Florida Statute 741.28 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XLIII
DOMESTIC RELATIONS

Chapter 741
MARRIAGE; DOMESTIC VIOLENCE

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F.S. 741.28

741.28 Domestic violence; definitions.—As used in ss. 741.28-741.31:

(1) “Department” means the Florida Department of Law Enforcement.

(2) “Domestic violence” means 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 family or household member.

(3) “Family or household member” means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have 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.

(4) “Law enforcement officer” means any person who is elected, appointed, or employed by any municipality or the state or any political subdivision thereof who meets the minimum qualifications established in s. 943.13 and is certified as a law enforcement officer under s. 943.1395.

History.—s. 1, ch. 94-134; s. 1, ch. 94-135; s. 1, ch. 95-195; s. 4, ch. 97-155; s. 9, ch. 2002-55.

F.S. 741.28 on Google Scholar

F.S. 741.28 on CourtListener

Amendments to 741.28

Annotations, Discussions, Cases:

Cases Citing Statute 741.28

Total Results: 119

State v. Thompson

750 So. 2d 643, 1999 WL 1244518

Supreme Court of Florida | Filed: Dec 22, 1999 | Docket: 1736595

Cited 67 times | Published

contained within these sections constitute crimes. See § 741.28(1), Fla. Stat. Thus, as in *650 Burch v. State

Jackson v. Echols

937 So. 2d 1247, 2006 WL 2741625

District Court of Appeal of Florida | Filed: Sep 27, 2006 | Docket: 459674

Cited 22 times | Published

member by another family or household member." § 741.28(2), Fla. Stat. (2005). In addition, "family or

Giallanza v. Giallanza

787 So. 2d 162, 2001 WL 484439

District Court of Appeal of Florida | Filed: May 9, 2001 | Docket: 1744975

Cited 21 times | Published

was residing in the same single dwelling unit." § 741.28(1), Fla. Stat. (1995). Section 741.30(1)(a), Florida

Tobkin v. State

777 So. 2d 1160, 2001 WL 121127

District Court of Appeal of Florida | Filed: Feb 14, 2001 | Docket: 1513913

Cited 17 times | Published

pro-prosecution policies for acts of domestic violence. § 741 .28. Clearly, then, the law would favor continued

Bacchus v. Bacchus

108 So. 3d 712, 2013 WL 756350, 2013 Fla. App. LEXIS 3302

District Court of Appeal of Florida | Filed: Mar 1, 2013 | Docket: 60229209

Cited 16 times | Published

imminent danger due to domestic violence); see also § 741.28, Fla. Stat. (defining “domestic violence” to mean

In Re Family Law Rules of Procedure

663 So. 2d 1049, 20 Fla. L. Weekly Supp. 581, 1995 Fla. LEXIS 1953, 1995 WL 689537

Supreme Court of Florida | Filed: Nov 22, 1995 | Docket: 1313670

Cited 15 times | Published

committed an act of domestic violence as defined in section 741.28, Florida Statutes, and the officer reasonably

Doty v. State

884 So. 2d 547, 2004 WL 2451643

District Court of Appeal of Florida | Filed: Nov 3, 2004 | Docket: 1683026

Cited 14 times | Published

, which includes the commission of a battery. § 741.28(1), Fla. Stat. (2000). Therefore, all of the statutory

Stone v. Stone

128 So. 3d 239, 2013 WL 6479084, 2013 Fla. App. LEXIS 19640

District Court of Appeal of Florida | Filed: Dec 11, 2013 | Docket: 60237038

Cited 9 times | Published

member by another family or household member.” § 741.28(2), Fla. Stat. (2012). The May 2012 incident was

Gill v. Gill

50 So. 3d 772, 2010 Fla. App. LEXIS 19849, 2010 WL 5351127

District Court of Appeal of Florida | Filed: Dec 29, 2010 | Docket: 60297350

Cited 9 times | Published

any family or household member, as defined in section 741.28(3), who is a victim of domestic violence or

Trapp v. State

736 So. 2d 736, 1999 WL 394279

District Court of Appeal of Florida | Filed: Jun 17, 1999 | Docket: 1736649

Cited 9 times | Published

contained within these sections constitute crimes. See § 741.28(1), Fla. Stat. (1997). Thus, as in Burch v. State

Lopez v. Lopez

922 So. 2d 408, 2006 WL 544551

District Court of Appeal of Florida | Filed: Mar 8, 2006 | Docket: 1282358

Cited 8 times | Published

"victim of domestic violence as defined in section 741.28 or has reasonable cause to believe he or she

Barile v. GAYHEART

80 So. 3d 1085, 2012 WL 516183, 2012 Fla. App. LEXIS 2456

District Court of Appeal of Florida | Filed: Feb 17, 2012 | Docket: 2533673

Cited 7 times | Published

violence either as that term is defined in section 741.28, Florida Statutes (2010).[2] In addition to

