CopyCited 311 times | Published | Supreme Court of Florida | 2000 WL 178052
...rt to overrule Hinkle on the issue of severability). [9] Curiously, the title of chapter 95-184 also provides the following: [A]mending s.
741.29, F.S.; providing legislative intent with respect to services for victims of domestic violence; amending s.
741.30, F.S.; requiring the clerk of court to furnish the sheriff with specified information on respondents; revising guidelines for transmission of specified information by the sheriff; restricting the authority to serve or executive [sic] injunctions for protection against domestic violence to specified municipal or county law enforcement officers.... Ch. 95-184, at 1677-78. However, nowhere in chapter 95-184 did the Legislature amend either section
741.29 or section
741.30, Florida Statutes....
CopyCited 45 times | Published | Supreme Court of Florida | 1999 WL 125522
...In addition, the provisions relating to domestic violence injunctions have been substantially revised. The injunctive relief that the trial court can now grant includes awarding the petitioner the exclusive use and possession of the dwelling the parties share. See § 741.30(6)(a)2., Fla. Stat. (1997); ch. 84-343, § 10, at 1989, Laws of Florida. The legislature has made it illegal for any person under a final domestic injunction to possess a weapon. See § 741.30(6)(f), Fla....
CopyCited 36 times | Published | Supreme Court of Florida | 2006 WL 1548026
...See, e.g., §
194.011(3)(a), Fla. Stat. (2004) ("Such petition shall be sworn to by the petitioner."); §
617.2006(3), Fla. Stat. (2004) ("[T]he articles of incorporation shall be accompanied by a petition, signed and sworn to by the subscribers...."); §
741.30(3)(a), Fla....
CopyCited 29 times | Published | Supreme Court of Florida | 1996 WL 627562
...(F) URESANon IV-Dall matters relating to Chapter 88, Florida Statutes, in which an application for assistance has not been filed under Title IV-D, Social Security Act. (G) Domestic Violenceall matters relating to injunctions for protection against domestic violence pursuant to F.S. section 741.30, Florida Statutes....
CopyCited 22 times | Published | Florida 3rd District Court of Appeal | 2006 WL 2741625
...Florida Rule of Appellate Procedure 9.330, we withdraw our previously filed opinion and submit this opinion in its stead. Ladon Echols ("Ms. Echols") filed a Petition for Injunction for Protection Against Domestic Violence ("Petition"), pursuant to section 741.30, Florida Statutes (2005). On September 6, 2005, the trial court held *1249 a hearing to determine whether a permanent injunction should be imposed. As required by section 741.30(6)(h), Florida Statutes (2005), [1] the hearing was recorded....
...n a family" requirement. Therefore, we conclude that the face of the Petition sufficiently demonstrates that there was a factual basis for the imposition of the permanent injunction. Accordingly, we affirm the order under review. Affirmed. NOTES [1] Section 741.30(6)(h), Florida Statutes (2005), provides as follows: "All proceedings under this subsection shall be recorded....
CopyCited 21 times | Published | Florida 2nd District Court of Appeal | 2001 WL 484439
...In each case, the trial court extended the injunction for a period of one year. *164 In September 1999 the Wife sought an extension of the injunction against domestic violence for "the Wife's lifetime." After a hearing, the trial court granted the Wife's petition for a lifetime injunction. This appeal followed. Section 741.30(1), Florida Statutes (1995), creates a cause of action for an injunction against domestic violence....
...ult, sexual battery, stalking, aggravated stalking, 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." §
741.28(1), Fla. Stat. (1995). Section
741.30(1)(a), Florida Statutes (1995), allows any person who is the victim of any act of domestic violence or who has "reasonable cause to believe he or she may become the victim of any act of domestic violence" to petition for an injunction....
...This section was amended in 1997 to require that the petitioner allege that he or she either is the victim of any act of domestic violence or "has reasonable cause to believe he or she is in imminent danger of becoming the victim of any act of domestic violence." [1] § 741.30(1)(a), Fla. Stat. (Supp.1998). Section 741.30(6)(b), Florida Statutes (1995), allows the victim to petition for an extension of the injunction and gives the court broad discretion to extend the injunction for successive periods "after considering the circumstances." In order to st...
CopyCited 20 times | Published | Supreme Court of Florida | 1993 WL 493634
...Report of the Florida Supreme Court Gender Bias Study Commission, 42 Fla.L.Rev. 803 (1990). Partly as a result of our Gender Bias Report, Florida law now has been modified so that women suffering abuse can obtain an injunction for protection directly from the clerk of the court, without any need of the state attorney's help. § 741.30, Fla....
...These forms are readily available throughout Florida, at the office of every clerk of the court, at The Florida Bar's offices, and in many libraries. And the Florida Legislature also has directed that each clerk of the court shall assist women in filling out the simplified forms and shall waive fees, whenever necessary. § 741.30, Fla....
CopyCited 20 times | Published | Supreme Court of Florida | 2005 WL 3429616
...(F) URESAUIFSANon IV-Dall matters relating to Chapter 88, Florida Statutes, in which an application for assistance has not been filed under Title IV-D, Social Security Act. (G) Domestic Violenceall matters relating to injunctions for protection against domestic violence pursuant to section 741.30, Florida Statutes....
CopyCited 17 times | Published | Florida 4th District Court of Appeal | 2001 WL 121127
...The wife had the right to voluntarily dismiss the dissolution action. The domestic violence injunction action The wife's right to voluntarily dismiss the action for a domestic violence injunction presents a thornier issue, but the result is the same. Section 741.30, Florida Statutes (1999), creates a private right of action for an injunction against domestic violence. Any person who is the victim of domestic violence as defined in the statute may file a sworn petition for an injunction for protection against domestic violence. See § 741.30(1)(a). The respondent must be personally served with the petition and notice of hearing. See § 741.30(4). Under circumstances where it appears that an immediate and present danger of domestic violence exists, the court may grant a temporary injunction, ex parte, pending the full hearing. See § 741.30(5)(a)....
...c violence, (2) awarding the petitioner the exclusive use and possession of the dwelling that the parties share, (3) awarding temporary custody of the children, and (4) ordering the respondent to participate in a batterers' intervention program. See §
741.30(6)(a)(c). The court may enter a temporary or final judgment on the petition for injunction against domestic violence. See §
741.30(6)(c). The petitioner or the respondent may move to modify or dissolve a temporary or permanent injunction for protection against domestic violence at any time. See §
741.30(9). Although the legislative scheme favors criminal prosecution over contempt proceedings where a person violates a domestic violence injunction, the fact remains that section
741.30 creates a private "cause of action" resting with the victim. Compare §§
741.2901(2) &
741.30(1), Fla....
...However, I disagree with the majority that the dismissal divested the trial judge of jurisdiction over the domestic violence action. I agree with the majority that the question of whether the wife can voluntarily dismiss the injunction is a thornier issue. According to section 741.30(9), the petitioner or the respondent may move to modify or dissolve a temporary or permanent injunction for protection against domestic violence at any time. See § 741.30(9). I interpret section 741.30(9) as requiring court action before a previously entered injunction can be modified or dissolved....
...However, I would deny the petitioners' request to prohibit the trial court from enforcing the temporary injunction. This is because the welfare of the children is in question and neither petitioner obtained an order modifying or dissolving the injunction as required by section 741.30(9). NOTES [1] Florida Statutes section 741.30(1)(a) provides that in the event an action is filed under chapter 61 while an action for injunction for protection against domestic violence is pending, orders entered in the dissolution case will take precedence over inconsistent provisions in any injunction order which addresses matters governed by chapter 61....
CopyCited 16 times | Published | Florida 5th District Court of Appeal | 2013 WL 756350, 2013 Fla. App. LEXIS 3302
...A person may obtain an initial injunction for protection against domestic violence if he or she “is either the victim of domestic violence ... or has reasonable cause to believe that he or she is in imminent danger of becoming the victim of domestic violence ....”§ 741.30(6)(a), Fla....
...The court may grant a continuance of the hearing before or during a hearing for good cause shown by any party, which shall include a continuance to obtain service of process. Any injunction shall be extended if necessary to remain in full force and effect during any period of continuance. § 741.30(5)(c), Fla....
...In this case, a temporary injunction for protection against domestic violence was initially entered ex parte against Husband and in favor of Wife on November 28, 2011. 2 In accordance with the statute, a hearing on whether a permanent injunction should be entered was scheduled for December 13, 2011. See § 741.30(5)(c), Fla....
...Wife’s burden of proof for obtaining a permanent injunction (or an extension of an injunction under the previous statute) required her to prove that she was either the victim of domestic violence or had reasonable cause to believe that she was in imminent danger of becoming a victim of an act of domestic violence. See § 741.30(6)(a), Fla....
...Simonik,
709 So.2d 189, 190 (Fla. 3d DCA 1998). The trial court could also consider the circumstances that initially led to the imposition of the injunction to determine whether Wife’s continuing fear of future violence was reasonable. Id. at 190 ; see also §
741.30(6)(b), Fla....
...on, at which the court can consider the totality of the circumstances, including any incidents occurring prior to December 13, 2011, in determining whether a permanent injunction should be entered. If, after consideration of the factors set forth in section
741.30(b)(6), Florida Statutes, the court determines that wife is either the victim of domestic violence as defined in section
741.28 or has reasonable cause to believe that she is in imminent danger of becoming the victim of any act of domes...
...GRIFFIN, J., concurs in part, dissents in part, with opinion. .Earlier statutes provided that injunctions were to be granted for a period not to exceed one year and contained an express provision that permitted petitioner to obtain an extension of an injunction. See § 741.30(6)(b), Fla....
CopyCited 15 times | Published | Supreme Court of Florida | 20 Fla. L. Weekly Supp. 581, 1995 Fla. LEXIS 1953, 1995 WL 689537
...in support of the violation of an order of injunction for protection against domestic or repeat violence. Commentary 1995 Adoption. A cause of action for an injunction for protection against domestic violence and repeat violence has been created by section 741.30, Florida Statutes (Supp....
...se of action is currently pending between the parties. However, the pendency of any such cause of action must be alleged in the petition. The relief the court may grant in a temporary or permanent injunction against domestic violence is set forth in section 741.30(6)....
...*1085 The facts and circumstances to be alleged under subdivision (b)(1)(B) include those set forth in Florida Family Law Form 12.980(d). The relief the court may grant in a temporary or permanent injunction against repeat violence is set forth in section
784.046(7), Florida Statutes. Subdivision (b)(4) expands sections
741.30(2)(c)1 and (2)(c)2, Florida Statutes, to provide that the responsibility to assist the petitioner may be assigned not only to the clerk of court but also to the appropriate intake unit of the court....
...r service. Subdivision (c)(3)(A) makes the procedure for service of a temporary order of injunction for protection against domestic violence and repeat violence consistent. This is intended to replace the differing requirements contained in sections
741.30(7)(b)3 and (7)(c)1 and
784.046(8)(a)1, Florida Statutes. Subdivision (c)(3)(B) makes the procedure for service of a permanent order of injunction for protection against domestic violence and repeat violence consistent. This is intended to replace the differing requirements contained in sections
741.30(7)(a)3 and (7)(c)1 and
784.046(8)(c)1, Florida Statutes, and to specifically clarify that service of the permanent injunction by mail is only effective upon a party who is present at the hearing which resulted in the issuance of the injunction. Subdivision (c)(4)(A) restates sections
741.30(5)(c) and
784.046(6)(c), Florida Statutes, with some expansion....
