appropriate law enforcement agency accompany the petitioner and assist in placing the petitioner in possession of the dwelling or residence, or otherwise assist in the execution or service of the injunction. A law enforcement officer must accept a copy of an injunction for protection against domestic violence, certified by the clerk of the court, from the petitioner and immediately serve it upon a respondent who has been located but not yet served.
3. All orders issued, changed, continued, extended, or vacated subsequent to the original service of documents enumerated under subparagraph 1. must be certified by the clerk of the court and delivered to the parties at the time of the entry of the order. The parties may acknowledge receipt of such order in writing on the face of the original order. In the event a party fails or refuses to acknowledge the receipt of a certified copy of an order, the clerk shall note on the original order that service was effected. If delivery at the hearing is not possible, the clerk shall mail certified copies of the order to the parties at the last known address of each party. Service by mail is complete upon mailing. When an order is served pursuant to this subsection, the clerk shall prepare a written certification to be placed in the court file specifying the time, date, and method of service and shall notify the sheriff.

If the respondent has been served previously with the temporary injunction and has failed to appear at the initial hearing on the temporary injunction, any subsequent petition for injunction seeking an extension of time may be served on the respondent by the clerk of the court by certified mail in lieu of personal service by a law enforcement officer.

(b) A Domestic and Repeat Violence Injunction Statewide Verification System is created within the Department of Law Enforcement. The department shall establish, implement, and maintain a statewide communication system capable of electronically transmitting information to and between criminal justice agencies relating to domestic violence injunctions and repeat violence injunctions issued by the courts throughout the state. Such information must include, but is not limited to, information as to the existence and status of any injunction for verification purposes.
(c)1. Within 24 hours after the court issues an injunction for protection against domestic violence or changes, continues, extends, or vacates an injunction for protection against domestic violence, the clerk of the court must electronically transmit a certified copy of the injunction for service to the sheriff with jurisdiction over the residence of the petitioner. The injunction must be served in accordance with this subsection.
2. Within 24 hours after service of process of an injunction for protection against domestic violence upon a respondent, the law enforcement officer must electronically transmit the written proof of service of process to the sheriff with jurisdiction over the residence of the petitioner.
3. Within 24 hours after the sheriff receives a certified copy of the injunction for protection against domestic violence, the sheriff must make information relating to the injunction available to other law enforcement agencies by electronically transmitting such information to the department.
4. Within 24 hours after the sheriff or other law enforcement officer has made service upon the respondent and the sheriff has been so notified, the sheriff must make information relating to the service available to other law enforcement agencies by electronically transmitting such information to the department.
5. Subject to available funding, the Florida Association of Court Clerks and Comptrollers shall develop an automated process by which a petitioner may request notification of service of the injunction for protection against domestic violence and other court actions related to the injunction for protection. The automated notice must be made within 12 hours after the sheriff or other law enforcement officer serves the injunction upon the respondent. The notification must include, at a minimum, the date, time, and location where the injunction for protection against domestic violence was served. The Florida Association of Court Clerks and Comptrollers may apply for any available grants to fund the development of the automated process.
6. Within 24 hours after an injunction for protection against domestic violence is vacated, terminated, or otherwise rendered no longer effective by ruling of the court, the clerk of the court must notify the sheriff receiving original notification of the injunction as provided in subparagraph 2. That agency shall, within 24 hours after receiving such notification from the clerk of the court, notify the department of such action of the court.
(9)(a) The court may enforce a violation of an injunction for protection against domestic violence through a civil or criminal contempt proceeding, or the state attorney may prosecute it as a criminal violation under s. 741.31. The court may enforce the respondent’s compliance with the injunction through any appropriate civil and criminal remedies, including, but not limited to, a monetary assessment or a fine. The clerk of the court shall collect and receive such assessments or fines. On a monthly basis, the clerk shall transfer the moneys collected pursuant to this paragraph to the State Treasury for deposit in the Domestic Violence Trust Fund established in s. 741.01.
(b) If the respondent is arrested by a law enforcement officer under s. 901.15(6) or for a violation of s. 741.31, the respondent shall be held in custody until brought before the court as expeditiously as possible for the purpose of enforcing the injunction and for admittance to bail in accordance with chapter 903 and the applicable rules of criminal procedure, pending a hearing.
(10) The petitioner or the respondent may move the court to modify or dissolve an injunction at any time.
History.—s. 1, ch. 79-402; s. 481, ch. 81-259; s. 4, ch. 82-135; s. 10, ch. 84-343; s. 1, ch. 85-216; s. 1, ch. 86-264; s. 21, ch. 87-95; s. 1, ch. 87-395; s. 6, ch. 91-210; s. 3, ch. 91-306; s. 1, ch. 92-42; s. 5, ch. 94-134; s. 5, ch. 94-135; s. 5, ch. 95-195; s. 3, ch. 96-392; s. 56, ch. 96-418; s. 5, ch. 97-155; s. 2, ch. 98-284; s. 158, ch. 98-403; ss. 12, 13, ch. 2002-55; s. 6, ch. 2002-65; s. 113, ch. 2003-402; s. 9, ch. 2005-239; s. 35, ch. 2008-61; s. 8, ch. 2009-180; s. 7, ch. 2009-215; s. 1, ch. 2011-187; s. 10, ch. 2012-147; s. 1, ch. 2012-154; s. 4, ch. 2014-35; s. 4, ch. 2016-187; s. 1, ch. 2017-65; s. 3, ch. 2017-156; s. 8, ch. 2019-4; s. 29, ch. 2019-167; s. 1, ch. 2020-37; s. 6, ch. 2021-152; s. 1, ch. 2022-173.

