Florida Statute 741.2902 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLIII
DOMESTIC RELATIONS

Chapter 741
MARRIAGE; DOMESTIC VIOLENCE

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741.2902 Domestic violence; legislative intent with respect to judiciary’s role.—

(1) It is the intent of the Legislature, with respect to domestic violence cases, that at the first appearance the court shall consider the safety of the victim, the victim’s children, and any other person who may be in danger if the defendant is released, and exercise caution in releasing defendants.

(2) It is the intent of the Legislature, with respect to injunctions for protection against domestic violence, issued pursuant to s. 741.30, that the court shall:

(a) Recognize that the petitioner’s safety may require immediate removal of the respondent from their joint residence and that there can be inherent danger in permitting the respondent partial or periodic access to the residence.

(b) Ensure that the parties have a clear understanding of the terms of the injunction, the penalties for failure to comply, and that the parties cannot amend the injunction verbally, in writing, or by invitation to the residence.

(c) Ensure that the parties have knowledge of legal rights and remedies including, but not limited to, visitation, child support, retrieving property, counseling, and enforcement or modification of the injunction.

(d) Consider temporary child support when the pleadings raise the issue and in the absence of other support orders.

(e) Consider supervised visitation, withholding visitation, or other arrangements for visitation that will best protect the child and petitioner from harm.

(f) Enforce, through a civil or criminal contempt proceeding, a violation of an injunction for protection against domestic violence.

(g) Consider requiring the perpetrator to complete a batterers’ intervention program. It is preferred that such program meet the requirements specified in s. 741.325.

History.—s. 5, ch. 91-210; s. 4, ch. 94-134; s. 4, ch. 94-135; s. 13, ch. 94-170; s. 4, ch. 95-195; s. 11, ch. 2002-55; s. 9, ch. 2012-147.

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Amendments to 741.2902

Annotations, Discussions, Cases:

Cases Citing Statute 741.2902

Total Results: 7 | Sort by: Relevance | Newest First

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Weiand v. State, 732 So. 2d 1044 (Fla. 1999).

Cited 45 times | Published | Supreme Court of Florida | 1999 WL 125522

...ue Rule, 32 Ariz. L.Rev. 665 (1990)). [14] See also, e.g., § 741.281, Fla. Stat. (1997); ch. 95-195, § 19, at 1781, Laws of Fla. (requiring a person convicted of committing a crime of domestic violence to attend a batterers' intervention program); § 741.2902(1), (2), Fla....

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In Re Report of Fam. Ct. Steering Comm., 794 So. 2d 518 (Fla. 2001).

Cited 6 times | Published | Supreme Court of Florida | 2001 WL 1034530

...(a)-(c). The Committee's principles do not conflict with other legislative policies regarding dependency cases in section 39.001(1), Florida Statutes (2000); delinquency cases in section 985.02, Florida Statutes (2000); or domestic violence cases in section 741.2902, Florida Statutes (2000)....

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Walker v. Bentley, 660 So. 2d 313 (Fla. 2d DCA 1995).

Cited 6 times | Published | Florida 2nd District Court of Appeal | 1995 WL 508902

...With respect to the judiciary's role in the enforcement process, the legislature manifested a clear intent that a circuit court could now only "[e]nforce, through a civil contempt proceeding, a violation of an injunction for protection against domestic violence which is not a criminal violation under s. 741.31." § 741.2902(2)(g), Fla....

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Moore v. Pattin, 983 So. 2d 663 (Fla. 4th DCA 2008).

Cited 2 times | Published | Florida 4th District Court of Appeal | 2008 WL 2185436

...esulting in physical injury or death of one family or household member by another family or household member." The legislature intended the judiciary to consider the safety of the victim as paramount in considering domestic violence injunctions. See § 741.2902, Fla....

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Hunter v. Booker, 133 So. 3d 623 (Fla. 1st DCA 2014).

Cited 1 times | Published | Florida 1st District Court of Appeal | 2014 WL 895188, 2014 Fla. App. LEXIS 3397

...diction in a pending or subsequent civil action or proceeding affecting the placement of, access to, parental time with, adoption of, or parental rights and responsibilities for the minor child. § 741.30(5)(a)3, (6)(a)3, Fla. Stat. (2013); see also § 741.2902(2)(e), Fla....

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Swanson v. Allison, 617 So. 2d 1100 (Fla. 5th DCA 1993).

Cited 1 times | Published | Florida 5th District Court of Appeal | 1993 WL 135693

...sed on a threat of harm finding. The legislative intent with respect to domestic violence cases is that the court at first appearance consider the safety of the victim and the victim's minor children and exercise caution in releasing defendants. See § 741.2902(1), Fla. Stat. (1991). However, if section 741.2902(1) is being used to detain those charged with simple batteries arising out of domestic disputes, the statute is being unconstitutionally applied....

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Est. of Brown ex rel. Brown v. Woodham, 840 So. 2d 1105 (Fla. 1st DCA 2003).

Published | Florida 1st District Court of Appeal | 2003 Fla. App. LEXIS 3482, 28 Fla. L. Weekly Fed. D 765

...riously. In our judgment, pertinent Florida statutes relating to the taking into custody of persons accused of domestic violence, when considered together, codify the special-duty exception mentioned in both Everton and the Restatement. For example, section 741.2902(1), Florida Statutes (2000), states that it is the responsibility of the trial court, in considering the release of an offender, to consider the safety of any person who might be endangered by the release....

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