...This subdivision also makes the procedures in cases of domestic and repeat violence identical, resolving the inconsistencies in the statutes. Subdivision (c)(4)(B) makes the procedures in cases of domestic and repeat violence identical, resolving inconsistencies in the statutes. As stated in section 741.30(1)(c), Florida Statutes, in the event a subsequent cause of action is filed under chapter 61, Florida Statutes, any orders entered therein shall take precedence over any inconsistent provisions of an injunction for protection against d...
...lence. Pursuant to that statute, the petitioner may contact the clerk of the court of the circuit court of the county in which the violation is alleged to have occurred to obtain information regarding enforcement. Subdivision (c)(7) expands sections 741.30(2)(c)1 and (2)(c)2, Florida Statutes, to provide that the responsibility to assist a petitioner may not only be assigned to the clerk of court but also to the appropriate intake unit of the court....
...ENCE I, { name } ______, being duly sworn, do hereby certify that I do not have enough money to pay filing fees to the clerk of the circuit court or service fees to the Sheriff or other authorized law enforcement agencies and ask that, as allowed by section
741.30(2)(a) or section
784.046(3)(b), Florida Statutes, the fees be waived to process the petition and serve the injunction, subject to a later order of the court about the payment of those fees....
...K'S CERTIFICATE AS TO AFFIDAVIT AND REQUEST FOR WAIVER OF FEES I, _______________, as Clerk of the Circuit Court, do here by certify that on the ____ day of ________, 19__, I received and filed an Affidavit and Request for Waiver of Fees pursuant to § 741.30(2)(a) or § 784.04(3)(b), Florida Statutes, of _____, Petitioner, without prepayment of fee to the extent necessary to process the petition and serve the injunction, subject to a subsequent order of the court relative to the payment of such fees....
...___________ _____________________________________ Address Address __________________________________ _____________________________________ City State Zip City State Zip The Petition for Injunction for Protection Against Domestic Violence filed under section
741.30, Florida Statutes, or Repeat Violence under section
784.046, Florida Statutes, has been reviewed. This court, based on the claims presented in the petition finds as follows: *1204 ____ The claims in the petition for injunction for protection are not enough under Florida Law (section
741.30 or
784.046, Florida Statutes) to allow the court to issue an ex parte temporary injunction against domestic/repeat violence. ____ It does not appear that there is an immediate and present danger of domestic violence as required under section
741.30, Florida Statutes....
...______________ *1205 _______________________________, Petitioner and _______________________________, Respondent. ____________________________\ TEMPORARY INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE The petition for Temporary Injunction under section 741.30, Florida Statutes, and other papers filed in this court case have been reviewed....
...____________ Florida. If the Petitioner and Respondent do not appear, the Injunction may be continued in force, extended, dismissed and/or additional orders may be granted. II. FINDINGS The statements under oath by the Petitioner make it appear that section 741.30, Florida Statutes, applies to the parties because it appears that an immediate and present danger of domestic violence exists and that irreparable harm and injury will probably occur in the form of violence to Petitioner or persons lawfully with Petitioner unless this injunction is issued without notice....
...____________________________\ INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE (AFTER NOTICE) THIS CAUSE came on to be heard on { date } ____________, upon Petitioner's *1209 application for Injunction for Protection against Domestic Violence pursuant to section 741.30, Florida Statutes, with proper service of the temporary injunction and notice of hearing upon Respondent, this court being fully advised in the premises, and the Petitioner having established to the court's satisfaction that Petitioner...
...issed without prejudice. ____ That petitioner appeared but desires to voluntarily dismiss this action and, accordingly, the case is dismissed without prejudice. ____ The petitioner appeared, but did not sustain his/her burden of proof under section. 741.30 Florida Statutes and, accordingly, the case is dismissed....
...The respondent is subject to arrest for violation of the injunctive order even if you consent to the respondent's return to the residence unless the action is dismissed. For further information, see Florida Family Court Rule of Procedure 12.610 and section 741.30, Florida Statutes (1995)....
CopyCited 14 times | Published | Supreme Court of Florida | 1998 WL 765134
...in support of the violation of an order of injunction for protection against domestic or repeat violence. Commentary 1995 Adoption. A cause of action for an injunction for protection against domestic violence and repeat violence has been created by section 741.30, Florida Statutes (Supp....
...se of action is currently pending between the parties. However, the pendency of any such cause of action must be alleged in the petition. The relief the court may grant in a temporary or permanent injunction against domestic violence is set forth in section 741.30(6)....
...The facts and circumstances to be alleged under subdivision (b)(1)(B) include those set forth in Florida Family Law Form 12.980(d). The relief the court may grant in a temporary or permanent injunction against repeat violence is set forth in section
784.046(7), Florida Statutes. Subdivision (b)(4) expands sections
741.30(2)(c)1 and (2)(c)2, Florida Statutes, to provide that the responsibility to assist the petitioner may be assigned not only to the clerk of court but also to the appropriate intake unit of the court....
...r service. Subdivision (c)(3)(A) makes the procedure for service of a temporary order of injunction for protection against domestic violence and repeat violence consistent. This is intended to replace the differing requirements contained in sections
741.30(7)(b)3 and (7)(c)1 and
784.046(8)(a)1, Florida Statutes. Subdivision (c)(3)(B) makes the procedure for service of a permanent order of injunction for protection against domestic violence and repeat violence consistent. This is intended to replace the differing requirements contained in sections
741.30(7)(a)3 and (7)(c)1 and
784.046(8)(c)1, Florida Statutes, and to specifically clarify that service of the permanent injunction by mail is only effective upon a party who is present at the hearing which resulted in the issuance of the injunction. Subdivision (c)(4)(A) restates sections
741.30(5)(c) and
784.046(6)(c), Florida Statutes, with some expansion....
...This subdivision also makes the procedures in cases of domestic and repeat violence identical, resolving the inconsistencies in the statutes. Subdivision (c)(4)(B) makes the procedures in cases of domestic and repeat violence identical, resolving inconsistencies in the statutes. As stated in section 741.30(1)(c), Florida Statutes, in the event a subsequent cause of action is filed under chapter 61, Florida Statutes, any orders entered therein shall take precedence over any inconsistent provisions of an injunction for protection against d...
...epeat violence. Pursuant to that statute, the petitioner may contact the clerk of the the circuit court of the county in which the violation is alleged to have occurred to obtain information regarding enforcement. Subdivision (c)(7) expands sections 741.30(2)(c)1 and (2)(c)2, Florida Statutes, to provide that the responsibility to assist a petitioner may not only be assigned to the clerk of court but also to the appropriate intake unit of the court....
...referring Petitioner to a certified domestic violence center; and *263 any other terms the Court deems necessary for the protection of Petitioner and/or Petitioner's child(ren), including injunctions or directives to law enforcement agencies, as provided in section 741.30, Florida Statutes....
CopyCited 13 times | Published | Florida 1st District Court of Appeal | 1999 WL 931184
...n danger of imminent violence, no doubt recalling the acrimony of some years before and threats Mr. Gustafson made then. Accordingly, she filed a petition for injunction for protection against domestic violence, which was granted on August 19, 1998. Section 741.30(1)(a), Florida Statutes (1997), confers standing to seek an injunction against domestic violence on any person who has actually been the victim of domestic violence or who on some other basis has reasonable cause to believe that he or she faces impending danger from such violence. Entry of an injunction under section 741.30(1) has collateral consequences under 18 U.S.C....
...§ 922(g)(8), which prohibits possession of firearms by persons subject to domestic violence injunctions. See, e.g., Kanaszka v. Kunen, 313 N.J.Super. 600, 713 A.2d 565 (App.Div. 1998) (domestic violence injunction precluding career in law enforcement). On October 1, 1997, the legislature amended section 741.30(1)(a) to provide that a person must have reasonable cause to believe that he or she is in imminent danger of becoming a victim of domestic violence in order to be entitled to an injunction, see Ch. 97-155, § 5 at 2971, Laws of Fla. (1997), codified at § 741.30(1)(a), Fla....
CopyCited 12 times | Published | Florida 1st District Court of Appeal | 1997 WL 122716
...Husband appeals from an injunction against domestic violence which, among other things, awards custody of the parties' two minor children to the wife, appellee. The issue is whether the trial court erred by entering the injunction and awarding child custody without providing for an adequate hearing pursuant to section 741.30, Florida Statutes. We find that sections 741.30(5) and (6), Florida Statutes, and rule 12.610(c), Family Law Rules of Procedure, require at least that a party shall have a reasonable opportunity to present their case....
...In the instant case, the husband was deprived of that opportunity. We, therefore, reverse and *1272 remand for further proceedings. We also deny wife's request for attorney's fees because there is no statutory authorization to grant such fees as part of a proceeding brought pursuant to section 741.30, Florida Statutes (Supp.1996)....
...In focusing on a future hearing to be conducted at the time of dissolution, the court ignored the law which requires custody to be addressed at a permanent injunction hearing "on the same basis as provided in chapter 61[in] awarding temporary custody ...." § 741.30(6)(a)3, Fla.Stat....
...In regard to permanent injunctions in domestic violence cases, such as the one at issue in the instant case, rule 12.610(c)(1)(B), Florida Rules of Family Law Procedure, contains one plain unambiguous sentence: A full evidentiary hearing shall be conducted. Section 741.30, Florida Statutes, also anticipates a "full hearing" prior to issuing a permanent injunction. Section 741.30(5)(a) states that "the court may grant a temporary injunction ex parte, pending a full hearing. ..." (Emphasis added). The anticipated full hearing is the permanent injunction hearing to be held within 15 days of the ex parte injunction. § 741.30(5)(c)....
...t may grant such relief as the court deems proper, including an injunction: . . . . 3. On the same basis as provided in chapter 61, awarding temporary custody of or temporary visitation rights with regard to a minor child or children of the parties. § 741.30(6)(a), Fla.Stat....
CopyCited 12 times | Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 2636, 2011 WL 714456
...aring, we have no difficulty concluding that the circumstances that originally justified the injunction had not changed. We also conclude that the former husband made no showing that the injunction did not remain necessary to fulfill the purposes of section 741.30(6)(b), Florida Statutes (2010) ("In determining whether a petitioner has reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence, the court shall consider and evaluate all relevant factors alleged. . . ."). Although section 741.30(10), Florida Statutes, provides that either party may move for modification or dissolution of a domestic violence injunction at any time, the statute does not directly speak to the burden of proof upon the movant....
CopyCited 12 times | Published | Florida 2nd District Court of Appeal | 2007 WL 2066515
...Oettmeier made an unsworn statement to the court stating that the BB gun was only one of many things actually left in the house when he moved out on October 16, 2006, that he sold all of his other weapons long before that time, and that Mrs. Oettmeier was aware of this. Section 741.30(1)(a), Florida Statutes (2006), provides that a person with *904 "reasonable cause to believe he or she is in imminent danger of becoming the victim of any act of domestic violence" may obtain an injunction for protection against domestic violence....
...NOTES [1] The record indicates that Mr. Oettmeier was never sworn as a witness and was not afforded the opportunity to present a defense or testify prior to the trial court's announcement that it would grant the injunction. This is contrary to the intent of section 741.30(6), Florida Statutes (2006), and Florida Rule of Family Law Procedure 12.610(c)(1)(C), which contemplate a full evidentiary hearing prior to entering an injunction....
CopyCited 9 times | Published | Florida 5th District Court of Appeal | 2002 WL 1071533
...This short period did not allow Reed enough time for service of his motion on his wife; nor was there enough time to allow Reed to schedule a hearing on the matter. The 1998 judgment advises that either party to the injunction may ask the court to change or end the injunction at any time. That provision conforms to section 741.30, Florida Statutes, which also prescribes that privilege....