F.S. 741.30 on Google Scholar

F.S. 741.30 on Casetext

Amendments to 741.30


Arrestable Offenses / Crimes under Fla. Stat. 741.30
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 741.30.

Annotations, Discussions, Cases:

10 Cases from Casetext:Date Descending

U.S. Supreme Court11th Cir. - Ct. App.11th Cir. - MD FL11th Cir. - ND FL11th Cir. - SD FLFed. Reg.Secondary Sources - All

  1. Blanco v. Santana

    No. 6D23-305 (Fla. Dist. Ct. App. May. 19, 2023)
    Section 741.30(6)(b)1., Florida Statutes (2022), provides:
    PAGE 2

  2. Vanegas v. State

    No. 3D23-0682 (Fla. Dist. Ct. App. Apr. 26, 2023)
    Given the procedural posture, the facts are undisputed. Petitioner is married to Juan Gayle, and the couple shares a three-year-old son. While she was on felony probation for one count of grand theft, Gayle filed an ex parte petition for injunction for protection against domestic violence pursuant to section 741.30, Florida Statutes (2022). The domestic violence court entered a temporary injunction the same day. Under the terms of the injunction, petitioner was prohibited from having any contact with Gayle or the minor child. Petitioner moved to modify the terms of the injunction, and the court granted petitioner supervised visitation through Family Court Services.
    PAGE 2

  3. Larios v. Larios

    No. 3D21-2127 (Fla. Dist. Ct. App. Apr. 5, 2023)
    Pursuant to § 741.30(6)(c), Florida Statutes (2022), "[t]he terms of an injunction . . . shall remain in effect until modified or dissolved. Either party may move at any time to modify or dissolve the injunction." "[B]ecause permanent injunctions are open-ended and everlasting, they must be subject to dissolution when the circumstances that justified such an injunction are no longer operative." Trice v. Trice, 267 So.3d 496, 499 (Fla. 2d DCA 2019).
    PAGE 6

  4. Fay v. Carter

    No. 5D22-1258 (Fla. Dist. Ct. App. Dec. 2, 2022)
    Jessica Fay appeals the final order dismissing her petition for injunction for protection against domestic violence that she brought against Appellee, Kenneth Carter, under section 741.30, Florida Statutes (2021). The trial court dismissed Fay's petition finding that there was a "lack of jurisdiction in Florida." We reverse.
    PAGE 2