SD v. State

882 So. 2d 447, 2004 WL 1933129

District Court of Appeal of Florida | Filed: Sep 1, 2004 | Docket: 1289647

Cited 7 times | Published

conviction for domestic battery in violation of section 741.28(2), Florida Statutes (2002). We reject appellant's

Regalado Lopez v. Regalado

257 So. 3d 550

District Court of Appeal of Florida | Filed: Oct 10, 2018 | Docket: 8015405

Cited 5 times | Published

‘victim of domestic violence as defined in section 741.28 or has reasonable cause to believe he or she

Noe v. Noe

217 So. 3d 196, 2017 Fla. App. LEXIS 5234

District Court of Appeal of Florida | Filed: Apr 13, 2017 | Docket: 60265666

Cited 5 times | Published

continuing domestic violence, as defined in section 741.28(2),- Florida Statutes, such that Appellant’s

Sanchez v. Marin

138 So. 3d 1165, 2014 Fla. App. LEXIS 7706, 2014 WL 2116362

District Court of Appeal of Florida | Filed: May 21, 2014 | Docket: 60240518

Cited 5 times | Published

Sanchez are "family members” as defined in section 741.28, Florida Statutes (2013), because they did

Jeffries v. Jeffries

133 So. 3d 1243, 2014 WL 1168847, 2014 Fla. App. LEXIS 4295

District Court of Appeal of Florida | Filed: Mar 24, 2014 | Docket: 60238743

Cited 5 times | Published

incident of domestic violence, as defined in section 741.28, Florida Statutes, and provides the requisite

Jeffries v. Jeffries

133 So. 3d 1243, 2014 WL 1168847, 2014 Fla. App. LEXIS 4295

District Court of Appeal of Florida | Filed: Mar 24, 2014 | Docket: 60238743

Cited 5 times | Published

incident of domestic violence, as defined in section 741.28, Florida Statutes, and provides the requisite

Young v. Young

96 So. 3d 478, 2012 WL 3930370, 2012 Fla. App. LEXIS 15112

District Court of Appeal of Florida | Filed: Sep 11, 2012 | Docket: 60311532

Cited 5 times | Published

violence as defined in section 741.28. “Do*479mestic violence” under section 741.28(2), Florida Statutes

Weisberg v. Albert

123 So. 3d 663, 2013 WL 5628683, 2013 Fla. App. LEXIS 16394

District Court of Appeal of Florida | Filed: Oct 16, 2013 | Docket: 60235150

Cited 4 times | Published

member by another family or household member.” § 741.28(2), Fla. Stat. (2012). “In determining whether

Carl Selph v. Decirena Selph

144 So. 3d 676, 2014 WL 3928415, 2014 Fla. App. LEXIS 12425

District Court of Appeal of Florida | Filed: Aug 13, 2014 | Docket: 937980

Cited 3 times | Published

‘victim of domestic violence as defined in section 741.28 or has reasonable cause to believe he or she

Olin v. Roberts

42 So. 3d 841, 2010 Fla. App. LEXIS 11101, 2010 WL 2976936

District Court of Appeal of Florida | Filed: Jul 30, 2010 | Docket: 2588276

Cited 3 times | Published

section 784.048, or domestic violence under section 741.28, Florida Statutes. Abuse of court processes

Brown v. State

21 So. 3d 108, 2009 Fla. App. LEXIS 16076, 2009 WL 3446388

District Court of Appeal of Florida | Filed: Oct 28, 2009 | Docket: 1655933

Cited 3 times | Published

a crime of domestic violence as defined in section 741.28, Florida Statutes, which was committed in the

Robinson v. Robinson

257 So. 3d 1187

District Court of Appeal of Florida | Filed: Nov 2, 2018 | Docket: 64691426

Cited 2 times | Published

domestic violence as that term is defined in section 741.28, Florida Statutes, or have reasonable cause

Caldwell v. Caldwell ex rel. K.C.

257 So. 3d 1184

District Court of Appeal of Florida | Filed: Nov 2, 2018 | Docket: 64691425

Cited 2 times | Published

statutory definition of domestic violence. See § 741.28(2), Fla. Stat. (2017). Moreover, an adult parent

Kenneth B. Wills and Bobbie Akins v. Rashida Wills Jones

213 So. 3d 982, 2016 WL 1660617, 2016 Fla. App. LEXIS 6299

District Court of Appeal of Florida | Filed: Apr 27, 2016 | Docket: 3058405

Cited 2 times | Published

of "domestic violence" includes "stalking,” section 741.28, Florida Statutes, which is defined elsewhere

Preston v. Gee

133 So. 3d 1218, 2014 WL 1007776, 2014 Fla. App. LEXIS 3552, 39 Fla. L. Weekly Fed. D 564

District Court of Appeal of Florida | Filed: Mar 14, 2014 | Docket: 60238734

Cited 2 times | Published

violence may include a simple assault or battery. § 741.28(2), Fla. Stat. (2012). It is apparent, then, that

G.C. v. R.S.