CopyCited 9 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 19849, 2010 WL 5351127
...Ultimately, the trial court granted the permanent injunction without ever considering testimony from the Former Husband’s witness. The Former Husband now appeals the final judgment of injunction, contending that it is not supported by competent, substantial evidence. Section
741.30(l)(a), Florida Statutes (2009), provides for the issuance of an injunction in favor of any family or household member, as defined in section
741.28(3), who is a victim of domestic violence or who “has reasonable cause to believe he o...
...egations, the parties’ behavior within the relationship, and the history of the relationship as a whole.” Giallanza v. Giallanza,
787 So.2d 162, 164 (Fla. 2d DCA 2001) (citing Gustafson v. Mauck,
743 So.2d 614, 616 (Fla. 1st DCA 1999)); see also §
741.30(6)(b)....
...Gill’s injunction, so the two (2) of you stay away from each other.” However, notwithstanding the trial court’s good intentions, the injunction in this case appears to be nothing more than the improper belated issuance of a mutual injunction. See § 741.30(l)(i) (providing that “[t]he court is prohibited from issuing mutual orders of protection” unless each party meets the statutory requirements for issuance of an injunction); see also Martin v....
CopyCited 9 times | Published | Florida 4th District Court of Appeal | 2013 WL 6479084, 2013 Fla. App. LEXIS 19640
...as opposed to evidentiary weight, is the appropriate concern of an appellate tribunal.’ ” Bñlhart v. BHlhart ex reí. S.L.B.,
116 So.3d 617, 619 (Fla. 2d DCA 2013) (quoting Tibbs v. State,
397 So.2d 1120, 1123 (Fla.l981))(alterations in original). Section
741.30(l)(a), Florida Statutes (2012), confers standing to seek an injunction against domestic violence on any person who has (1) actually been the victim of domestic violence, or (2) who on some other basis has reasonable cause to believe *241 that he or she faces impending danger from such violence....
CopyCited 9 times | Published | Florida 2nd District Court of Appeal | 2007 WL 2403855
...We agree that the trial court erred when it denied Mr. Smith his fundamental right to be heard. Accordingly, we reverse and vacate the order of the trial court. Alisa Smith, Mr. Smith's wife, sought the injunction. Florida Family Law Rule of Procedure 12.610(c)(4)(A) and section 741.30, Florida Statutes (2006), require that a full evidentiary hearing be held after the entry of an ex parte temporary injunction....
CopyCited 9 times | Published | Supreme Court of Florida | 1996 WL 473315
...for writ of prohibition. In his petition, Walker sought to prevent Judge E. Randolph Bentley from exercising his power of indirect criminal contempt to punish Walker's alleged violation of a domestic violence injunction, which was issued pursuant to section 741.30, Florida Statutes (Supp.1994)....
...In denying Walker's petition, the district court found that the legislature has no authority to limit a circuit court judge's inherent power of contempt, as it apparently attempted to do by restricting the circuit court's jurisdiction to the use of civil contempt in enforcing injunctions issued under section
741.30. In reaching its decision, the district court certified the following two questions as being of great public importance: IS THE WORD "SHALL" AS USED IN SECTION
741.30(8)(a), FLORIDA STATUTES (SUPP.1994), TO BE INTERPRETED AS MANDATORY RATHER THAN AS PERMISSIVE OR DIRECTORY? IF INTERPRETED AS MANDATORY, IS SECTION
741.30(8)(a), FLORIDA STATUTES (SUPP.1994), AN UNCONSTITUTIONAL ENCROACHMENT ON THE CONTEMPT POWER OF THE JUDICIARY IN VIOLATION OF ARTICLE II, SECTION 3 OF THE FLORIDA CONSTITUTION?
660 So.2d at 321. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. For the reasons expressed, we approve the well-reasoned opinion of the district court and answer the first question by finding that the word "shall" in section
741.30(8)(a) is to be interpreted as directory rather than mandatory. Our answer to the first question renders the second certified question moot. Section
741.30 creates a cause of action for and enforcement of injunctions for protection against domestic violence....
...Pertinent to this appeal is the 1994 amendment to the statute in which the legislature attempted to eliminate a circuit judge's use of indirect criminal contempt to enforce domestic violence injunction violations. Specifically, the legislature amended section 741.30 to provide in pertinent part as follows: (8)(a) The court shall enforce, through a civil contempt proceeding, a violation of an injunction for protection which is not a criminal violation under s....
...ples of statutory analysis impose a duty on the courts to interpret a statute so that it withstands constitutional scrutiny. Thus, the district court found it necessary to interpret the phrase " shall enforce, through a civil contempt proceeding" in section 741.30(8)(a) as being directory rather than mandatory for the statute to withstand constitutional scrutiny....
...By interpreting the word "shall" as directory only, we ensure that circuit court judges are able to use their inherent power of indirect criminal contempt to punish domestic violence injunction violations when necessary while at the same time ensuring that section 741.30 as a whole remains intact....
...Given our conclusion that the legislature cannot eliminate the court's indirect criminal contempt power, we find the underlined portion of section
741.2901(2) to be unconstitutional. This provides the consistency necessary to allow section
741.2901 to be read in conjunction with section
741.30(8)(a). Accordingly, we approve the decision of the district court and answer the first question by finding that the word "shall" in section
741.30(8)(a) is to be interpreted as directory rather than mandatory....
CopyCited 8 times | Published | Florida 3rd District Court of Appeal | 1996 WL 279224
...Before NESBITT, JORGENSON and GODERICH, JJ. NESBITT, Judge. The defendant-appellant, Victor Cordova, appeals a lower court order finding him guilty of indirect criminal contempt for violating an injunction for protection against domestic violence under section 741.30(9)(a), Florida Statutes (1993)....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 2005 WL 1105209
...District Court of Appeal of Florida, Second District. May 11, 2005. Andrew Bevan, Fort Myers, for Appellant. No appearance for Appellee. ALTENBERND, Chief Judge. Leon Young appeals a final judgment of injunction for protection against domestic violence entered against him pursuant to section 741.30, Florida Statutes (2003)....
...*373 In order to be entitled to a domestic violence injunction, Ms. Smith was required to establish either that she had been the victim of an act of domestic violence or that she had reasonable cause to believe she was in imminent danger of becoming the victim of an act of domestic violence. See § 741.30(1)(a); see also Giallanza v....
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 2006 WL 544551
...March 8, 2006. *409 Mitchell Haymes of Law Offices of Glantz & Glantz, P.A., Plantation, for appellant. No brief filed for appellee. GROSS, J. Michael Lopez appeals a final judgment of injunction for protection against domestic violence, entered pursuant to section 741.30, Florida Statutes (2005)....
...Under the circumstances, he had a "reasonable opportunity to present [his] case prior to the court making its decision." Semple v. Semple,
763 So.2d 484, 486 (Fla. 4th DCA 2000). We also reject the former husband's claim that the court abused its discretion in entering the injunction for protection. For a court to issue a section
741.30 injunction, a petitioner must establish that he or she is either a "victim of domestic violence as defined in section
741.28 or has reasonable cause to believe he or she is in imminent danger of becoming the victim of any act of domestic violence." §
741.30(1)(a), Fla....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 1994 WL 594729
...We now examine the charges before us. Miranda was charged with aggravated stalking under section
784.048(4). Therefore, both the aggravated stalking charge and the contempt charge require proof that an injunction for protection has been issued pursuant to section
741.30....
...ggravated stalking prosecution is not barred by double jeopardy. We reverse the dismissal of the aggravated stalking charge and remand for further proceedings in accordance with this opinion. HALL, A.C.J., and BLUE, J., concur. NOTES [1] Pursuant to section 741.30, Florida Statutes (1993)....
...lly protected activity includes picketing or other organized protests. ... . (4) Any person who, after an injunction for protection against repeat violence pursuant to s.
784.046, or an injunction for protection against domestic violence pursuant to s.
741.30, or after any other court-imposed prohibition of conduct toward the subject person or that person's property, knowingly willfully, maliciously, and repeatedly follows or harasses another person commits the offense of aggravated stalking, a felony of the third degree, punishable as provided in s....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 2001 WL 669350
...Moore sharing his frustration about the divorce. The process server himself could not tell whether Mr. Moore was serious or had any intention of harming Ms. Hall. In order for the court to issue an injunction for protection against domestic violence pursuant to section 741.30, Florida Statutes (1999), Ms....
...Kopelovich, 26 Fla. L. Weekly D934, ___ So.2d ___,
2001 WL 332488 (Fla. Apr. 6, 2001). See also Cleary v. Cleary,
711 So.2d 1302, 1302 n. 1 (Fla. 2d DCA 1998) (affirming issuance of injunction based upon "modest" evidence, but noting that 1997 amendments to section
741.30 require future petitioners to show reasonable cause to believe petitioner is in "imminent danger")....
CopyCited 7 times | Published | Supreme Court of Florida | 23 Fla. L. Weekly Supp. 105, 1998 Fla. LEXIS 475, 1998 WL 166533
...at the permanent injunction will be served by mail, should be sufficient. The justification for the amendment is the difficulty in finding a respondent after the respondent is removed from the parties' joint residence. The domestic violence statute, section 741.30, Florida Statutes (1997), appears to have conflicting provisions regarding this issue. However, at least one provision in this statute specifically requires personal service of the permanent injunction. See § 741.30(7)(c)1....
...We received many comments from both judges and prosecutors opposing any change that would allow service by mail due to concerns about enforcement of the injunction and prosecution of injunction violations. We agree with those concerns. We conclude that the rule should not be amended to allow service by mail. Section 741.30 has also been revised to provide that the terms of an injunction are to remain in effect until modified or dissolved. See § 741.30(6)(b)....
...in support of the violation of an order of injunction for protection against domestic or repeat violence. Commentary 1995 Adoption. A cause of action for an injunction for protection against domestic violence and repeat violence has been created by section 741.30, Florida Statutes (Supp....
...se of action is currently pending between the parties. However, the pendency of any such cause of action must be alleged in the petition. The relief the court may grant in a temporary or permanent injunction against domestic violence is set forth in section 741.30(6)....
...The facts and circumstances to be alleged under subdivision (b)(1)(B) include those set forth in Florida Family Law Form 12.980(d). The relief the court may grant in a temporary or permanent injunction against repeat violence is set forth in section
784.046(7), Florida Statutes. Subdivision (b)(4) expands sections
741.30(2)(c)1 and (2)(c)2, Florida Statutes, to provide that the responsibility to assist the petitioner may be assigned not only to the clerk of court but also to the appropriate intake unit of the court....
...r service. Subdivision (c)(3)(A) makes the procedure for service of a temporary order of injunction for protection against domestic violence and repeat violence consistent. This is intended to replace the differing requirements contained in sections
741.30(7)(b)3 and (7)(c)1 and
784.046(8)(a)1, Florida Statutes. Subdivision (c)(3)(B) makes the procedure for service of a permanent order of injunction *25 for protection against domestic violence and repeat violence consistent. This is intended to replace the differing requirements contained in sections
741.30(7)(a)3 and (7)(c)1 and
784.046(8)(c)1, Florida Statutes, and to specifically clarify that service of the permanent injunction by mail is only effective upon a party who is present at the hearing which resulted in the issuance of the injunction. Subdivision (c)(4)(A) restates sections
741.30(5)(c) and
784.046(6)(c), Florida Statutes, with some expansion....