  5. Dilver v. State

    No. 3D20-1823 (Fla. Dist. Ct. App. Nov. 16, 2022)
    Dilver contended (both in the trial court and here on appeal) that an injunction for protection against stalking under section 784.0485 is not the same as an injunction for repeat violence or dating violence under section 784.046, or an injunction for domestic violence under section 741.30. Indeed, the State has conceded this point, and has further and commendably conceded that the State did not (and could not) prove Dilver committed aggravated stalking as charged in Count One of the Information, because the State did not (and could not) establish that Dilver engaged in these acts after the issuance of an injunction against repeat violence or dating violence (pursuant to section 784.046) or domestic violence (pursuant to section 741.30), an essential element for aggravated stalking as charged in Count One of the Information.
    PAGE 8

  6. Cardon v. Halmaghi

    348 So. 3d 1241 (Fla. Dist. Ct. App. 2022)
    Section 784.046(2), Florida Statutes, creates "a cause of action for an injunction for protection in cases of repeat violence." A victim of "repeat violence" has standing to seek this type of injunction, meaning the petitioner must aver under oath that the respondent engaged in "two incidents of violence or stalking" directed toward him. Id. (1)(b), (2)(a). One of those incidents must have occurred "within 6 months of the filing of the petition." Id. (1)(b). Unlike for a cause of action for a domestic violence injunction or a dating violence injunction, the statute does not give a repeat-violence petitioner the alternative of showing "reasonable cause to believe he or she is in imminent danger of becoming the victim of another act" of violence in the place of establishing actual acts of "violence" against the petitioner, as that term is defined. Compare id. , with id. (2)(b); and § 741.30(1)(a), Fla. Stat. "The trial court must find that two incidents of violence occurred." Russell v. Doughty , 28 So. 3d 169, 170 (Fla. 1st DCA 2010).
    PAGE 1248

  7. Stevens v. Hudson

    345 So. 3d 977 (Fla. Dist. Ct. App. 2022)
    To obtain an injunction for protection against domestic violence, Appellee had to show that she was either a victim of domestic violence or had reasonable cause to believe that she was in "imminent danger" of becoming a victim of domestic violence. § 741.30(6)(a), Fla. Stat. (2021) ; Randolph v. Rich , 58 So. 3d 290, 292 (Fla. 1st DCA 2011). Section 741.28(2), Florida Statutes defines "domestic violence" as:

  8. Rosaly v. Konecny

    346 So. 3d 630 (Fla. Dist. Ct. App. 2022)
    It appears that the trial court was trying to shoehorn a custody determination into the generic provision authorizing courts in stalking cases to award "such other relief as the court deems necessary for the protection of a victim" of stalking, "including injunctions or directives to law enforcement agencies, as provided in this section." But that statutory language is contained in both sections 784.0485 and 741.30, so the provision in the stalking statute cannot be interpreted as encompassing a child custody determination, particularly where that provision does not reference Chapter 61 or the best interests of the children. If the legislature had intended section 784.0485 to allow for custody determinations, it could have said so, as it did in section 741.30.
    PAGE 635

  9. Green v. Bordiuk

    344 So. 3d 630 (Fla. Dist. Ct. App. 2022)
    Generally, after an injunction has been entered, "either party to the injunction may move to modify or dissolve the injunction at any time." See Hobbs v. Hobbs , 290 So. 3d 1092, 1094 (Fla. 1st DCA 2020) (citing § 741.30(6)(c), Fla. Stat. (2018) ). A party moving to dissolve the injunction "must 'show changed circumstances.’ " Id. (quoting Alkhoury v. Alkhoury , 54 So. 3d 641, 642 (Fla. 1st DCA 2011) ). To establish a change in circumstances, "the movant must 'demonstrate that the scenario underlying the injunction no longer exists so that continuation of the injunction would serve no valid purpose.’ " Id. (quoting Alkhoury , 54 So. 3d at 642 ). A trial court considers, when determining whether the injunction continues to serve a valid purpose, "whether the victim 'reasonably maintain[s] a continuing fear of becoming a victim of domestic violence.’ " Id. (alteration in original).

