The 2023 Florida Statutes (including Special Session C)
|
||||||
|
. . . Yes No § 741.28, Fla. Stat. . . .
. . . against domestic violence if that person is "either the victim of domestic violence as defined in s. 741.28 . . . Section 741.28(2), Florida Statutes (2018), defines domestic violence as "any assault, aggravated assault . . .
. . . The definition of domestic violence includes "stalking," § 741.28(2), Fla. . . .
. . . See § 741.28(2), Fla. Stat. (2017). . . .
. . . 2017), a petitioner must either be the victim of domestic violence as that term is defined in section 741.28 . . . Section 741.28(2), Florida Statutes (2017), defines "domestic violence" as: [A]ny assault, aggravated . . . As previously indicated, stalking can constitute an act of domestic violence under section 741.28(2). . . .
. . . Committed or threatened to commit domestic violence defined in 741.28, Florida Statutes, as any assault . . . petitioner establishes that "he or she is either a 'victim of domestic violence as defined in section 741.28 . . . Section 741.28(2) specifically defines domestic violence as "any assault, aggravated assault, battery . . .
. . . (22) [No Changes] (23) If the primary offense is a crime of domestic violence as defined in section 741.28 . . . the presence of a child under 16 years of age who is a family household member as defined in section 741.28 . . .
. . . appears to the court that the petitioner is either the victim of domestic violence as defined by s. 741.28 . . . physical injury or death of one family or household member by another family or household member." § 741.28 . . .
. . . (j) A history of substance abuse or domestic violence as defined in s. 741.28 or which meets the criteria . . .
. . . Under section 741.28(2), Florida Statutes (2017), "[d]omestic violence" is defined as "any assault, aggravated . . . physical injury or death of one family or household member by another family or household member." § 741.28 . . .
. . . health, safety, welfare, or interest of a party or a family or household member as defined in section 741.28 . . . health, safety, welfare, or interest of a party, or a family or household member as defined in section 741.28 . . .
. . . Act of domestic violence as defined in s. 741.28; 19. Home invasion robbery; M3 20. . . .
. . . imposed for a violation of ... s. 794.011, or for any offense of domestic violence described in s. 741.28 . . .
. . . record supported Appellee’s reasonable fear of continuing domestic violence, as defined in section 741.28 . . . See §§ 741.28, 741.30, Fla. Stat. . . . . hearing, it is possible that someone incarcerated could commit domestic violence as defined by section 741.28 . . .
. . . . § 741.28, Fla. Stat. . . .
. . . to the court that [a] petitioner is either the victim of domestic violence as defined by [section] 741.28 . . . violence where she did not establish that she qualified as a family or household member under section 741.28 . . . presently residing together as if a family or who have resided together in the past as if a family.” § 741.28 . . . (3); see also § 741.28(2) (defining domestic violence as "any assault, aggravated assault, battery, aggravated . . .
. . . (j) A history of substance abuse or domestic violence as defined in s. 741.28 or which meets the criteria . . .
. . . See § 741.28(2), Fla. Stat. (2016); § 39.01(3), Fla. Stat. (2016). . . . .
. . . The definition of "domestic violence" includes "stalking,” section 741.28, Florida Statutes, which is . . .
. . . While this incident constitutes domestic violence under the statute, § 741.28(2), it is not enough to . . .
. . . See § 741.28, Fla. Stat. . . .
. . . against domestic violence if that person is “either the victim of domestic violence as defined in s. 741.28 . . . physical injury or death of one family or household member by another family or household member.” § 741.28 . . .
. . . 784.082, s. 784.083, s. 784.085, s. 794.011, or for any offense of domestic violence described in s. 741.28 . . .
. . . Section 741.28(2), Florida Statutes (2014), defines domestic violence to mean "any assault, aggravated . . .
. . . petitioner establishes that he or she is “either a ‘victim of domestic violence as defined in section 741.28 . . . Section 741.28 defines domestic violence as “any assault, aggravated assault, battery, aggravated battery . . . physical injury or death of one family or household member by another family or household member.” § 741.28 . . . See § 741.28(2), Fla. Stat. (2013) (defining “domestic violence”). . . . hearing was not legally sufficient to support a finding of domestic violence as defined in section 741.28 . . .
. . . may be entered in favor of a person who is “either the victim of domestic violence as defined in s. 741.28 . . . Section 741.28(2) states: “Domestic violence” means any assault, aggravated assault, battery, aggravated . . . physical injury or death of one family or household member by another family or household member. § 741.28 . . . Chapter 741 does not provide a definition for the criminal offenses listed in section 741.28(2). . . . sufficiently established and if it is between “family or household member[s]” as defined in section 741.28 . . .
. . . . § 741.28. . . .
