CopyCited 8 times | Published | Florida 5th District Court of Appeal | 2002 WL 1990878
...argues the shirt ripping incident did not result in any injury to the mother and that there was no proof of other incidents in which the mother was bruised or injured physically. Thus, he contends, the Department failed to prove "domestic violence" within the meaning of chapter 39. Section 39.902(1) defines domestic violence as: As used in this part, the term: (1) "Domestic violence" means any assault, battery, sexual assault, sexual battery, or any criminal offense resulting in physical injury or death of one family or household member by another who is or was residing in the same single dwelling unit....
...We reject this limited definition of domestic violence, as did the trial judge. The words "resulting in physical injury or *452 death" modifies only "any criminal offense," and thus assault and battery without injury or death will suffice. Further, the introductory language of section 39.902 notes this definition is for use in part thirteen only, which deals with developing centers for victims of domestic violence....
CopyPublished | Florida 4th District Court of Appeal | 2001 Fla. App. LEXIS 6955, 2001 WL 527643
...a year prior to the hearing and was not witnessed by the child. See D.H. v. Dep't of Children & Families,
769 So.2d 424, 427 (Fla. 4th DCA 2000) (statutory definition of harm includes domestic violence committed in the presence of the child). Under section
39.902(1): "Domestic violence" means any assault, battery, sexual assault, sexual battery, or any criminal offense resulting in physical injury or death of one family or household member by another who is or was residing in the same single dwelling unit....