  10. Cadavid v. Saporta

    344 So. 3d 478 (Fla. Dist. Ct. App. 2022)
    (8) Attorney fees may not be awarded under this section in proceedings for an injunction for protection pursuant to s. 741.30, s. 784.046, or s. 784.0485, unless the court finds by clear and convincing evidence that the petitioner knowingly made a false statement or allegation in the petition or that the respondent knowingly made a false statement or allegation in an asserted defense, with regard to a material matter as defined in s. 837.011(3).
    PAGE 482

    Cases from cite.case.law:

    TAYLOR, v. PRICE,, 273 So. 3d 24 (Fla. App. Ct. 2019)

    . . . 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 . . .

    SUMNERS, v. THOMPSON,, 271 So. 3d 1232 (Fla. App. Ct. 2019)

    . . . of domestic violence is but one way to prove an injunction against domestic violence under section 741.30 . . .

    TRICE, v. TRICE,, 267 So. 3d 496 (Fla. App. Ct. 2019)

    . . . 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). . . .

    HUTSELL, v. HUTSELL,, 263 So. 3d 266 (Fla. App. Ct. 2019)

    . . . 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 . . .

    COUNSIL, v. ANDERSON,, 259 So. 3d 315 (Fla. App. Ct. 2018)

    . . . 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. . . .

    TATE, v. TATE,, 262 So. 3d 221 (Fla. App. Ct. 2018)

    . . . Under section 741.30(1)(a), Florida Statutes (2016), an injunction for protection against domestic violence . . .

    CALDWELL, v. CALDWELL o b o K. C., 257 So. 3d 1184 (Fla. App. Ct. 2018)

    . . . 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 . . .

    ROBINSON, v. ROBINSON,, 257 So. 3d 1187 (Fla. App. Ct. 2018)

    . . . To obtain an injunction for protection against domestic violence under section 741.30(6)(a), Florida . . .

    LOPEZ, v. REGALADO,, 257 So. 3d 550 (Fla. App. Ct. 2018)

    . . . 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 . . .

    CARROLL, v. GOLL,, 255 So. 3d 418 (Fla. App. Ct. 2018)

    . . . 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). . . .

    BORK, v. PARE,, 252 So. 3d 394 (Fla. App. Ct. 2018)

    . . . 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 . . .

    C. DOUGLAS, v. DOUGLAS,, 252 So. 3d 791 (Fla. App. Ct. 2018)

    . . . Section 741.30(6)(a), Florida Statutes (2016), provides for the issuance of an injunction "when it appears . . .

    SAGER, v. HOLGREN,, 250 So. 3d 793 (Fla. App. Ct. 2018)

    . . . 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 . . .

    IN RE AMENDMENTS TO FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS- A, 246 So. 3d 1131 (Fla. 2018)

    . . . the location of my residence unknown for safety reasons pursuant to section 119.071(2)(j)1, section 741.30 . . .

    IN RE AMENDMENTS TO FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS- B, 246 So. 3d 1161 (Fla. 2018)

    . . . 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 . . .

    ZARUDNY, v. ZARUDNY,, 241 So. 3d 258 (Fla. App. Ct. 2018)

    . . . 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 . . .

    YOUSSEF, v. ZAITOUNI, R. Y. A. Y. S. Y., 241 So. 3d 901 (Fla. App. Ct. 2018)

    . . . 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 . . .

    SPEEGLE, v. A. RHODEN,, 236 So. 3d 498 (Fla. App. Ct. 2018)

    . . . See § 741.30(5)(c), Fla. . . .

    NEWSOM, Jr. v. NEWSOM,, 221 So. 3d 1265 (Fla. Dist. Ct. App. 2017)

    . . . The trial court promptly entered a final permanent injunction pursuant' to section 741.30, Florida Statutes . . .