. . . provided in s. 903.047, when the original arrest was for an act of domestic violence as defined in s. 741.28 . . .
. . . There is no dispute that Marin and Sanchez are "family members” as defined in section 741.28, Florida . . .
. . . may be entered in favor of a person who is “either the victim of domestic violence as defined in s. 741.28 . . .
. . . (j) A history of substance abuse or domestic violence as defined in s. 741.28 or which meets the criteria . . .
. . . Appellee’s testimony describes an incident of domestic violence, as defined in section 741.28, Florida . . .
. . . For example, number 18 on the list is an “[a]ct of domestic violence as defined in s. 741.28.” . . . . § 741.28(2), Fla. Stat. (2012). . . . Act of domestic violence as defined in s. 741.28; 19. Home invasion robbery; 20. . . .
. . . appears to the court that the petitioner is either the victim of domestic violence as defined by s. 741.28 . . .
. . . Statutes §§ 784.03 and 741.28. There was no objection to this testimony. . . .
. . . .” § 741.28(2), Fla. Stat. (2012). . . .
. . . .” § 741.28(2), Fla. Stat. (2012). . . .
. . . . §§ 784.03, 741.28, Fla. Stat. (2011). . § 784.03, Fla. Stat. (2011). . . .
. . . support finding of objectively reasonable fear of imminent danger due to domestic violence); see also § 741.28 . . . Statutes, the court determines that wife is either the victim of domestic violence as defined in section 741.28 . . .
. . . provided in s. 903.047, when the original arrest was for an act of domestic violence as defined in s. 741.28 . . .
. . . See §§ 741.28(2), 784.048(2), (l)(a), (l)(d), Fla. . . .
. . . she has been or is in imminent danger of being a victim of domestic violence as defined in section 741.28 . . . “Domestic violence” under section 741.28(2), Florida Statutes (2011), includes the offense of “stalking . . .
. . . Section 741.28(3), Florida Statutes defines a “family or household member” as follows: “Family or household . . . Durso, 48 So.3d 1013, 1014 (Fla. 5th DCA 2010) (citing section 741.28, Fla. Stat.). . . .
. . . has been arrested for committing against the deceased an act of domestic violence as defined in s. 741.28 . . .
. . . See §§ 741.28(2), (3); 741.3000(a), (e) Fla. Stat. (2011). . . .
. . . supported the granting of an injunction against domestic violence either as that term is defined in section 741.28 . . . Section 741.28, Florida Statutes (2010), defines the relevant terms in the following manner: (2) "Domestic . . .
. . . (j) A history of substance abuse or domestic violence as defined in s. 741.28 or which meets the criteria . . .
. . . against domestic violence if that person “is either the victim of domestic violence as defined in s. 741.28 . . . Section 741.28(2) defines “Domestic violence” as meaning “any assault, aggravated assault, battery, aggravated . . .
. . . becoming such a victim because Wife “committed or threatened to commit domestic violence defined in s. 741.28 . . .
. . . (j) A history of substance abuse or domestic violence as defined in s. 741.28 or which meets the criteria . . .
. . . domestic violence if that person “is either the victim of domestic violence as defined in [section] 741.28 . . . Section 741.28(2) defines domestic violence as “any assault, aggravated assault, battery, aggravated . . . See §§ 741.28(3), .30(l)(e). . . . .
. . . (j) A history of substance abuse or domestic violence as defined in s. 741.28 or which meets the criteria . . .
. . . appears to the court that the petitioner is either the victim of domestic violence as defined by s. 741.28 . . . Section 741.28 defines “domestic violence” as “any assault, aggravated assault, battery, aggravated battery . . .
. . . .” § 741.28(2), Fla. Stat. (2009). . . .
. . . This includes domestic violence as defined in Section 741.28, Florida Statutes. . . .
. . . See §§ 741.28(3), .30, Fla. Stat. (2009). . . . Section 741.28(3) clearly states: “Family or household member” means spouses, former spouses, persons . . .
. . . for the issuance of an injunction in favor of any family or household member, as defined in section 741.28 . . . Section 741.28(2) defines “domestic violence” as “any assault, aggravated assault, battery, aggravated . . .
. . . In order to obtain such an injunction, the controlling statute, section 741.28 of the Florida Statutes . . .
. . . In order to obtain such an injunction, the controlling statute, section 741.28 of the Florida Statutes . . .
. . . also cannot qualify as stalking for purposes of section 784.048, or domestic violence under section 741.28 . . .
. . . appears to the court that the petitioner is either the victim of domestic violence as defined by s. 741.28 . . . Domestic violence is defined in section 741.28(2), Florida Statutes (2008), as certain violent or harmful . . .