71 So. 3d 164, 2011 Fla. App. LEXIS 14629

District Court of Appeal of Florida | Filed: Sep 16, 2011 | Docket: 60302909

Cited 2 times | Published

victim of any act of domestic violence ...” Section 741.28(2) defines “Domestic violence” as meaning “any

S.C. v. A.D.

67 So. 3d 346

District Court of Appeal of Florida | Filed: Jul 15, 2011 | Docket: 60302092

Cited 2 times | Published

victim of domestic violence as defined in [section] 741.28 or has reasonable cause to believe he or she

Moore v. Pattin

983 So. 2d 663, 2008 WL 2185436

District Court of Appeal of Florida | Filed: May 28, 2008 | Docket: 1686296

Cited 2 times | Published

victim of any act of domestic violence. . . ." Section 741.28(2), Florida Statutes, defines domestic violence

Ward v. State

965 So. 2d 308, 2007 WL 2710748

District Court of Appeal of Florida | Filed: Sep 19, 2007 | Docket: 1508986

Cited 2 times | Published

(2002) (defining "law enforcement officer"); § 741.28(4), Fla. Stat. (2002) (defining "law enforcement");

Crawford v. State

743 So. 2d 1136, 1999 WL 777649

District Court of Appeal of Florida | Filed: Sep 22, 1999 | Docket: 1243406

Cited 2 times | Published

within these sections are criminal offenses. See § 741.28(1), Fla. Stat. (1997). All portions of the legislation

Crawford v. State

743 So. 2d 1136, 1999 WL 777649

District Court of Appeal of Florida | Filed: Sep 22, 1999 | Docket: 1243406

Cited 2 times | Published

within these sections are criminal offenses. See § 741.28(1), Fla. Stat. (1997). All portions of the legislation

RH v. State

709 So. 2d 129, 1998 WL 113555

District Court of Appeal of Florida | Filed: Mar 11, 1998 | Docket: 2589298

Cited 2 times | Published

occur in conjunction with crimes enumerated in section 741.28(1). In that subsection, the phrase "resulting

Rey v. Perez-Gurri

662 So. 2d 1328, 1995 WL 654206

District Court of Appeal of Florida | Filed: Nov 8, 1995 | Docket: 1683559

Cited 2 times | Published

assault of a former spouse by a former spouse. § 741.28(1), (2), Fla. Stat. (Supp. 1994). The record demonstrates

REBECCA TAYLOR v. ALBERT PRICE

273 So. 3d 24

District Court of Appeal of Florida | Filed: May 22, 2019 | Docket: 15658407

Cited 1 times | Published

victim of any act of domestic violence.” Id. Section 741.28(2), Florida Statutes (2018), defines domestic

In RE: AMENDMENTS TO the FLORIDA RULES OF CRIMINAL PROCEDURE-2018 REGULAR-CYCLE REPORT.

265 So. 3d 494

Supreme Court of Florida | Filed: Oct 4, 2018 | Docket: 7982207

Cited 1 times | Published

a crime of domestic violence as defined in section 741.28, Florida Statutes, which was committed in the

JOSEPH C. DOUGLAS v. KATHRYN ANN DOUGLAS

252 So. 3d 791

District Court of Appeal of Florida | Filed: Aug 1, 2018 | Docket: 7567926

Cited 1 times | Published

by another family or household member." § 741.28(2). This definition requires a threat or showing

Zarudny v. Zarudny

241 So. 3d 258

District Court of Appeal of Florida | Filed: Mar 28, 2018 | Docket: 6348071

Cited 1 times | Published

of domestic violence.” § 741.30(6)(a). Under section 741.28(2), Florida Statutes (2017), “[d]omestic violence”

Leal v. Rodriguez

220 So. 3d 543, 2017 WL 2457228, 2017 Fla. App. LEXIS 8323

District Court of Appeal of Florida | Filed: Jun 7, 2017 | Docket: 6070169

Cited 1 times | Published

member by another family or household member.” Id. § 741.28(2). Domestic violence, in sum, “requires some

Zapiola v. Kordecki

210 So. 3d 249, 2017 WL 535398, 2017 Fla. App. LEXIS 1712

District Court of Appeal of Florida | Filed: Feb 10, 2017 | Docket: 4583380

Cited 1 times | Published

victim of domestic violence as defined by [section] 741.28 or has reasonable cause to believe he or she