    FADDIS, v. LUDDY,, 221 So. 3d 758 (Fla. Dist. Ct. App. 2017)

    . . . . § 741.30(6)(a), Fla. Stat. (2016). . . .

    LEAL, v. RODRIGUEZ,, 220 So. 3d 543 (Fla. Dist. Ct. App. 2017)

    . . . .” § 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 . . .

    HORN, v. WOLFE, v., 219 So. 3d 971 (Fla. Dist. Ct. App. 2017)

    . . . hearings on petitions for injunctions for protection against domestic violence and stalking, , See § 741.30 . . .

    W. NOE, v. NOE,, 217 So. 3d 196 (Fla. Dist. Ct. App. 2017)

    . . . See §§ 741.28, 741.30, Fla. Stat. . . . .

    IN RE AMENDMENTS TO FLORIDA FAMILY LAW RULES OF PROCEDURE, 214 So. 3d 400 (Fla. 2017)

    . . . 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 . . .

    ZAPIOLA, v. KORDECKI,, 210 So. 3d 249 (Fla. Dist. Ct. App. 2017)

    . . . .” § 741.30(6)(a), Fla. Stat. (2015); accord Leaphart v. . . .

    K. MITCHELL, v. Y. MITCHELL,, 198 So. 3d 1096 (Fla. Dist. Ct. App. 2016)

    . . . Section 741.30(l)(a), Florida Statutes (2015), creates a cause of action for an injunction for protection . . . See 741.30(l)(a), Fla. . . .

    HALL, v. LOPEZ,, 213 So. 3d 1003 (Fla. Dist. Ct. App. 2016)

    . . . 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 . . .

    CHIZH, A. P. M. C. v. CHIZH,, 199 So. 3d 1050 (Fla. Dist. Ct. App. 2016)

    . . . specifying how the petition is insufficient or conduct a hearing on the petition as provided for in section 741.30 . . .

    WHYCE, v. PETITHOME,, 190 So. 3d 685 (Fla. Dist. Ct. App. 2016)

    . . . 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 . . .

    B. WILLS v. JONES,, 213 So. 3d 982 (Fla. Dist. Ct. App. 2016)

    . . . Jones sought an injunction against her parents to prevent domestic violence, section 741.30, Florida . . .

    VAUGHT, v. VAUGHT,, 189 So. 3d 332 (Fla. Dist. Ct. App. 2016)

    . . . 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 . . .

    A. BERRIEN, v. STATE, 189 So. 3d 285 (Fla. Dist. Ct. App. 2016)

    . . . . § 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 . . .

    LEAPHART, v. JAMES,, 185 So. 3d 683 (Fla. Dist. Ct. App. 2016)

    . . . 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 . . .

    FORSSELL, v. FORSSELL,, 188 So. 3d 880 (Fla. Dist. Ct. App. 2016)

    . . . L.R.P. 12.610(c)(6); § 741.30(10), Fla. Stat. (2014). . . .

    MANTELL, v. ROCKE,, 179 So. 3d 511 (Fla. Dist. Ct. App. 2015)

    . . . 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 . . .

    DE LEON, v. COLLAZO,, 178 So. 3d 906 (Fla. Dist. Ct. App. 2015)

    . . . To that end, section -741.30(3)(a), Florida Statutes (2012) provides: The sworn petition shall allege . . .

    PARISE, v. SELPH,, 175 So. 3d 389 (Fla. Dist. Ct. App. 2015)

    . . . to the trial court issuing a permanent injunction.” 68 So.3d 389, 390 (Fla. 1st DCA 2011) (citing § 741.30 . . .

    BUSH, v. HENNEY,, 175 So. 3d 930 (Fla. Dist. Ct. App. 2015)

    . . . .” § 741.30, Fla. Stat. (2014). . . .

    FLOYD, v. GRAY,, 174 So. 3d 1034 (Fla. Dist. Ct. App. 2015)

    . . . actually entered an injunction titled as one for protection against domestic violence under section 741.30 . . .