. . . (j) A history of substance abuse or domestic violence as defined in s. 741.28 or which meets the criteria . . .
. . . . § 60-741.28(a) (1984)). . . .
. . . 3.704(d) (28) (2006), [i]f the primary offense is a crime of domestic violence as defined in section 741.28 . . . the presence of a child under 16 years of age who is a family household member as defined in section 741.28 . . . physical injury or death of one family or household member by another family or household member.” § 741.28 . . . includes “persons who are parents of a child in common regardless of whether they have been married.” § 741.28 . . .
. . . findings: (2) A child who is charged with committing an offense of domestic violence as defined in s. 741.28 . . .
. . . . § 741.28(2). . . . Stat. § 741.28(2). . . .
. . . . § 60-741.28(a) (1984)). . . .
. . . (j) A history of substance abuse or domestic violence as defined in s. 741.28 or which meets the criteria . . .
. . . sought by a family or household member “who is either the victim of domestic violence as defined in s. 741.28 . . . he or she is in imminent danger of becoming the victim of any act of domestic violence.... ” Section 741.28 . . .
. . . provided in s. 903.047, when the original arrest was for an act of domestic violence as defined in s. 741.28 . . . provided in s. 903.047, when the original arrest was for an act of domestic violence as defined in s. 741.28 . . .
. . . Stat. (2002) (defining “law enforcement officer”); § 741.28(4), Fla. . . .
. . . material part: (2) A child who is charged with committing an offense of domestic violence as defined in s. 741.28 . . .
. . . (j) A history of substance abuse or domestic violence as defined in s. 741.28 or which meets the criteria . . .
. . . . § 741.28(3). . . . Stat. § 741.28(3). Under the limitations of Taylor v. . . . Stat. § 741.28(3). . . .
. . . Section 741.28(2) defines domestic violence as “assault, aggravated assault, battery, aggravated battery . . .
. . . specifically stated: A child who is charged with committing an offense of domestic violence as defined in s. 741.28 . . .
. . . has been arrested for committing against the deceased an act of domestic violence as defined in s. 741.28 . . .
. . . See §§ 741.30(l)(a), (e), (6); 741.28(2), (3). Reversed. DAVIS and KELLY, JJ„ Concur. . . .
. . . Moreover, section 741.28(3), Florida Statutes (2002), provides that “ ‘Family or household member’ means . . . in physical injury ... of one family or household member by another family or household member.” § 741.28 . . .
. . . .” § 741.28(2). . . . allowing the petitioner the opportunity to present evidence that facts met the requirements of section 741.28 . . . to Hibbard and he has in the past resided together with Hibbard in the same single dwelling unit. § 741.28 . . .
. . . .” § 741.28(2), Fla. Stat. (2005). . . . must be currently residing or have in the past resided together in the same single dwelling unit.” § 741.28 . . .
. . . See § 741.28(2), Fla. . . .
. . . Stat. (2005); § 741.28(2), Fla. . . . 4th DCA 1998) (holding that son striking his mother was an act of “domestic violence” under section 741.28 . . .
. . . petitioner must establish that he or she is either a “victim of domestic violence as defined in section 741.28 . . .
. . . Section 741.28(3), Florida Statutes (2005), defines “family or household members” to include a number . . . As noted previously, Section 741.28(3) includes within the definition of “family or household members . . .
. . . 784.082, s. 784.083, s. 784.085, s. 794.011, or for any offense of domestic violence described in s. 741.28 . . .
. . . .- ... an act of domestie-violenee--as-de-fined in F.S. 741.28(1), and the following conditions exist . . .
. . . . § 741.28(1), Fla. Stat. (2000). . . .
. . . been convicted of a felony of the third degree or higher involving domestic violence, as defined in s. 741.28 . . .
. . . We affirm appellant’s conviction for domestic battery in violation of section 741.28(2), Florida Statutes . . .
. . . Among these is an “[a]ct of domestic violence as defined in s. 741.28 ....”§ 907.041(4)(a)18., Fla. . . . Turning to Section 741.28, Florida Statutes, “Domestic violence means ... battery, ... false imprisonment . . . , ... of one family or household member by another family or household member.” § 741.28(2), Fla. . . .
. . . provided in s. 903.047, when the original arrest was for an act of domestic violence as defined in s. 741.28 . . .
. . . ny person described in paragraph (e), who is either the victim of domestic violence as defined in s. 741.28 . . . 741.30(l)(e) provides that the injunction may be sought by family or household members, and section 741.28 . . .
. . . 39.0015(3) and refers to the acts of child abuse against a minor by a family member as defined in s. 741.28 . . . s. 39.01 and refers to the acts of sexual abuse against a minor by a family member as defined in s. 741.28 . . .