Florida Statute 768.35 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLV
TORTS

Chapter 768
NEGLIGENCE

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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.

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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 Citing Statute 768.35

Total Results: 3

Heggs v. State

Court: Supreme Court of Florida | Date Filed: 2000-02-17

Citation: 759 So. 2d 620, 2000 WL 178052

Snippet: 1673-75 (amending section 741.31, creating section 768.35, and amending section 784.046, respectively), with

State v. Thompson

Court: Supreme Court of Florida | Date Filed: 1999-12-22

Citation: 750 So. 2d 643, 1999 WL 1244518

Snippet: the chapter law, the Legislature created section 768.35, Florida Statutes, to provide a cause of action

State v. MacIas

Court: District Court of Appeal of Florida | Date Filed: 1986-01-22

Citation: 481 So. 2d 979, 11 Fla. L. Weekly 243

Snippet: States v. Dionisio, 410 U.S. 1, 7, 93 S.Ct. 764, 768, 35 L.Ed.2d 67 (1973) (footnote omitted). Clark v.