...This subdivision also makes the procedures in cases of domestic and repeat violence identical, resolving the inconsistencies in the statutes. Subdivision (c)(4)(B) makes the procedures in cases of domestic and repeat violence identical, resolving inconsistencies in the statutes. As stated in section 741.30(1)(c), Florida Statutes, in the event a subsequent cause of action is filed under chapter 61, Florida Statutes, any orders entered therein shall take precedence over any inconsistent provisions of an injunction for protection against d...
...lence. Pursuant to that statute, the petitioner may contact the clerk of the court of the circuit court of the county in which the violation is alleged to have occurred to obtain information regarding enforcement. Subdivision (c)(7) expands sections 741.30(2)(c)1 and (2)(c)2, Florida Statutes, to provide that the responsibility to assist a petitioner may not only be assigned to the clerk of court but also to the appropriate intake unit of the court....
...of petitioner } _____________________________________, certify that I do not have enough money to pay filing fees to the Clerk of the Circuit Court or service fees to the sheriff or other authorized law enforcement agency and ask that, as allowed by section
741.30(2)(a) or section
784.046(3)(b), florida Statutes, the fees be waived subject to a later order of the Court about the payment of those fees....
...referring Petitioner to a certified domestic violence center; and any other terms the Court deems necessary for the protection of Petitioner and/or Petitioner's child(ren), including injunctions or directives to law enforcement agencies, as provided in section 741.30, Florida Statutes....
...ORDER SETTING HEARING ON THE PETITION FOR INJUNCTION FOR PROTECTION AGAINST ( ) DOMESTIC VIOLENCE ( ) REPEAT VIOLENCE WITHOUT ISSUANCE OF AN INTERIM TEMPORARY INJUNCTION *276 The Petition for Injunction for Protection Against Domestic Violence filed under section
741.30, Florida Statutes, or Repeat Violence under section
784.046, Florida Statutes, has been reviewed....
...____________ __________________________________, Petitioner, and __________________________________, Respondent. TEMPORARY INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE The Petition for Injunction for Protection Against Domestic Violence under section 741.30, Florida Statutes, and other papers filed in this Court have been reviewed....
..._______________, { telephone } _______, *279 within 2 working days of your receipt of this temporary injunction. If you are hearing or voice impaired, call TDD 1-800-955-8771. FINDINGS The statements made under oath by Petitioner make it appear that section 741.30, Florida Statutes, applies to the parties....
...________________________, Petitioner, and __________________________________, Respondent. FINAL JUDGMENT OF INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE (AFTER NOTICE) The Petition for Injunction for Protection Against Domestic Violence under section 741.30, Florida Statutes, and other papers filed in this Court have been reviewed....
...notice. Note: If respondent meets any of the above enumerated criteria, the Court must order the Respondent to attend a batterers' intervention program unless it makes written factual findings stating why such a program would not be appropriate. See § 741.30(6)(d), Florida Statutes....
..._____________________________________ ___ d. Petitioner is referred to a certified domestic violence center and is provided with a list of certified domestic violence centers in this circuit, which Petitioner may contact. 5. Court Costs. Pursuant to section 741.30(2)(a), Florida Statutes, filing fees to the Clerk of the Circuit Court and service fees to the sheriff are waived, subject to subsequent order of the Court; OR costs in the amount of $_____ for the filing fee, plus $_____ for the sheri...
...IOLENCE [√ all that apply] ___ Petitioner failed to appear at the hearing scheduled in this cause. ___ Petitioner appeared at the hearing but desires to voluntarily dismiss this action. ___ The evidence presented is insufficient under Florida law (section
741.30 or
784.046, Florida Statutes) to allow the Court to issue an injunction for protection against domestic or repeat violence....
...nd it appearing to the Court as follows: ___ Ex parte. The claims in the petition for extension of injunction for protection make it appear to the Court that there is an immediate and present danger of domestic and repeat violence, as required under section
741.30 or section
784.046, Florida Statutes, the previously entered injunction is extended until { date } _______________, A full hearing on the petition is scheduled for { date } ______________ at __________ a.m./p.m....
CopyCited 7 times | Published | Supreme Court of Florida | 2010 WL 455267
...This Court has "recognized the importance of the constitutional guarantee of citizen access to the courts, with or without an attorney." State v. Spencer,
751 So.2d 47, 48 (Fla. 1999) (citing Rivera v. State,
728 So.2d 1165, 1166 (Fla.1998)). In the context of domestic and repeat violence, section
741.30(1)(f) of the Florida Statutes (2009), states, "This cause of action for an injunction shall not require that either party be represented by an attorney." To ensure that potential victims of domestic violence have access to the courts, the Legislature waived the filing fee for domestic violence petitions. See §
741.30(2)(a), Fla....
CopyCited 7 times | Published | Florida 5th District Court of Appeal | 1996 WL 714000
...Petitioner alleged in his motion to disqualify that for an undetermined time Judge Baker permitted petitioner's wife's attorney to appear before him ex parte, without notice to petitioner or his attorney, to discuss the wife's request for entry of an injunction for protection pursuant to section 741.30(5)(a), Florida Statutes....
...adverse effect upon the petitioner's career. [1] Petitioner alleged he felt compelled to accept the wife's stipulation because of Judge Baker's comments. He later learned that the petition for injunction did not meet the requirements of subsections 741.30(3)(a) and (b), Florida Statutes, because it failed to set forth with specificity the required statutory allegations; it had not been filed with either the clerk of the court or Judge Baker; notice of the petition for injunction was not served...
...ent." The petitioner filed this petition for prohibition. This court issued an order to show cause and Judge Baker filed a pro se response. First, the trial court should not have participated in an ex parte meeting with petitioner's wife's attorney. Section 741.30(5)(a) does allow for the issuance of an ex parte temporary injunction pending a full hearing. However, the trial court is limited to ruling upon verified pleadings or affidavits. No other evidence may be considered unless the respondent appears. See § 741.30(5)(b), Fla....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 5955, 2010 WL 1728707
...[1] "A court may issue an injunction when it appears that the petitioner is either the victim of domestic violence or `has reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence.'" Ambrefe v. Ambrefe,
993 So.2d 98, 98 (Fla. 2d DCA 2008) (quoting §
741.30(1)(a), Fla....
...allegations, the parties' behavior within the relationship, and the history of the relationship as a whole." Giallanza v. Giallanza,
787 So.2d 162, 164 (Fla. 2d DCA 2001) (citing Gustafson v. Mauck,
743 So.2d 614, 616 (Fla. 1st DCA 1999)); see also §
741.30(6)(b), Fla....
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 1996 WL 368409
...ay, 1995 and the 16th day of May, 1995, in said County and State, did, in violation of Florida Statute
784.048(4), knowingly, willfully, maliciously and repeatedly follow or harass Carol Jones after an injunction for protection under Florida Statute
741.30 had been duly issued and served....
...hat he: on the 30th day of April, 1995, in said County and State, did, in violation of Florida Statute
784.048(4), knowingly, willfully, maliciously and repeatedly follow or harass Carol Jones after an injunction for protection under Florida Statute
741.30 had been duly issued and served....
...We reverse. Section
784.048(4), Florida Statutes defines "aggravated stalking": *1338 Any person who, after an injunction for protection against repeat violence pursuant to s.
784.046, or an injunction for protection against domestic violence pursuant to s.
741.30, or after any other court-imposed prohibition of conduct toward the subject person or that person's property, knowingly, willfully, maliciously, and repeatedly follows or harasses another person commits the offense of aggravated stalking, a felony of the third degree, punishable as provided in s....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 1917, 2011 WL 522868
...In order for the trial court to issue an injunction for protection against domestic violence, the party seeking the injunction must establish that he or she has an objectively reasonable fear that he or she is in “imminent danger of becoming the victim of any act of domestic violence.” § 741.30(l)(a), Fla....
...four previous petitions for domestic violence injunction filed by the parties (three by Ms. Rich and one by Mr. Randolph), all of which were dismissed. While a petitioner does not have to wait for abuse to occur in order to seek an injunction under section
741.30, Florida Statutes, see Gustafson,
743 So.2d at 616 , the law requires more than general relationship problems and uncivil behavior to support the issuance of an injunction....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 1991 WL 147543
...injunction to stay or abate the husband's "rights to [child] visitation" because of her fear of domestic violence. We hold that Rule 1.610 should not be utilized to obtain an injunction against domestic violence. Our legislature specifically enacted section 741.30 of the Florida Statutes to enable a victim to seek an injunction for that purpose. [1] For procedural reasons, section 741.30 of the Florida Statutes should be the exclusive method to obtain an injunction for protection against domestic violence. Paragraph (d) of the form petition set forth in section 741.30(2)(b) reads, "The following describes any other cause of action currently pending between the petitioner and respondent:"....
...by administrative order) to the trial judge assigned to hear the pending cause of action between the petitioner and respondent. Having the same judge hear both matters curtails the opportunity to "judge or forum shop." Also, unlike Rule 1.610(a)(2), section 741.30(6)(a) allows the trial court to grant a temporary injunction ex parte without any reason given for the lack of notice. When the petitioner alleges domestic violence the reason for the lack of notice is apparent to the trial judge. Nevertheless, we conclude that the wife's petition substantially followed the form outlined in section 741.30(4)(b) and should be considered to be a petition filed pursuant to section 741.30(2)(b). We note that her petition in part alleged that "[p]etitioner has reasonable cause to fear domestic violence as defined by Florida Statute 741.30... ." We interpret the "temporary custody" relief provision of section 741.30(6)(a)2 to include sole temporary custody....
...would have been more appropriate. [2] Each child, if an adult, could have on their own sought and obtained an injunction against domestic violence. The children are blood relatives of their father and had resided with him in a single dwelling unit, section 741.30(2)(e), and they, like their mother, had reasonable cause to believe that they were about to become the victims of an act of domestic violence. *127 § 741.30(2)(a), Fla....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 13825, 36 Fla. L. Weekly Fed. D 1928
...c violence. Although he raises three issues on appeal, we address only whether the hearing on the injunction satisfied due process requirements. Because the trial court entered the injunction without conducting a full evidentiary hearing pursuant to section 741.30(5), Florida Statutes (2010), its actions constitute a due process violation. We reverse and remand for further proceedings. Parties are entitled to a full hearing prior to the trial court issuing a permanent injunction. See § 741.30, Fla....
...L.R.P. 12.610(c)(1)(C) (providing that "the court shall conduct a hearing and make a finding of whether domestic violence occurred or whether imminent danger of domestic violence exists"); Lewis v. Lewis,
689 So.2d 1271, 1273 (Fla. 1st DCA 1997) ("Section
741.30[] anticipates a "full hearing" prior to issuing a permanent injunction")....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 1995 WL 508902
...The petitioner, Robert James Walker, seeks a writ of prohibition restraining the respondent circuit judge from exercising jurisdiction in an indirect criminal contempt proceeding initiated to punish him for an alleged violation of a domestic violence injunction issued pursuant to section 741.30, Florida Statutes (Supp. 1994). He contends that the provisions of section 741.30(8)(a), Florida Statutes (Supp....
...ctrine of the separation of powers embodied in article II, section 3 of the Florida *316 Constitution, to limit the jurisdiction of a circuit court in the exercise of its constitutionally inherent power of contempt. Furthermore, although we construe section 741.30(8)(a) in a manner consistent with the constitution, we certify two questions of great public importance regarding its interpretation and constitutionality. ANALYSIS OF DOMESTIC VIOLENCE LEGISLATION In 1984, the legislature substantially revised section 741.30, Florida Statutes (1983), by creating a simplified, expedited procedure for obtaining from a circuit court an injunction for protection against domestic violence. See Ch. 84-343, § 10, at 1987-1990, Laws of Fla. (codified at section 741.30, Fla....