    MARTINEZ, v. IZQUIERDO,, 166 So. 3d 947 (Fla. Dist. Ct. App. 2015)

    . . . Gonzalez, 734 So.2d 577 (Fla. 3d DCA 1999); § 741.30(6)(a), Fla. Stat. (2013). . . .

    HAIR, v. HAIR,, 159 So. 3d 984 (Fla. Dist. Ct. App. 2015)

    . . . Section 741.30(l)(a), Florida Statutes (2012), provides that a family or household member may file a . . .

    BRISTOW, v. A. BRISTOW,, 159 So. 3d 961 (Fla. Dist. Ct. App. 2015)

    . . . 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 . . .

    In FLORIDA RULE OF JUDICIAL ADMINISTRATION, 156 So. 3d 499 (Fla. 2015)

    . . . . § 741.30(3)(b), Fla. Stat. . . .

    CARROZZA, v. STOWERS,, 153 So. 3d 340 (Fla. Dist. Ct. App. 2014)

    . . . 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 . . .

    PHILLIPS, v. PHILLIPS,, 151 So. 3d 58 (Fla. Dist. Ct. App. 2014)

    . . . .” § 741.30(1)(a), Fla. Stat. (2012); see Oettmeier v. . . .

    PHILLIPS, v. HUGHES,, 151 So. 3d 60 (Fla. Dist. Ct. App. 2014)

    . . . .” § 741.30(1)(a), Fla. Stat. (2012); see Oettmeier v. . . .

    SELPH, v. SELPH,, 144 So. 3d 676 (Fla. Dist. Ct. App. 2014)

    . . . Lopez, 922 So.2d 408, 410 (Fla. 4th DCA 2006) (quoting § 741.30(l)(a), Fla. Stat. (2005)). . . .

    PARRISH, v. PARRISH,, 161 So. 3d 501 (Fla. Dist. Ct. App. 2014)

    . . . 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 . . .

    BRANSON, v. RODRIGUEZ- LINARES,, 143 So. 3d 1070 (Fla. Dist. Ct. App. 2014)

    . . . 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 . . .

    PRYOR, v. PRYOR,, 141 So. 3d 1279 (Fla. Dist. Ct. App. 2014)

    . . . 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 . . .

    In AMENDMENTS TO FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS, 142 So. 3d 856 (Fla. 2014)

    . . . INJUNCTION A Petition for Injunction for Protection Against: Domestic Violence filed under section 741.30 . . .

    BAKER, v. PUCKET, a k a, 139 So. 3d 954 (Fla. Dist. Ct. App. 2014)

    . . . 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. . . .

    A. SANCHEZ, v. C. MARIN,, 138 So. 3d 1165 (Fla. Dist. Ct. App. 2014)

    . . . 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. . . .

    NETTLES III, v. HOYOS,, 138 So. 3d 593 (Fla. Dist. Ct. App. 2014)

    . . . 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 . . .

    S. KUNKEL, v. STANFORD, C. S. a, 137 So. 3d 608 (Fla. Dist. Ct. App. 2014)

    . . . .” § 741.30(l)(a), Fla. Stat. (2012). . . .

    A. JEFFRIES, v. L. JEFFRIES,, 133 So. 3d 1243 (Fla. Dist. Ct. App. 2014)

    . . . 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. . . .

    CANNON, v. THOMAS, JEWETT, a, 133 So. 3d 634 (Fla. Dist. Ct. App. 2014)

    . . . . §§ 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. . . .

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

    . . . 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 . . .

    In AMENDMENTS TO FLORIDA RULES OF JUDICIAL ADMINISTRATION. In, 132 So. 3d 1114 (Fla. 2014)

    . . . domestic violence injunction requests that his or her address be kept confidential pursuant to section 741.30 . . .

    C. DIETZ, v. M. DIETZ,, 127 So. 3d 1279 (Fla. Dist. Ct. App. 2013)

    . . . 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 . . .