Sylvia A. Russ v. Carolyn Williams

159 So. 3d 408

District Court of Appeal of Florida | Filed: Mar 19, 2015 | Docket: 2643351

Cited 1 times | Published

responsible for the torts of the other. See § 741.28, Fla. Stat. (abrogating the common law that a

Gc v. Rs

71 So. 3d 164, 2011 WL 4104731

District Court of Appeal of Florida | Filed: Sep 16, 2011 | Docket: 2356634

Cited 1 times | Published

victim of any act of domestic violence . . ." Section 741.28(2) defines "Domestic violence" as meaning "any

Sc v. Ad

67 So. 3d 346, 2011 Fla. App. LEXIS 11090, 2011 WL 2731941

District Court of Appeal of Florida | Filed: Jul 15, 2011 | Docket: 2570728

Cited 1 times | Published

victim of domestic violence as defined in [section] 741.28 or has reasonable cause to believe he or she

C.K. v. B.B.

65 So. 3d 99, 2011 Fla. App. LEXIS 9677

District Court of Appeal of Florida | Filed: Jun 24, 2011 | Docket: 60301804

Cited 1 times | Published

30(6)(a), Fla. Stat. (2010) (emphasis added). Section 741.28 defines “domestic violence” as “any assault

Parrish v. Price

71 So. 3d 132, 2011 Fla. App. LEXIS 8458, 2011 WL 2278990

District Court of Appeal of Florida | Filed: Jun 10, 2011 | Docket: 2355342

Cited 1 times | Published

includes "persons related by blood or marriage." § 741.28(3). However, Florida Rule of Civil Procedure 1

Seffernick v. Meriwether Ex Rel. Meriwether

960 So. 2d 851, 2007 WL 1953020

District Court of Appeal of Florida | Filed: Jul 6, 2007 | Docket: 1404496

Cited 1 times | Published

v. Smith, 901 So.2d 372 (Fla. 2d DCA 2005). Section 741.28(2) defines domestic violence as "assault, aggravated

Bond v. Bond

917 So. 2d 268, 2005 WL 3439929

District Court of Appeal of Florida | Filed: Dec 16, 2005 | Docket: 448099

Cited 1 times | Published

be sought by "family or household members." Section 741.28(3), Florida Statutes (2005), defines "family

Slovenski v. Wright

849 So. 2d 349, 2003 WL 2002811

District Court of Appeal of Florida | Filed: May 2, 2003 | Docket: 1509355

Cited 1 times | Published

family or household members as provided by section 741.28(2), Florida Statutes (2001), was correct. Second

Partlowe v. Gomez

801 So. 2d 968, 2001 WL 1503247

District Court of Appeal of Florida | Filed: Nov 28, 2001 | Docket: 1495204

Cited 1 times | Published

together, and do not share a child in common. § 741.28, Fla. Stat. (2000).[1] Mr. Partlowe contends that

Kopelovich v. Kopelovich

793 So. 2d 31, 2001 Fla. App. LEXIS 4592, 2001 WL 332488

District Court of Appeal of Florida | Filed: Apr 6, 2001 | Docket: 64807927

Cited 1 times | Published

was residing in the same single dwelling unit. § 741.28(1), Fla.Stat. (1999).

In re Adoption of Florida Rules of Criminal Procedure 3.704 & 3.992 to Implement the Florida Criminal Punishment Code

721 So. 2d 265, 23 Fla. L. Weekly Supp. 497, 1998 Fla. LEXIS 1829, 1998 WL 650579

Supreme Court of Florida | Filed: Sep 24, 1998 | Docket: 64784506

Cited 1 times | Published

a crime of domestic violence as defined in section 741.28, Florida Statutes, which was committed in the

Sharpe v. Sharpe

695 So. 2d 1302, 1997 WL 352429

District Court of Appeal of Florida | Filed: Jun 27, 1997 | Docket: 1522090

Cited 1 times | Published

household member" is more broadly defined in section 741.28(2) as: "[S]pouses, former spouses, persons

Howard L. Moon v. Secretary, United States Dept. Of Labor

747 F.2d 599, 1 Am. Disabilities Cas. (BNA) 642, 1984 U.S. App. LEXIS 16504, 35 Empl. Prac. Dec. (CCH) 34,843, 36 Fair Empl. Prac. Cas. (BNA) 477

Court of Appeals for the Eleventh Circuit | Filed: Nov 26, 1984 | Docket: 275062

Cited 1 times | Published

contained” in the regulations. Id. § 741.28(a). Thus, the regulations contemplated that the

Joseph Nussbaumer, Jr. v. Secretary, Florida Dept of Children and Families

Court of Appeals for the Eleventh Circuit | Filed: Sep 4, 2025 | Docket: 69617215

Published

other family or household member.” Fla. Stat. § 741.28 (2024). 2 Dr. Nussbaumer is licensed by

Yaidel Alfonso v. Zenilda Hierrezuelo, O/B/O Z.A.