...Such an injunction could now "be obtained directly, quickly, without an attorney's help, and at little monetary cost." Office of State Attorney v. Parrotino,
628 So.2d 1097, 1099 (Fla. 1993). The legislature also provided that the court issuing the injunction was required to enforce compliance through "contempt proceedings." §
741.30(9)(a), Fla....
...1984). In 1986, the legislature again amended the statute by providing that the court issuing the injunction "shall enforce" compliance through "civil or indirect criminal contempt proceedings." See Ch. 86-264, § 1, at 1973, Laws of Fla. (codified at § 741.30(9)(a), Fla....
...orce, 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. Stat. (Supp. 1994). It substantively codified this intent in section
741.30(8)(a), which provides in part that "[t]he court shall enforce, through a civil contempt proceeding, a violation of an injunction for protection which is not a criminal violation under s....
...741.31." (Emphasis added.) This revision purported to divest the circuit courts of their previous statutory authority to use an indirect criminal contempt proceeding as one of the methods to enforce compliance with any violation of a domestic violence injunction. See § 741.30(9)(a), Fla....
...r to a circuit court to enforce a violation of a domestic injunction occurring on or after July 1, 1995. See Ch. 95-195, § 5, at 1400, Laws of Fla. Notwithstanding this legislative change of mind, however, the separation of powers issue inherent in section 741.30(8)(a), Florida Statutes (Supp....
...1 A.L.R. 215, 216 (1939) (stating general rule "that the legislature cannot abridge or destroy the judicial power to punish for contempt, since a power which the legislature does not give, it cannot take away."). Accordingly, the respondent's use of section 741.30 as the sole basis for issuing the injunction did not limit him to the use of the species of contempt provided for in the statute because, as noted, the legislature had no *319 authority in the first instance to control the type of contempt to be used in enforcing compliance with such an injunction....
...ranch from encroachment by another. Pepper v. Pepper,
66 So.2d 280 (Fla. 1953). Given our analysis of the law of contempt in conjunction with this constitutional framework, we conclude that the legislature's attempt by the use of the word "shall" in section
741.30(8)(a), to limit the judiciary's authority to civil contempt proceedings for the enforcement of domestic violence injunctions contravenes article II, section 3 of the Florida Constitution....
...1985); see also Fernandez v. Kellner,
55 So.2d 793 (Fla. 1951) (court's power and authority to punish by contempt a willful violation of an injunction cannot be questioned), appeal dismissed,
344 U.S. 802,
73 S.Ct. 40,
97 L.Ed. 625 (1952). CONSTITUTIONAL ANALYSIS OF SECTION
741.30(8)(a), FLORIDA STATUTES (SUPP....
...word is to be interpreted as permissive or directory, rather than mandatory. Rich v. Ryals,
212 So.2d 641 (Fla. 1968); Simmons,
160 Fla. 626,
36 So.2d 207. In reliance on this principle, we conclude that the legislature's use of the word "shall" in section
741.30(8)(a), Florida Statutes (Supp....
...Genung,
300 So.2d 271 (Fla. 2d DCA 1974). Given this interpretation, we specifically hold that a circuit court has the inherent authority, if it so chooses in its discretion, to enforce compliance with a domestic violence injunction issued pursuant to section
741.30, Florida Statutes (Supp....
...Accordingly, because our decision has statewide significance in an area involving how to best address one of the most serious problems confronting our society violence within the domestic context we certify the following questions of great public importance: IS THE WORD "SHALL" AS USED IN SECTION 741.30(8)(a), FLORIDA STATUTES (SUPP. 1994), TO BE INTERPRETED AS MANDATORY RATHER THAN AS PERMISSIVE OR DIRECTORY? IF INTERPRETED AS MANDATORY, IS SECTION 741.30(8)(a), FLORIDA STATUTES (SUPP....
...However, the provision that "indirect criminal contempt may no longer be used to enforce compliance with injunctions for protection against domestic violence" applies not only to violations that would now be deemed misdemeanor offenses, but also to non-criminal violations as well. This legislative intent is implemented in section 741.30(8)(a), Florida Statutes (Supp....
...[10] See also 16 Am.Jur.2d Constitutional Law § 296 (1979); John E. Nowak, et al., Constitutional Law 135-37 (2d ed. 1983). [11]
741.31 Violation of an injunction for protection against domestic violence. A person who willfully violates an injunction for protection against domestic violence, issued pursuant to s.
741.30, by: (1) Refusing to vacate the dwelling that the parties share; (2) Returning to the dwelling or the property that the parties share; (3) Committing an act of domestic violence against the petitioner; or (4) Committing any other violation...
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 2012 WL 3930370, 2012 Fla. App. LEXIS 15112
PER CURIAM. Cheryl B. Young appeals the trial court’s issuance of a domestic violence injunction against her pursuant to section 741.30, Florida Statutes (2011)....
...She filed a paper in the divorce proceeding that contained extensive personal information taken from the emails. The trial court rejected Ms. Young’s explanation for her conduct and issued the injunction. In denying her motion for rehearing, the trial court suggested that her conduct amounted to cyberstalking. Section
741.30(6) authorizes the court to issue an injunction when a person shows that he or she has been or is in imminent danger of being a victim of domestic violence as defined in section
741.28....
CopyCited 5 times | Published | District Court of Appeal of Florida
process prior to the entry of its orders. Section
741.30(4), Florida Statutes (2017), provides that
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 1998 WL 796725
...cise the visitation he was awarded as the respondent in a domestic violence proceeding. We reverse. This action began in September of 1997 when O'Neill filed a standardized petition for injunction for protection against domestic violence pursuant to section 741.30, Florida Statutes (1997)....
...Therefore, we reverse the order of the trial court directing O'Neill to relocate to Florida with the minor child and remand for further proceedings in accordance with this opinion. Reversed and remanded. ALTENBERND, A.C.J., and CASANUEVA, J., Concur. NOTES [1] Section 741.30(6)(a), Florida Statutes (1997), provides that injunctions may award temporary custody, visitation rights and support for a minor child "[o]n the same basis as provided in chapter 61." [2] See Chapter 97-242, Laws of Florida, effective...
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 1999 WL 1015605
...In Simpson, we held that a wrongful death suit against the city's police department would not be barred by sovereign immunity if it was alleged that the police released, after an arrest, a domestic violence injunction violator, without taking the violator before the court as prescribed by section 741.30(9)(b), Florida Statutes....
...s consistently denied. [7] See Maciejewski v. Holland,
441 So.2d 703, 704 (Fla. 2d DCA 1983)(all material allegations of the complaint are taken as true; court is not allowed to speculate as to whether allegations can be proven at a later time). [8] Section
741.30(9)(b) provides in pertinent part that: In the event the respondent is arrested by a law enforcement officer under the authority of s....
...741.31, the respondent shall be held in custody and brought before the court as expeditiously as possible for the purpose of enforcing the injunction. The respondent may be admitted to bail in accordance with the provisions of chapter 903 and the applicable rules of criminal procedure, pending a hearing. § 741.30(9)(b), Fla....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 2005 WL 1036610
...sten Pope, his wife, who petitioned for the injunction and was afforded a full opportunity to testify and to present witnesses. We reverse and remand with directions to the trial court to conduct a prompt, full evidentiary hearing in accordance with section 741.30, Florida Statutes (2004)....
...Like the appellant in the instant case, Mr. Miller attempted to offer evidence but was refused such an opportunity before the trial court extended the temporary injunction for six more months. The Fourth District Court reversed on the ground that "[s]ection 741.30 does not contemplate the extension of a temporary injunction for such a period, nor the entry of a permanent injunction without a full hearing." Id. The cause was remanded with directions to the trial court to conduct a full evidentiary hearing in accordance with section 741.30(5)(c) and the rules of family law. See id. Based on the sound reasoning in Miller and the due-process requirements of section 741.30, Florida Statutes (2004), we REVERSE the final judgment of injunction for protection against domestic violence and REMAND, with instructions to the trial court to afford the parties a full evidentiary hearing....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 1998 WL 279219
...1997 amendments, [1] we conclude that Mr. Cleary's wife had standing and that this court cannot reweigh the trial court's factual decision. See Tsavaris v. NCNB Nat'l Bank of Fla.,
497 So.2d 1338 (Fla. 2d DCA 1986). Accordingly, we affirm the order. Section
741.30(1)(c), Florida Statutes (Supp.1996), provides that orders entered in a subsequently filed dissolution proceeding take precedence over conflicting provisions in an injunction concerning matters governed by chapter 61....
...ng on the permanent injunction, but we will not reverse those rulings because the trial judge in the dissolution proceeding has authority to make more deliberate decisions. Affirmed. BLUE, J., and YOUNG, ROBERT A., Associate Judge, concur. NOTES [1] Section 741.30(1)(a), Florida Statutes (Supp....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 2014 Fla. App. LEXIS 7706, 2014 WL 2116362
...e petition, and following the statutorily-prescribed ex parte review of the petition, 2 the trial court denied a temporary injunction, finding there was “no appearance of an immediate and present danger of domestic violence as required pursuant to § 741.30, Florida Statutes.” The trial court set a final hearing on the petition for a permanent injunction....
...n injunction for protection against domestic violence.” The ensuing subsections establish the procedures which are to be followed by a petitioner initiating a cause of action and seeking such permanent injunctive relief. Relevant for our purposes, section 741.30(3)(a) provides: The sworn petition shall allege the existence of such domestic violence and shall include the specific facts and circumstances upon the basis of which relief is sought. (Emphasis added) Further, section 741.30(6)(b) provides: In determining whether a petitioner has reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence, the court shall consider and evaluate all relevant facts alleged in the petition, including but not limited to.......
...cond extension of the temporary injunction and the matter was set for a hearing. After taking testimony, the trial court again extended the temporary injunction, this time for an additional year. The husband appealed and the Fifth District held that section 741.30 does not contemplate the issuance of a series of temporary injunctions in lieu of a permanent injunction....
...etition that may properly be filed. 4 Reversed and remanded with directions. . There is no dispute that Marin and Sanchez are "family members” as defined in section
741.28, Florida Statutes (2013), because they did live together in the past. . See §
741.30(5)(a), Fla....
....What is relevant however, is the fact that, between the date of the denial of the temporary injunction and the date of the final hearing (a period of nearly four months) Marin never amended her petition to add any allegations of intervening acts by Sanchez. . See § 741.30(5)(b) (“Nothing herein affects a petitioner’s right to promptly amend any petition, or otherwise be heard in person on any petition consistent with the Florida Rules of Civil Procedure.’’)....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 1997 WL 137990
...Riggs of Hunt, Cook, Riggs, Mehr & Miller, P.A., Boca Raton, for appellant. *529 John A. Kovarik, West Palm Beach, for appellee. PER CURIAM. Matthew P. Miller appeals an order entering a six-month injunction for protection against domestic violence under section 741.30, Florida Statutes, restraining and enjoining him from domestic violence against his wife, Mary Karen Miller, excluding him from their residence, and awarding the wife temporary custody of the parties' minor child, allowing the husband...
...Again, the record does not indicate that the wife filed any petition for extension or gave the husband notice of such a petition, nor does the wife suggest that she did. Without requiring the wife to make any showing of good cause for the extension, see § 741.30(5)(c), Fla.Stat....