    STONE, v. J. STONE,, 128 So. 3d 239 (Fla. Dist. Ct. App. 2013)

    . . . Section 741.30(l)(a), Florida Statutes (2012), confers standing to seek an injunction against domestic . . .

    In AMENDMENTS TO FLORIDA FAMILY LAW RULES OF PROCEDURE, 126 So. 3d 228 (Fla. 2013)

    . . . — all matters relating to injunctions for protection against domestic violence pursuant to section 741.30 . . .

    J. WEISBERG, v. H. ALBERT,, 123 So. 3d 663 (Fla. Dist. Ct. App. 2013)

    . . . Ambrefe, 993 So.2d 98, 98 (Fla. 2d DCA 2008) (quoting section 741.30(l)(a), Fla. Stat. (2007))). . . .

    ARNOLD, v. SANTANA,, 122 So. 3d 512 (Fla. Dist. Ct. App. 2013)

    . . . Rich, 58 So.3d 290, 291 (Fla. 1st DCA 2011) (quoting section 741.30(1)(a), Florida Statutes, and finding . . .

    TOUCHET, v. JONES,, 135 So. 3d 323 (Fla. Dist. Ct. App. 2013)

    . . . 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. . . .

    L. BRILHART, v. BRILHART, S. L. B. a, 116 So. 3d 617 (Fla. Dist. Ct. App. 2013)

    . . . .” § 741.30(6)(a), Fla. Stat. (2012). . . . See § 741.30(6)(a). Therefore, Mr. . . .

    In AMENDMENTS TO FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS, 113 So. 3d 781 (Fla. 2013)

    . . . 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 . . .

    RUDEL, v. E. RUDEL,, 111 So. 3d 285 (Fla. Dist. Ct. App. 2013)

    . . . See § 741.30, Fla. Stat. . . .

    CURTIS, v. CURTIS,, 113 So. 3d 993 (Fla. Dist. Ct. App. 2013)

    . . . 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). . . .

    S. FERNANDEZ, v. C. WRIGHT,, 111 So. 3d 229 (Fla. Dist. Ct. App. 2013)

    . . . 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 . . .

    In AMENDMENTS TO FLORIDA RULE OF JUDICIAL ADMINISTRATION, 124 So. 3d 819 (Fla. 2013)

    . . . . § 741.30(3)(b), Fla. Stat. . . . Stat. :-⅜⅛⅛-⅜-address in domestic ■ violence- notion on petitioner’s request. — §■ 741.30(3)(b), Fla. . . .

    BACCHUS, v. BACCHUS,, 108 So. 3d 712 (Fla. Dist. Ct. App. 2013)

    . . . .”§ 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. . . .

    GRIM, Jr. v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS,, 705 F.3d 1284 (11th Cir. 2013)

    . . . . §] 741.30 or [Fla. . . .

    REYES, v. REYES,, 104 So. 3d 1206 (Fla. Dist. Ct. App. 2012)

    . . . 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 . . .

    M. JOHNS, v. A. JOHNS,, 101 So. 3d 377 (Fla. Dist. Ct. App. 2012)

    . . . an injunction for protection against domestic violence without minor children, pursuant to section 741.30 . . .

    B. YOUNG, v. D. YOUNG,, 96 So. 3d 478 (Fla. Dist. Ct. App. 2012)

    . . . 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 . . .

    S. MORRIS, v. P. MASCIA,, 97 So. 3d 278 (Fla. Dist. Ct. App. 2012)

    . . . 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 . . .

    KORMONDY, v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS,, 688 F.3d 1244 (11th Cir. 2012)

    . . . . § ] 741.30 or [Fla. . . .

    D. LEE, v. J. LEE,, 93 So. 3d 516 (Fla. Dist. Ct. App. 2012)

    . . . 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 . . .

    ROMERHAUS, v. ROMERHAUS,, 93 So. 3d 455 (Fla. Dist. Ct. App. 2012)

    . . . To the extent that Romerhaus claims that the notification requirements of section 741.30(8)(c)(5), Florida . . .