District Court of Appeal of Florida | Filed: Aug 20, 2025 | Docket: 71155240

Published

741.30, “domestic violence,” as defined in section 741.28, Florida Statutes (2023), “means any assault

Pedro Lazaro Lau v. Nizalena Gonzalez

District Court of Appeal of Florida | Filed: Jun 4, 2025 | Docket: 70000161

Published

victim of domestic violence as defined in section 741.28 or has reasonable cause to believe he or she

David Drew Redman v. State of Florida

District Court of Appeal of Florida | Filed: May 23, 2025 | Docket: 70350384

Published

offense of domestic violence as described in section 741.28(2), Florida Statutes (2023). 1 The fine and

Johnathan Naranjo v. Natalie Somoano

District Court of Appeal of Florida | Filed: Apr 23, 2025 | Docket: 69929817

Published

that the definition of “domestic violence” in section 741.28, Florida Statutes, includes stalking, and

Charles Bechert, III v. Luciana Surban Bechert O/B/o, O.B.

District Court of Appeal of Florida | Filed: Apr 9, 2025 | Docket: 69864392

Published

victim of any act of domestic violence . . . .” Section 741.28(2), Florida Statutes (2022) defines “domestic

Ian Donovan Blake v. Bayan Fares

District Court of Appeal of Florida | Filed: Mar 14, 2025 | Docket: 69737437

Published

member by another family or household member.” § 741.28(2), Fla. Stat. (2024). Here, the court issued

Kiki De Jager v. Gerhard Austen De Jager

District Court of Appeal of Florida | Filed: Jan 29, 2025 | Docket: 69587488

Published

proper, including an injunction . . . . Section 741.28(2), Florida Statutes (2023), defines “domestic

Ruby Ann Savage v. Kristen Armista Bustillo

District Court of Appeal of Florida | Filed: Dec 11, 2024 | Docket: 69455309

Published

(2023). Stalking is a form of domestic violence. § 741.28(2), Fla. Stat. (2023). Thus, both injunctions

Ruby Ann Savage v. Rudy Bustillo, III

District Court of Appeal of Florida | Filed: Dec 11, 2024 | Docket: 69455308

Published

(2023). Stalking is a form of domestic violence. § 741.28(2), Fla. Stat. (2023). Thus, both injunctions

Madeline Poses Schulmann v. Steven Schulmann

District Court of Appeal of Florida | Filed: Sep 4, 2024 | Docket: 69127384

Published

member by another family or household member.” § 741.28(2), Fla. Stat. (2022). The conduct most pertinent

Douglas Joseph Thomas v. Caitlin Linglong Li

District Court of Appeal of Florida | Filed: Jul 17, 2024 | Docket: 68950682

Published

‘victim of domestic violence as defined in section 741.28 or has reasonable cause to believe he or she

J.C. v. Department of Agriculture and Consumer Services, Division of Licensing

District Court of Appeal of Florida | Filed: May 22, 2024 | Docket: 68553255

Published

violence, as those offenses are defined in section 741.28, Florida Statutes (2014). Thus, the Department’s

LUDWINE FRANCOIS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Aug 10, 2022 | Docket: 64881552

Published

a condition of probation.”) (emphasis added); § 741.28(2), Fla. Stat. (2019) (“‘Domestic violence’ means

LUDWINE FRANCOIS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: May 18, 2022 | Docket: 63318844

Published

a condition of probation.”) (emphasis added); § 741.28(2), Fla. Stat. (2019) (“‘Domestic violence’ means

ALBERT E. NARVAEZ v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Mar 16, 2022 | Docket: 63162697

Published

member.” § 741.28(2), Fla. Stat. (2018). “A domestic violence designation under section 741.28(2) triggers

GREGORIO ANTONIO DICKSON v. GRETCHEN CURTIS, etc.

District Court of Appeal of Florida | Filed: Feb 9, 2022 | Docket: 62984873

Published

of any act of domestic violence.” Section 741.28(2) defines

ALBERT E. NARVAEZ v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jan 5, 2022 | Docket: 61689418

Published

member.” § 741.28(2), Fla. Stat. (2018). “A domestic violence designation under section 741.28(2) triggers

AARON MCGUIRE v. MAGIORI C. BOSCAN

District Court of Appeal of Florida | Filed: Dec 1, 2021 | Docket: 61585933

Published

becoming a victim of domestic violence . . . .” Section 741.28(2) defines “domestic violence” as “any assault

GAVIN D. CADDY v. SUE-ANN N. ROBINSON

District Court of Appeal of Florida | Filed: Jun 30, 2021 | Docket: 60025611

Published

DCA 2015) (internal citations omitted). Section 741.28(2), Florida Statutes (2019), defines DV as