...DSA Marine Sales & Serv., Inc. v. County of Manatee,
661 So.2d 907 (Fla. 2d DCA 1995). On no more than the wife's bare verified petition, with no opportunity to contest her allegations, the husband has been restrained from his home and his child for a six-month period. Section
741.30 does not contemplate the extension of a temporary injunction for such a period, nor the entry of a permanent injunction without a full hearing. Accordingly, we reverse and remand for the trial court promptly to conduct a full evidentiary hearing pursuant to section
741.30(5)(c) and rule 12.610(c)(1)(B)....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 2014 WL 1168847, 2014 Fla. App. LEXIS 4295
...Appellee’s testimony describes an incident of domestic violence, as defined in section
741.28, Florida Statutes, and provides the requisite evidentiary support for the trial court’s decision to grant the petition. See Abravaya v. Gonzalez,
734 So.2d 577 (Fla. 3d DCA 1999); §
741.30(6)(a), Fla....
...In sum, because the record contains competent substantial evidence to support the injunction, we are required to affirm. This does not preclude Appellant from seeking to modify or dissolve the injunction if, as he contends in his appellate filings, circumstances have changed since the entry of the injunction. See § 741.30(10), Fla....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2008 WL 724195
...This motion requested the same relief and alternatively asked for an evidentiary hearing. Judge Goldenberg's judicial assistant returned *703 the letter and motion with a memorandum explaining that the original motion had been denied by Judge Dijols. Here, the former boyfriend argues that section 741.30(6)(c), Florida Statutes (2007), provides for a motion to modify or dissolve an injunction at any time....
...The court stated that the "short period did not allow . . . enough time for . . . a hearing on the matter."
816 So.2d at 1247. In Madan, the Third District reversed a trial court's summary denial of a motion to set aside a domestic violence injunction. Relying on section
741.30(6)(b), the court held that the "trial court should have allowed the [movant] to present evidence regarding the initial procurement of the injunction."
729 So.2d at 416....
CopyCited 5 times | Published | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 180, 2010 Fla. LEXIS 405, 2010 WL 958075
...(x) Identifying information in clinical records of detained criminal defendants found incompetent to proceed or acquitted by reason of insanity. §
916.107(8), Fla. Stat. (xi) Estate inventories and accountings. §
733.604(1), Fla. Stat. (xii) The victim's address in a domestic violence action on petitioner's request. §
741.30(3)(b), Fla....
..._____ Identifying information in clinical records of detained criminal defendants found incompetent to proceed or acquitted by reason of insanity. §
916.107(8), Fla. Stat. _____ Estate inventories and accountings. §
733.604(1), Fla. Stat. _____ Victim's address in domestic violence action on petitioner's request. §
741.30(3)(b), Fla....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2001 Fla. App. LEXIS 8038, 2001 WL 649518
...ending action. [1] In the instance of protection from personal harm, such as a petition for protection against domestic violence, a request *659 for a temporary injunction in the absence of a request for permanent relief may well be appropriate. See § 741.30, Fla....
CopyCited 5 times | Published | Supreme Court of Florida | 1998 WL 315150
...ted by the Legislature and of making policy recommendations to the Legislature"). We recently reaffirmed a court's inherent contempt powers in Walker v. Bentley,
678 So.2d 1265 (Fla.1996). In Walker, we considered the legislature's 1994 amendment to section
741.30, Florida Statutes (1993), which created a cause of action for violation of and provided for the enforcement of injunctions for protection against domestic violence....
...NOTES [1] The following facts are taken from the district court's opinion. Washington,
704 So.2d at 54142. [2] Section
741.31(4)(b) provides: (4) A person who willfully violates an injunction for protection against domestic violence, issued pursuant to S.
741.30, by: .......
...enforce, through a civil contempt proceeding, a violation of an injunction for protection which is not a criminal violation under s.
741.31. The court may enforce the respondent's compliance with the injunction by imposing a monetary assessment. See §
741.30, Fla....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2000 WL 873698
...Appellant was denied due process when the trial court entered Final Judgment of Injunction for Protection Against Domestic Violence and awarded temporary custody of the parties' minor child to the mother without being afforded a full evidentiary hearing in accordance with section 741.30(5), Florida Statutes (Supp.1998)....
...the number of cases being heard that day and suggested instead, that once the parties filed for divorce, appellant could petition the court to consolidate this case with the dissolution action and request a full evidentiary hearing. This was error. Section
741.30 anticipates a full hearing prior to issuing a permanent injunction. See Lewis v. Lewis,
689 So.2d 1271, 1273 (Fla. 1st DCA 1997). Section
741.30(5)(a) provides that "[w]hen it appears to the court that an immediate and present danger of domestic violence exists, the court may grant a temporary injunction ex parte, pending a full hearing, and may grant such relief as the court deems proper, including an injunction." (emphasis supplied). A full hearing, as provided by this section, shall be set for a date no later than the date when the temporary injunction ceases to be effective. §
741.30(5)(c), Fla. Stat. (Supp.1998). The anticipated full hearing is the permanent injunction hearing to be held within 15 days of the ex parte injunction. See Lewis,
689 So.2d at 1273. Section
741.30(6)(a) provides that upon notice and hearing, the court may on the same basis as provided in chapter 61, award temporary custody of, or temporary visitation rights with regard to, a minor child or children of the parties....
...We cannot, however, ignore the dictates of the Florida Statutes and Family Law Rules as well as the requirements of fundamental due process concerning procedures to be utilized in making this critical decision. See id. The court held that sections 741.30(5) and (6) and rule 12.610, Family Law Rules of Procedure, require at least that a party shall have a reasonable opportunity to present their case prior to the court making its decision....
...ations previously relied on are not true. The witnesses should be sworn, each party should be permitted to call witnesses with relevant information, and cross-examination should be permitted); Miller v. Miller,
691 So.2d 528, 529 (Fla. 4th DCA 1997)(section
741.30 does not contemplate the extension of a temporary injunction for a long period, nor the entry of a permanent injunction without a full hearing)....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 1999 WL 72081
...Before JORGENSON, GODERICH and SORONDO, JJ. PER CURIAM. The husband, Robert Madan, appeals from an order denying his motion to set aside a permanent injunction for protection against domestic violence. We reverse and remand with instructions. Because section 741.30(6)(b), Florida Statutes (1997), provides that "[e]ither party may move at any time to modify or dissolve the injunction," the trial court should have allowed the husband to present evidence regarding the initial procurement of the injunction....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 18566, 2010 WL 4909640
...On the merits, the injunction for protection against domestic violence is quashed because the petition did not allege, and the testimony at hearing did not establish, that the appellant and the appellee resided in the same household as required by section 741.30, Florida Statutes (2007)....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 2006 WL 2251848
...court found sufficient contacts existed in order to invoke the jurisdiction of the court. On the same day this order was filed, the trial court entered its final order of injunction for protection against domestic violence. II. PERSONAL JURISDICTION Section 741.30, Florida Statutes (2005), provides a cause of action for an injunction for protection against domestic violence....
...e court had jurisdiction over the parties and matter under the laws of Florida and that reasonable notice and opportunity to be heard was given to the person against whom the order is sought sufficient to protect that person's right to due process." § 741.30(6)(d)3, Fla....
...2265, an injunction for protection against domestic violence issued by a court of a foreign state must be accorded full faith and credit by the courts of this state and enforced by a law enforcement agency as if it were the order of a Florida court issued under s. 741.30, s....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 2002 WL 1800722
...After an evidentiary hearing, the trial court extended the injunction for another seven years. The former husband challenges the duration of the injunction and argues that an injunction effective for seven years is erroneous as a matter of law. We disagree. The trial court entered a permanent injunction pursuant to section 741.30, Florida Statutes (1997). In 1997, the legislature removed the language that limited the duration of a permanent domestic violence injunction to one year. The amended statute now provides that an injunction "shall remain in effect until modified or dissolved." § 741.30(6)(b) Fla....
CopyCited 4 times | Published | Supreme Court of Florida | 26 Fla. L. Weekly Supp. 13, 2000 Fla. LEXIS 2272, 2000 WL 1352932
...blish support will have a sufficient evidentiary basis upon which to do so.” Trial courts in the domestic violence injunction context clearly have the discretion to establish temporary support for the petitioner or any minor children involved. See § 741.30(6)(a)(4), Fla....
...up *30 port of the violation of an order of injunction for protection against domestic or repeat violence. Commentary 1995 Adoption. A cause of action for an injunction for protection against domestic violence and repeat violence has been created by section
741.30, Florida Statutes (Supp.1994) (modified by chapter 95-195, Laws of Florida), and section
784.046, Florida Statutes (Supp.1994), respectively....
...se of action is currently pending between the parties. However, the pendency of any such cause of action must be alleged in the petition. The relief the court may grant in a temporary or permanent injunction against domestic violence is set forth in section 741.30(6)....
...Law FormFlorida Supreme Court Approved Family Law Form 12.980(d). The relief the court may grant in a temporary or permanent injunction against repeat violence is set forth in section
784.046(7), Florida Statutes. Subdivision (b)(4) expands sections
741.30(2)(c)l and (2)(c)2, Florida Statutes, to provide that the responsibility to assist the petitioner may be assigned not only to the clerk of court but also to the appropriate intake unit of the court....
...r service. Subdivision (c)(3)(A) makes the procedure for service of a temporary order of injunction for protection against domestic violence and repeat violence consistent. This is intended to replace the differing requirements contained in sections
741.30(7)(b)3 and (7)(c)l and
784.046(8)(a)l, Florida Statutes. Subdivision (c)(3)(B) makes the procedure for service of a permanent order of injunction for protection against domestic *31 violence and repeat violence consistent. This is intended to replace the differing requirements contained in sections
741.30(7)(a)3 and (7)(c)l and
784.046(8)(c)l, Florida Statutes, and to specifically clarify that service of the permanent injunction by mail is only effective upon a party who is present at the hearing which resulted in the issuance of the injunction. Subdivision (c)(4)(A) restates sections
741.30(5)(c) and
784.046(6)(c), Florida Statutes, with some expansion....
...This subdivision also makes the procedures in cases of domestic and repeat violence identical, resolving the inconsistencies in the statutes. Subdivision (c)(4)(B) makes the procedures in cases of domestic and repeat violence identical, resolving inconsistencies in the statutes. As stated in section 741.30(l)(c), Florida Statutes, in the event a subsequent cause of action is filed under chapter 61, Florida Statutes, any orders entered therein shall take precedence over any inconsistent provisions of an injunction for protection against d...
...nd repeat violence. Pursuant to that statute, the petitioner may contact the clerk of the circuit court of the county in which the violation is alleged to have occurred to obtain information regarding enforcement. Subdivision (c)(7) expands sections 741.30(2)(c)l and (2)(c)2, Florida Statutes, to provide that the responsibility to assist a petitioner may not only be assigned to the clerk of court but also to the appropriate intake unit of the court....
...TEMPORARY INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE WITH MINOR CHILD(REN) [[Image here]] TEMPORARY INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE WITH MINOR CHILD(REN) The Petition for Injunction for Protection Against Domestic Violence under section 741.30, Florida Statutes, and other papers filed in this Court have been reviewed....
...Please contact {name} - {address} _, {telephone}_, within 2 working days of your receipt of this temporary injunction. If you are hearing or voice impaired, call TDD 1-800-955-8771. FINDINGS The statements made under oath by Petitioner make it appear that section 741.30, Florida Statutes, applies to the parties....
