The 2023 Florida Statutes (including Special Session C)

Title XLV
TORTS

Chapter 768
NEGLIGENCE

View Entire Chapter

F.S. 768.35

768.35 Continuing domestic violence.—

(1) A victim of domestic violence, as defined in s. 741.28, who has suffered repeated physical or psychological injuries over an extended period of time, as a result of continuing domestic violence, has a cause of action against the perpetrator responsible for the violence.

(2) The action may be brought in any court of competent jurisdiction to recover compensatory and punitive damages against the perpetrator causing the continued domestic violence. No plaintiff however, may recover twice for the same incident which gives rise to the cause of action.

(3) Actions for recovery under this section must be commenced within 4 years. The time within which an action for recovery under this section must be begun runs from the time the last incident of domestic violence occurs.

(4) Notwithstanding any other provision of law, punitive damages awarded in any civil tort action involving domestic violence as defined in s. 741.28 shall not be governed by the provisions of s. 768.73. The state hereby waives its right to collect any punitive damages from any victim of domestic violence not collected as of the effective date of this act.

History.—s. 9, ch. 95-182; s. 37, ch. 95-184.

F.S. 768.35 on Google Scholar

F.S. 768.35 on Casetext

Amendments to 768.35

Arrestable Offenses / Crimes under Fla. Stat. 768.35

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 768.35.

Annotations, Discussions, Cases:

Cases from cite.case.law:

CODDINGTON, v. LANGLEY,, 202 F. Supp. 2d 687 (E.D. Mich. 2002)

. . . Laws § 768.35 (West 2001). To establish a factual basis in this case, the court had to find Mr. . . . Laws §-768.35 (West 2001) states: Whenever any person shall plead guilty to an information filed against . . .

HEGGS, v. STATE, 759 So. 2d 620 (Fla. 2000)

. . . Compare Ch. 95-182, §§ 8-10, at 1673-75 (amending section 741.31, creating section 768.35, and amending . . . Compare Ch. 95-182, §§ 8-10, at 1673-75 (amending section 741.31, creating section 768.35, and amending . . . Section 37 creates section 768.35, Florida Statutes, to provide a cause of action for victims of continued . . . Clearly located within the lengthy title is a reference to amending sections 741.31, 768.35, and 784.06 . . .

STATE v. THOMPSON,, 750 So. 2d 643 (Fla. 1999)

. . . In section 9 of the chapter law, the Legislature created section 768.35, Florida Statutes, to provide . . .

BERRY, Jr. v. MINTZES,, 529 F. Supp. 1067 (E.D. Mich. 1981)

. . . . § 768.35, governing acceptance of guilty pleas. 3) was denied the right to confront his accusers because . . . motion to vacate judgment of conviction in Recorder’s Court alleging failure to comply with M.C.L.A. § 768.35 . . . denied due process and his right to a jury trial because the trial judge failed to adhere to M.C.L.A. § 768.35 . . .

E. MULLREED, v. A. KROPP,, 425 F.2d 1095 (6th Cir. 1970)

. . . . § 768.35; General Court Rule No. 785.3 (2). . . .

EVANS, v. A. KROPP,, 254 F. Supp. 218 (E.D. Mich. 1966)

. . . . § 28.1058, Comp.Laws 1948, § 768.35; Mich. Gen.Ct.R. (1963) 785.3(2). . . .