MICHAEL DITANNA v. BLAKE EDWARDS

District Court of Appeal of Florida | Filed: Jun 30, 2021 | Docket: 60025595

Published

violence. The definition of domestic violence in section 741.28(2), Florida Statutes (2020), includes “any

JEREMY BETHEA v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jun 2, 2021 | Docket: 59954655

Published

family or household member of [Appellant].” See § 741.28, Fla. Stat. (2018). The trial court’s instruction

JONATHAN CHISCUL v. MICHELLE GOMEZ HERNANDEZ

District Court of Appeal of Florida | Filed: Feb 10, 2021 | Docket: 59241593

Published

member by another family or household member.” § 741.28(2), Fla. Stat. (2019). In determining whether

LISA KIM KARKHOFF v. THOMAS ANTHONY ROBILOTTA

District Court of Appeal of Florida | Filed: Dec 9, 2020 | Docket: 18726932

Published

member by another family or household member.” § 741.28, Fla. Stat. (2019). As the trial court noted

ANGELA BOUCHER v. MERTON WARREN

District Court of Appeal of Florida | Filed: Mar 4, 2020 | Docket: 16925829

Published

domestic violence.” § 741.30(1)(a), Fla. Stat. Section 741.28(2), Florida Statutes (2019), defines “domestic

BENJAMIN A. MUSGRAVE v. LYNN M. MUSGRAVE

District Court of Appeal of Florida | Filed: Nov 27, 2019 | Docket: 16523190

Published

the victim of domestic violence as defined in section 741.28 or has reasonable cause to believe he or she

Christy Curl v. Stacie L. Roberts, o/b/o E. C., a minor

District Court of Appeal of Florida | Filed: Aug 30, 2019 | Docket: 16135508

Published

member by another family or household member.” § 741.28(2), Fla. Stat. This injunction was improper because

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-13.

272 So. 3d 1210

Supreme Court of Florida | Filed: Jun 6, 2019 | Docket: 15737694

Published

the defendant or the victim? Yes No § 741.28, Fla. Stat. "Domestic violence" means

Wayne Louis Hutsell v. Ellen Davis Hutsell

263 So. 3d 266

District Court of Appeal of Florida | Filed: Feb 4, 2019 | Docket: 14533666

Published

definition of domestic violence includes “stalking,” § 741.28(2), Fla. Stat., which is defined in section 784

JONATHAN TATE v. VANESSA TATE

262 So. 3d 221

District Court of Appeal of Florida | Filed: Dec 14, 2018 | Docket: 8409815

Published

member by another family or household member." § 741.28(2). "Where 'fear alone

In Re: Amendments to the Florida Rules of Criminal Procedure - 2018 Regular-Cycle Report

Supreme Court of Florida | Filed: Jul 19, 2018 | Docket: 7471972

Published

a crime of domestic violence as defined in section 741.28, Florida Statutes, which was committed in the

Faddis v. Luddy

221 So. 3d 758, 2017 WL 2569780, 2017 Fla. App. LEXIS 8675

District Court of Appeal of Florida | Filed: Jun 14, 2017 | Docket: 6073871

Published

member by another family or household member.” Id. § 741.28(2). Here, after the evidentiary hearing,

In Re: Amendments to Rule Regulating The Florida Bar 4-1.19 and Florida Family Law Rule of Procedure 12.745 (Collaborative Law Process)

218 So. 3d 440, 2017 WL 2210620, 2017 Fla. LEXIS 1080

Supreme Court of Florida | Filed: May 18, 2017 | Docket: 6063845

Published

a family or household member as defined in section 741.28, Florida Statutes. (f) Disqualification

In Re: Standard Jury Instructions in Criminal Cases—report 2016-01

213 So. 3d 680

Supreme Court of Florida | Filed: Mar 9, 2017 | Docket: 4615973

Published

pretrial release). Definitions. § 741.28, Fla. Stat. “Domestic violence” means any

Department of Children & Families v. J.D.

198 So. 3d 960, 2016 Fla. App. LEXIS 13808, 2016 WL 4180212

District Court of Appeal of Florida | Filed: Aug 5, 2016 | Docket: 60256518

Published

both “domestic violence” and child “abuse.” See § 741.28(2), Fla. Stat. (2016); § 39.01(3), Fla. Stat.

DCF v. J.D.

District Court of Appeal of Florida | Filed: Aug 1, 2016 | Docket: 4120884

Published

both “domestic violence” and child “abuse.” See § 741.28(2), Fla. Stat. (2016); § 39.01(3), Fla. Stat.