    C. WILLIAMS, v. WILLIAMS,, 89 So. 3d 301 (Fla. Dist. Ct. App. 2012)

    . . . See § 741.30, Fla. . . .

    PRESTON, v. STATE, 134 So. 3d 992 (Fla. Dist. Ct. App. 2012)

    . . . violence pursuant to s. 784.046, or an injunction for protection against domestic violence pursuant to s. 741.30 . . .

    R. ACHURRA, v. ACHURRA,, 80 So. 3d 1080 (Fla. Dist. Ct. App. 2012)

    . . . . § 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. . . .

    G. C. v. R. S. K. C., 71 So. 3d 164 (Fla. Dist. Ct. App. 2011)

    . . . Section 741.30(l)(a), Florida Statutes (2010) permits family or household members to seek an injunction . . .

    NIEDERKORN, v. TRIVINO,, 68 So. 3d 991 (Fla. Dist. Ct. App. 2011)

    . . . violence is reversed, and the case is remanded for a full eviden-tiary hearing in accordance with section 741.30 . . .

    FURRY, v. RICKLES,, 68 So. 3d 389 (Fla. Dist. Ct. App. 2011)

    . . . 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 . . .

    L. C. v. A. M. C., 67 So. 3d 1181 (Fla. Dist. Ct. App. 2011)

    . . . "In the context of domestic and repeat violence, section 741.30(1)(f) of the Florida Statutes (2009), . . .

    S. C. v. A. D., 67 So. 3d 346 (Fla. Dist. Ct. App. 2011)

    . . . Section 741.30(l)(a), Florida Statutes (2009), provides that a family or household member may file a . . .

    In AMENDMENTS TO FLORIDA RULE OF JUDICIAL ADMINISTRATION, 68 So. 3d 228 (Fla. 2011)

    . . . . § 741.30(3)(b), Fla. . . .

    C. K. v. B. B. o b o T. S., 65 So. 3d 99 (Fla. Dist. Ct. App. 2011)

    . . . . § 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 . . .

    PARRISH, v. S. PRICE,, 71 So. 3d 132 (Fla. Dist. Ct. App. 2011)

    . . . 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 . . .

    MORIGGIA, v. S. MORIGGIA,, 62 So. 3d 1151 (Fla. Dist. Ct. App. 2011)

    . . . 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. . . .

    COX, v. DEACON,, 82 So. 3d 827 (Fla. Dist. Ct. App. 2011)

    . . . 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 . . .

    Y. ALKHOURY, v. J. ALKHOURY,, 54 So. 3d 641 (Fla. Dist. Ct. App. 2011)

    . . . Although section 741.30(10), Florida Statutes, provides that either party may move for modification or . . .

    RANDOLPH, v. RICH,, 58 So. 3d 290 (Fla. Dist. Ct. App. 2011)

    . . . .” § 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 . . .

    W. FLESHMAN, Sr. v. W. FLESHMAN, Jr., 50 So. 3d 797 (Fla. Dist. Ct. App. 2011)

    . . . Any “family or household members” may seek a domestic violence injunction as provided by section 741.30 . . .

    GILL, v. GILL,, 50 So. 3d 772 (Fla. Dist. Ct. App. 2010)

    . . . 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 . . .

    FUCCIO, v. DURSO,, 48 So. 3d 1011 (Fla. Dist. Ct. App. 2010)

    . . . subject matter, it appears from a review of the record that the injunction was entered under section 741.30 . . .

    FUCCIO, v. DURSO,, 48 So. 3d 1013 (Fla. Dist. Ct. App. 2010)

    . . . subject matter, it appears from a review of the record that the injunction was entered under section 741.30 . . .

    RODMAN, v. RODMAN,, 48 So. 3d 1022 (Fla. Dist. Ct. App. 2010)

    . . . establish, that the appellant and the appellee resided in the same household as required by section 741.30 . . .