...All further papers (excluding the final injunction, if entered without Respondent being present at the hearing, and pleadings requiring personal service) shall be served by mail to Respondent’s last known address. Such service by mail shall be complete upon mailing. Rule 12.080, Fla.Fam.L.R.P., section 741.30, Florida Statutes....
...*42 IN AND FOR _ COUNTY, FLORIDA -, Petitioner, Case No.: _ Division: _ and Respondent. TEMPORARY INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE WITHOUT MINOR CHILD(REN) The Petition for Injunction for Protection Against Domestic Violence under section 741.30, Florida Statutes, and other papers filed in this Court have been reviewed....
...Please contact {name}-, {address}_, {telephone}_, within 2 working days of your receipt of this temporary injunction. If you are hearing or voice impaired, call TDD 1-800-955-8771. FINDINGS The statements made under oath by Petitioner make it appear that section 741.30, Florida Statutes, applies to the parties....
...All further papers (excluding the final injunction, if entered without Respondent being present at the hearing, and pleadings requiring personal service) shall be served by mail to Respondent’s last known address. Such service by mail shall be complete upon mailing. Rule 12.080, Fla.Fam.L.R.P., section 741.30, Florida Statutes....
...TY, FLORIDA Case No.:. Division:— Petitioner, and Respondent. FINAL JUDGMENT OF INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE WITH MINOR CHILD(REN) (AFTER NOTICE) *47 The Petition for Injunction for Protection Against Domestic Violence under section 741.30, Florida Statutes, and other papers filed in this Court have been reviewed....
...ntion program would be inappropriate: - _ d. Petitioner is referred to a certified domestic violence center and is provided with a list of certified domestic violence centers in this circuit, which Petitioner may contact. 5. Court Costs. Pursuant to section 741.30(2)(a), Florida Statutes, filing fees to the Clerk of the Circuit Court and service fees to the sheriff are waived, subject to subsequent order of the Court; OR costs in the amount of $_for the filing fee, plus $_for the sheriffs fee, f...
...s within ten (10) days of the change. All further papers (excluding pleadings requiring personal service) shall be served by mail to Respondent’s last known address. Such service by mail shall be complete upon mailing. Rule 12.080, Fla.Fam.L.R.P., section 741.30, Florida Statutes....
...NTY, FLORIDA Case No.: _ Division: _ Petitioner, and Respondent. FINAL JUDGMENT OF INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE WITHOUT MINOR CHILD(REN) (AFTER NOTICE) The Petition for Injunction for Protection Against Domestic Violence under section 741.30, Florida Statutes, and other papers filed in this Court have been reviewed....
...ntion program would be inappropriate: _ _ d. Petitioner is referred to a certified domestic violence center and is provided with a list of certified domestic violence centers in this circuit, which Petitioner may contact. 5. Court Costs. Pursuant to section 741.30(2)(a), Florida Statutes, filing fees to the Clerk of the Circuit Court and service fees to the sheriff are waived, subject to subsequent order of the Court; OR costs in the amount of $_for the filing fee, plus $_for the sheriffs fee, f...
...s within ten (10) days of the change. All further papers (excluding pleadings requiring personal service) shall be served by mail to Respondent’s last known address. Such service by mail shall be complete upon mailing. Rhle 12.080, Fla.Fam.L.R.P., section 741.30, Florida Statutes....
...N FOR PROTECTION I, {full legal name of petitioner} -- certify that I do not have enough money to pay filing fees to the Clerk of the Circuit Court or service fees to the sheriff or other authorized law enforcement agency and ask that, as allowed by section
741.30(2)(a) or section
784.046(3)(b), Florida Statutes, the fees be waived subject to a later order of the Court about the payment of those fees....
...referring Petitioner to a certified domestic violence center; and any other terms the Court deems necessary for the protection of Petitioner and/or Petitioner’s children), including injunctions or directives to law enforcement agencies, as provided in section 741.30, Florida Statutes....
...]] ORDER SETTING HEARING ON PETITION FOR INJUNCTION FOR PROTECTION AGAINST ( ) DOMESTIC VIOLENCE ( ) REPEAT VIOLENCE WITHOUT ISSUANCE OF AN INTERIM TEMPORARY INJUNCTION The Petition for Injunction for Protection Against Domestic Violence filed under section
741.30, Florida Statutes, or Repeat Violence under section
784.046, Florida Statutes, has been reviewed....
...N) IN THE CIRCUIT COURT OF THE_JUDICIAL CIRCUIT, IN AND FOR_COUNTY, FLORIDA [[Image here]] TEMPORARY INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE WITH MINOR CHILD(REN) The Petition for Injunction for Protection Against Domestic Violence under section 741.30, Florida Statutes, and other papers filed in this Court have been reviewed....
...Please contact {name} _, {address} _, {telephone} _, within 2 working days of your receipt of this temporary injunction. If you are hearing or voice impaired, call TDD 1-800-955-8771. FINDINGS The statements made under oath by Petitioner make it appear that section 741.30, Florida Statutes, applies to the parties....
...All further papers (excluding the final injunction, if entered without Respondent being present at the hearing, and pleadings requiring personal service) shall be served by mail to Respondent’s last known address. Such service by mail shall be complete upon mailing. Rule 12.080, Fla.Fam.L.R.P., section 741.30, Florida Statutes....
...may decide to file a criminal charge, if warranted by the evidence. [[Image here]] *345 TEMPORARY INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE WITHOUT MINOR CHILD(REN) The Petition for Injunction for Protection Against Domestic Violence under section 741.30, Florida Statutes, and other papers filed in this Court have been reviewed....
...Please contact {name} _, {address} _, {telephone} -, within 2 working days of your receipt of this temporary injunction. If you are hearing or voice impaired, call TDD 1-800-955-8771. FINDINGS *346 The statements made under oath by Petitioner make it appear that section 741.30, Florida Statutes, applies to the parties....
...All further papers (excluding the final injunction, if entered without Respondent being present at the hearing, and pleadings requiring personal service) shall be served by mail to Respondent’s last known address. Such service by mail shall be complete upon mailing. Rule 12.080, Fla.Fam.L.R.P., section 741.30, Florida Statutes....
...ile a criminal charge, if warranted by the evidence. [[Image here]] FINAL JUDGMENT OF INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE WITH MINOR CHILD(REN) (AFTER NOTICE) The Petition for Injunction for Protection Against Domestic Violence under section 741.30, Florida Statutes, and other papers filed in this Court have been reviewed....
...ntion program would be inappropriate: _ _ d. Petitioner is referred to a certified domestic violence center and is provided with a list of certified domestic violence centers in this circuit, which Petitioner may contact. 5. Court Costs. Pursuant to section 741.30(2)(a), Florida Statutes, filing fees to the Clerk of the Circuit Court and service fees to the sheriff are waived, subject to subsequent order of the Court; OR costs in the amount of $_for the filing fee, plus $_for the sheriffs fee, f...
...s within ten (10) days of the change. All further papers (excluding pleadings requiring personal service) shall be served by mail to Respondent’s last known address. Such service by mail shall be complete upon mailing. Rule 12.080, Fla.Fam.L.R.P., section 741.30, Florida Statutes....
...hed copies of this order as indicated above. [[Image here]] *358 FINAL JUDGMENT OF INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE WITHOUT MINOR CHILD(REN) (AFTER NOTICE) The Petition for Injunction for Protection Against Domestic Violence under section 741.30, Florida Statutes, and other papers filed in this Court have been reviewed....
...ntion program would be inappropriate: — d. Petitioner is referred to a certified domestic violence center and is provided with a list of certified domestic violence centers in this circuit, which Petitioner may contact. 5. Court Costs. Pursuant to section 741.30(2)(a), Florida Statutes, filing fees to the Clerk of the Circuit Court and service fees to the sheriff are waived, subject to subsequent order of the Court; OR costs in the amount of $_for the filing fee, plus $_for the sheriffs fee, f...
...s within ten (10) days of the change. All further papers (excluding pleadings requiring personal service) shall be served by mail to Respondent’s last known address. Such service by mail shall be complete upon mailing. Rule 12.080, Fla.Fam.L.R.P., section 741.30, Florida Statutes....
...urt as follows: [/ all that apply] _ Petitioner failed to appear at the hearing scheduled in this cause. _ Petitioner appeared at the hearing but desires to voluntarily dismiss this action. _ The evidence presented is insufficient under Florida law (section
741.30 or
784.046, Florida Statutes) to allow the Court to issue an injunction for protection against domestic or repeat violence....
...tain and hold as confidential, the following address: Address_ City- State_Zip_ Telephone (area code and number)_ This request is being made for the purpose of keeping the location of my residence unknown to Respondent for safety reasons pursuant to section 741.30, Florida Statutes....
...and it appearing to the Court as follows: _ Ex parte. The claims in the petition for extension of injunction for protection make it appear to the Court that there is an immediate and present danger of domestic and repeat violence, as required under section
741.30 or section
784.046, Florida Statutes....
...Specifically, a petitioner seeking an injunction for protection against domestic violence is affirmatively required to disclose, under oath and penalty of perjury, the existence of any other cause(s) of action currenlly pending between the parties. See § 741.30(i)(b), (3)(b)-(c) Fla....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2013 WL 5628683, 2013 Fla. App. LEXIS 16394
...or she is “either the victim of domestic violence or ‘has reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence.’ ” Id. (citing Ambrefe v. Ambrefe,
993 So.2d 98, 98 (Fla. 2d DCA 2008) (quoting section
741.30(l)(a), Fla....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 1994 WL 169539
...eet corner in a business section of St. Petersburg. The woman said that the man had hit her, and she had a cut lip. The officer made no effort to determine whether these people were husband and wife or otherwise shared a "domestic" relationship. See § 741.30(1)(a), Fla....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1993 WL 157742
...Basford, Patient Legal Services, Florida State Hosp., Chattahoochee, for appellant. No appearance for appellee. PER CURIAM. Appellant seeks review of a "permanent restraining order" entered against him in response to a "petition for injunction on [sic] domestic violence" filed by appellee, his former wife, pursuant to section 741.30, Florida Statutes (Supp....
...Likewise, no evidence was presented from which one might conclude that appellee was the victim of, or had "reasonable cause to believe ... she [was] about to become the victim of any [other] act of domestic violence," as *352 that term is defined in section 741.30(1)(a). § 741.30(2)(a), Fla....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1995 WL 380366
...Although not clear, Appellee's petition resulting in the order was apparently brought under chapter 61, Florida Statutes. However, regardless of whether the temporary custody change and restraining order is founded on section
61.13, Florida Statutes, section
741.30, Florida Statutes, or rule 1.610, Florida Rules of Civil Procedure, it cannot be entered without sworn evidence....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 10781, 2016 WL 3747112
...at the allegations are insufficient, the trial court must give a specific basis for that finding”). On remand, the trial court shall enter an order specifying how the petition is insufficient or conduct a hearing on the petition as provided for in section 741.30, Florida Statutes (2015), and Florida Family Law Rule of Procedure 12.610....
CopyCited 4 times | Published | Court of Appeals for the Eleventh Circuit | 2013 WL 221459, 2013 U.S. App. LEXIS 1457
...pursuant to [Fla. Stat. §]
775.21 or a person previously designated as a sexual
predator who had the sexual predator designation removed.