Leaphart v. James

185 So. 3d 683, 2016 Fla. App. LEXIS 1746, 2016 WL 540649

District Court of Appeal of Florida | Filed: Feb 10, 2016 | Docket: 3035161

Published

constitutes domestic violence under the statute, § 741.28(2), it is not enough to, support an. injunction

In Re: Amendments to the Florida Supreme Court Approved Family Law Forms

173 So. 3d 19, 40 Fla. L. Weekly Supp. 163, 2015 Fla. LEXIS 583, 2015 WL 1343088

Supreme Court of Florida | Filed: Mar 26, 2015 | Docket: 2644899

Published

threatened to commit domestic violence defined in section 741.28, Florida Statutes, as any assault

Amy Hair v. Cammy Hair

159 So. 3d 984, 2015 Fla. App. LEXIS 3876, 2015 WL 1223692

District Court of Appeal of Florida | Filed: Mar 18, 2015 | Docket: 2642461

Published

member by another family or household member.” § 741.28(2), Fla. Stat. (2012). To determine whether

Bristow v. Bristow

159 So. 3d 961, 2015 Fla. App. LEXIS 3591, 2015 WL 1071040

District Court of Appeal of Florida | Filed: Mar 13, 2015 | Docket: 60246718

Published

petition for an injunction for protection. . Section 741.28(2), Florida Statutes (2014), defines domestic

Branson v. Rodriguez-Linares

143 So. 3d 1070, 2014 WL 3673881, 2014 Fla. App. LEXIS 11388

District Court of Appeal of Florida | Filed: Jul 25, 2014 | Docket: 386322

Published

violence.” § 741.30(l)(a) (emphasis added). Section 741.28(2) states: “Domestic violence” means any

Morris v. Mascia

97 So. 3d 278, 2012 WL 3870411, 2012 Fla. App. LEXIS 14995

District Court of Appeal of Florida | Filed: Sep 7, 2012 | Docket: 60311747

Published

petitioner be a “family or household member[].” Section 741.28(3), Florida Statutes defines a “family or household

Ck v. Bb Ex Rel. Ts

65 So. 3d 99, 2011 WL 2496670

District Court of Appeal of Florida | Filed: Jun 24, 2011 | Docket: 2362083

Published

30(6)(a), Fla. Stat. (2010) (emphasis added). Section 741.28 defines "domestic violence" as "any assault

Moriggia v. Moriggia

62 So. 3d 1151, 2011 Fla. App. LEXIS 7711, 2011 WL 2119559

District Court of Appeal of Florida | Filed: May 27, 2011 | Docket: 2543816

Published

member by another family or household member." § 741.28(2), Fla. Stat. (2009). "A court may issue an injunction

Williams v. Department of Transportation

52 So. 3d 831, 2011 Fla. App. LEXIS 601, 2011 WL 248522

District Court of Appeal of Florida | Filed: Jan 28, 2011 | Docket: 2533315

Published

This includes domestic violence as defined in Section 741.28, Florida Statutes. This policy is established

Fleshman v. Fleshman

50 So. 3d 797, 2011 Fla. App. LEXIS 84, 2011 WL 115973

District Court of Appeal of Florida | Filed: Jan 14, 2011 | Docket: 60297366

Published

injunction as provided by section 741.30(l)(e). Section 741.28(3) clearly states: “Family or household member”

Fuccio v. Durso

48 So. 3d 1013, 2010 Fla. App. LEXIS 18348, 2010 WL 4903620

District Court of Appeal of Florida | Filed: Dec 3, 2010 | Docket: 60296438

Published

such an injunction, the controlling statute, section 741.28 of the Florida Statutes (2008), requires proof

Fuccio v. Durso

48 So. 3d 1011, 2010 Fla. App. LEXIS 18347, 2010 WL 4903618

District Court of Appeal of Florida | Filed: Dec 3, 2010 | Docket: 60296437

Published

such an injunction, the controlling statute, section 741.28 of the Florida Statutes (2008), specifically

Sanchez v. Sanchez

48 So. 3d 199, 2010 Fla. App. LEXIS 18292, 2010 WL 4867884

District Court of Appeal of Florida | Filed: Dec 1, 2010 | Docket: 60296536

Published

member by another family or household member.” § 741.28(2). Section 741.30(6)(b) provides guidance on

Muse v. Muse

27 So. 3d 232, 2010 Fla. App. LEXIS 1589, 2010 WL 532806

District Court of Appeal of Florida | Filed: Feb 17, 2010 | Docket: 1326965

Published

DCA 2001). Domestic violence is defined in section 741.28(2), Florida Statutes (2008), as certain violent

Costanzo v. Costanzo

941 So. 2d 1211, 2006 Fla. App. LEXIS 19121, 2006 WL 3302657

District Court of Appeal of Florida | Filed: Nov 15, 2006 | Docket: 64847821

Published

household members. ...” (Emphasis added). Moreover, section 741.28(3), Florida Statutes *1213(2002), provides

Buchan v. Hibbard

940 So. 2d 533, 2006 WL 3019972

District Court of Appeal of Florida | Filed: Oct 25, 2006 | Docket: 1524048

Published

member by another family or household member."[4] § 741.28(2). Section 741.30(6)(b)(2) provides that, in

TS v. Department of Children and Families

944 So. 2d 1049, 2006 Fla. App. LEXIS 13624, 2006 WL 2355369

District Court of Appeal of Florida | Filed: Aug 16, 2006 | Docket: 1155425

Published

of domestic violence occurred in May 2005. See § 741.28(2), Fla. Stat. ("`Domestic violence' means any

McClain v. SMJ EX REL. HATCHER

933 So. 2d 1241, 2006 WL 1999451

District Court of Appeal of Florida | Filed: Jul 19, 2006 | Docket: 740362

Published

domestic violence. § 741.30(1)(a), Fla. Stat. (2005); § 741.28(2), Fla. Stat. (2005) (defining domestic violence

Amendments to the Florida Rules of Juvenile Procedure

898 So. 2d 47, 30 Fla. L. Weekly Supp. 135, 2005 Fla. LEXIS 382, 2005 WL 486598

Supreme Court of Florida | Filed: Mar 3, 2005 | Docket: 64837322

Published

an act of domestie-violenee--as-de-fined in F.S. 741.28(1), and the following conditions exist; a-resplte-home-or—

S.D. v. State

882 So. 2d 447, 2004 Fla. App. LEXIS 12867

District Court of Appeal of Florida | Filed: Sep 1, 2004 | Docket: 64832551

Published

conviction for domestic battery in violation of section 741.28(2), Florida Statutes (2002). We reject appellant’s

Williams v. State

879 So. 2d 77, 2004 Fla. App. LEXIS 11441, 2004 WL 1737234

District Court of Appeal of Florida | Filed: Aug 4, 2004 | Docket: 64832077

Published

041(4)(a)18., Fla. Stat. (2003). Turning to Section 741.28, Florida Statutes, “Domestic violence means

Amendments to Florida Supreme Court Approved Family Law Forms

849 So. 2d 1003, 28 Fla. L. Weekly Supp. 407, 2003 Fla. LEXIS 804, 2003 WL 21087985

Supreme Court of Florida | Filed: May 15, 2003 | Docket: 64824021

Published

definition of “domestic violence” set forth in section 741.28, Florida Statutes (2001). See ch.2002-55, §

Amendments to Florida Rules of Criminal Procedure 3.704 & 3.992

810 So. 2d 826, 26 Fla. L. Weekly Supp. 626, 2001 Fla. LEXIS 1929, 2001 WL 1130811

Supreme Court of Florida | Filed: Sep 26, 2001 | Docket: 64813224

Published

a crime of domestic violence as defined in section 741.28, Florida Statutes, which was committed in the

Amendment to Florida Rule of Criminal Procedure 3.704(d)(23)

763 So. 2d 997, 24 Fla. L. Weekly Supp. 570, 1999 Fla. LEXIS 2166, 1999 WL 1132900

Supreme Court of Florida | Filed: Dec 9, 1999 | Docket: 64799174

Published

a crime of domestic violence as defined in section 741.28, Florida Statutes, which was committed in the

Kokoris v. Zipnick

738 So. 2d 369, 1999 Fla. App. LEXIS 7923, 1999 WL 393473

District Court of Appeal of Florida | Filed: Jun 16, 1999 | Docket: 64789754

Published

residing in the same single dwelling unit. Section 741.28, Florida Statutes (1997), provides the following

R.H. v. State

709 So. 2d 129, 1998 Fla. App. LEXIS 2269

District Court of Appeal of Florida | Filed: Mar 11, 1998 | Docket: 64780125

Published

occur in conjunction with crimes enumerated in section 741.28(1). In that subsection, the phrase “resulting

R.H. v. State

709 So. 2d 129, 1998 Fla. App. LEXIS 2269

District Court of Appeal of Florida | Filed: Mar 11, 1998 | Docket: 64780125

Published

occur in conjunction with crimes enumerated in section 741.28(1). In that subsection, the phrase “resulting

Andrews v. Byrd

700 So. 2d 1250, 1997 Fla. App. LEXIS 12225, 1997 WL 672500

District Court of Appeal of Florida | Filed: Oct 30, 1997 | Docket: 64776385

Published

statutory definition of “family or household member.” § 741.28(2), Fla. Stat. While the record does suggest that

Amendments to Florida Rules of Criminal Procedure

696 So. 2d 1171, 22 Fla. L. Weekly Supp. 367, 1997 Fla. LEXIS 951, 1997 WL 348098

Supreme Court of Florida | Filed: Jun 26, 1997 | Docket: 64775015

Published

a crime of domestic violence as defined in section 741.28, Florida Statutes (1995), and such offense