(p) The capital felony was committed by a person subject to an injunction issued
pursuant to [Fla. Stat. §]
741.30 or [Fla....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 2012 WL 513023, 2012 Fla. App. LEXIS 2467
...t was based, we are constrained to reverse. Coe v. Coe,
39 So.3d 542 (Fla. 2d DCA 2010). On March 31, 2011, Mrs. Achurra filed a sworn petition seeking an injunction for protection from domestic violence by Mr. Achurra, who was named the respondent. §
741.30(l)(a) & (3), Fla. Stat. (2010). The trial court issued an ex parte temporary injunction and scheduled an evidentiary hearing. §
741.30(5)(a), Fla....
...1.530(e); Welch v. Welch,
22 So.3d 153, 154 (Fla. 1st DCA 2009) (revised opinion on motions for withdrawal of opinion, clarification, reh’g, or reh’g en banc). Mrs. Achurra, the petitioner, had the initial burden to prove entitlement to relief. §
741.30(l)(a), Fla....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2008 WL 4569950
...Grossman of Law Office of Jane H. Grossman, St. Petersburg, for Appellee. WHATLEY, Judge. Joseph T. Ambrefe, Jr., appeals the final judgment of injunction against domestic violence with child entered after his wife, Denise Rizzo Ambrefe, filed a petition seeking same. We reverse. Section 741.30, Florida Statutes (2007), creates a cause of action for an injunction for protection against domestic violence. A court may issue an injunction when it appears that the petitioner is either the victim of domestic violence or "has reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence." § 741.30(6)(a)....
...See Oettmeier v. Oettmeier,
960 So.2d 902 (Fla. 2d DCA 2007); Moore v. Hall,
786 So.2d 1264 (Fla. 2d DCA 2001). The court's belief that the parents were improperly using the child to work out their marital issues is irrelevant to the inquiry required by section
741.30(6)(a)....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 1997 WL 600712
...If it is determined that City of Miami Police Officer Fuentes's action of securing the domestic violence injunction violator in the police cruiser, after having responded to a call about an injunction violation, constituted an arrest of the violator, then pursuant to the section 741.30(9)(b), Florida Statutes (1993) [1] provision that upon arrest the violator "shall be held in custody until brought before the court as expeditiously as possible [,]" (emphasis added), the officer had no discretion under sovereign immunity principles to release the violator, see Everton v....
...Everton v. Willard,
468 So.2d 936, 937 (Fla.1985). The complaint relates the tragic scenario that culminated in Morena Simpson's untimely death. In June 1993, Ms. Simpson obtained a Permanent Injunction for Protection against domestic violence under section
741.30, Florida Statutes (1993)....
...tions when they occur. To require anything less eviscerates the injunction and renders it a mere advisory court action that violators really need not heed. NOTES [1] Chapter 94-134, section 5, at 731, Laws of Florida, effective July 1, 1994, amended section 741.30(9)(b). Pursuant to that amendment, section 741.30(8)(b), Florida Statutes, contains substantially similar language as former subsection (9)(b).
CopyCited 3 times | Published | Supreme Court of Florida | 34 Fla. L. Weekly Supp. 336, 2009 Fla. LEXIS 927, 2009 WL 1473978
...(F) UIFSA-Non IV-D all matters relating to Chapter 88, Florida Statutes, in which an application for assistance has not been filed under Title IV-D, Social Security Act. (G) Domestic Violenceall matters relating to injunctions for protection against domestic violence pursuant to section 741.30, Florida Statutes....
...(B) Dissolution of Marriagepetitions for the termination of marriage pursuant to Chapter 61, Florida Statutes, other than simplified dissolution. (C) Domestic Violenceall matters relating to injunctions for protection against domestic violence pursuant to section 741.30, Florida Statutes....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1997 WL 216209
...Ho of Asbell, Coleman & Ho, P.A., Naples, for Appellee. ALTENBERND, Acting Chief Judge. Carl Peter Baumgartner appeals the trial court's "Judgment of Attorney's Fees" entered in an action to obtain an injunction for protection against domestic violence pursuant to section 741.30, Florida Statutes (1995)....
...Recently, this court affirmed the basic injunction, but reversed portions of the injunction that interfered with a German court's authority to resolve child custody issues. Baumgartner v. Baumgartner,
691 So.2d 488 (Fla. 2d DCA 1997). We now reverse the award of attorneys' fees because neither section
741.30 nor chapter 61, Florida Statutes (1995), provides a basis for the fees in this case....
...The couple had a domestic altercation on April 3, 1996, over who would use their condominium and who would have custody of the children during this vacation. As a result of the altercation, on April 4, 1996, Mrs. Baumgartner petitioned for an injunction for protection against domestic violence pursuant to section 741.30....
...Baumgartner's attorneys filed their motion for fees. After a hearing in June, the trial court entered its final judgment solely for the purpose of awarding Mrs. Baumgartner attorneys' fees in the amount of $7,972.62. The cause of action created in section 741.30 does not provide for an award of attorneys' fees. Moreover, the statute clearly contemplates a streamlined pro se proceeding. It expressly mandates that clerks of court shall "assist" the petitioners in seeking the injunction. § 741.30(2)(c), Fla.Stat. (1995). Standardized forms are utilized, and the clerks of court are trained to provide "effective assistance." § 741.30(2)(c)(6), Fla....
...4th DCA 1990), Hornsby v. Newman,
444 So.2d 90 (Fla. 4th DCA 1984), and modifications of child support in paternity disputes, P.A.G. v. A.F.,
602 So.2d 1259 (Fla.1992). We conclude that those cases are distinguishable because the cause of action created by section
741.30 is utilized in many situations which either do not or cannot result in a divorce proceeding under chapter 61....
...ues determined in divorce, paternity, or annulment proceedings. We are not called upon in this case to determine whether an attorney could recover fees in a chapter 61 proceeding for time expended helping a client obtain a necessary injunction under section 741.30 at the inception of the divorce....
CopyCited 3 times | Published | Supreme Court of Florida
...____ referring Petitioner to a certified domestic violence center; and any other terms the Court deems necessary for the protection of Petitioner and/or Petitioner's child(ren), including injunctions or directives to law enforcement agencies, as provided in section 741.30, Florida Statutes....
..._______________________, Petitioner, and ____________________________________. Respondent. TEMPORARY INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE WITH MINOR CHILD(REN) The Petition for Injunction for Protection Against Domestic Violence under section 741.30, Florida Statutes, and other papers filed in this Court have been reviewed....
...__, { telephone } _________________________, within 2 working days of your receipt of this temporary injunction. If you are hearing or voice impaired, call TDD 1-800-955-8771. FINDINGS The statements made under oath by Petitioner make it appear that section 741.30, Florida Statutes, applies to the parties....
...All further papers (excluding the final injunction, if entered without Respondent being present at the hearing, and pleadings requiring personal service) shall be served by mail to Respondent's last known address. Such service by mail shall be complete upon mailing. Rule 12.080, Fla.Fam.L.R.P., section 741.30, Florida Statutes....
..., Petitioner, and ____________________________________, Respondent. FINAL JUDGMENT OF INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE WITH MINOR CHILD(REN) (AFTER NOTICE) The Petition for Injunction for Protection Against Domestic Violence under section 741.30, Florida Statutes, and other papers filed in this Court have been reviewed....
...notice. Note: If respondent meets any of the above enumerated criteria, the Court must order the Respondent to attend a batterers' intervention program unless it makes written factual findings stating why such a program would not be appropriate. See Section 741.30(6)(e), Florida Statutes....
...g address within 10 days of the change. All further papers (excluding pleadings requiring personal service) shall be served by mail to Respondent's last known address. Such service by mail shall be complete upon mailing. Rule 12.080, Fla.Fam.L.R.P., section 741.30, Florida Statutes....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2001 WL 584320
...Charles A. Esposito, St. Augustine, for Respondent. SAWAYA, J. We have for review Kathy Metcalf's [the wife's] petition for certiorari. This case began when the wife filed a "Petition for Injunction for Protection Against Domestic Violence." Pursuant to section 741.30, Florida Statutes, the trial court entered a "Temporary Injunction for Protection Against Domestic Violence" against Alex Metcalf [the husband]....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2013 WL 3335023, 2013 Fla. App. LEXIS 10703
...*619 Analysis A trial court may issue an injunction “[u]pon notice and hearing, when it appears to the court that [a] petitioner is either the victim of domestic violence ... or has reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence.” § 741.30(6)(a), Fla....
...Unsubstantiated statements by Mr. Brilhart regarding his personal fear for S.L.B. are insufficient to support the trial court’s finding that S.L.B. is a victim of domestic violence or is in reasonable fear of becoming a victim of domestic violence. See § 741.30(6)(a)....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 246
...dicially determined to have committed abuse against a child as defined in s.
39.01(2) and (7) or to have a substantiated indicated report of abuse as defined in s. 415.503 or to have committed an act which constitutes domestic violence as defined in s.
741.30....
...en judicially determined to have committed child abuse as defined in section
39.01, or to have a substantiated indicated report of abuse as defined in section 415.503, [2] or to have committed an act which constitutes domestic violence as defined in section
741.30, are presumed unqualified as child care personnel and may overcome that presumption by showing HRS clear and convincing evidence of good character or rehabilitation....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1997 WL 67954
...The couple had a domestic altercation over who would use their condominium and who would have custody of the children during this vacation. Mr. Baumgartner was arrested and taken to jail. Mrs. Baumgartner subsequently obtained a temporary and a permanent injunction for protection against domestic violence pursuant to section 741.30, Florida Statutes (1995)....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2013 WL 6635844, 2013 Fla. App. LEXIS 19911
BENTON, J. Matthew Dietz appeals an order extending a temporary injunction for protection against domestic violence, originally entered against him and subsequently extended at the behest of his estranged wife, pursuant to section 741.30, Florida Statutes (2012). We reverse. Section 741.30(1) authorizes injunctions for protection against domestic violence, and provides that the trial court may grant a temporary injunction ex parte where an immediate and present danger of domestic violence exists. § 741.30(5)(a), Fla....
...“Any such ex parte temporary injunction shall be effective for a fixed period not to exceed 15 days. A full hearing, as provided by this section, shall be set for a date no later than the date when the temporary injunction ceases to be effective.” § 741.30(5)(c), Fla....
...aring before or during a hearing for good cause shown by any party, which shall include a continuance to obtain service of process. Any injunction shall be extended if necessary to remain in full force and effect during any period of continuance.” § 741.30(5)(c), Fla. Stat. (2012). Section 741.30 “does not provide for the issuance of a series of temporary injunctions in lieu of a permanent injunction.” Bacchus v....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1992 WL 365777
...a court order forbidding actions by a third party that are already prohibited by law, as in this case. I fully recognize the beneficial purposes which may be accomplished, in an appropriate case, through an injunction against domestic violence under section 741.30, Florida Statutes, the violation of which is punishable by indirect criminal contempt of court....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2012 Fla. App. LEXIS 21509, 2012 WL 6213134
...In 2011, the father filed a motion to modify or dissolve the injunction. The motion alleged various claims, including a challenge to the original issuance of the injunction, but did not allege any change in circumstances. The trial court denied the motion without a hearing. This appeal timely followed. Section 741.30, Florida Statutes (2011), authorizes either party to a domestic violence injunction to file a motion to modify or dissolve the injunction at any time, and the statute provides that no specific allegations are required....
...Appellate jurisdiction is proper pursuant to rule 9.130(a)(3)(B) of the Florida Rules of Appellate Procedure, which authorizes appeals from non-final orders that refuse to modify injunctions. . Rule 1.610(d) of the Florida Rules of Civil Procedure, like section 741.30, authorizes the modification or dissolution of an injunction at any time.
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 12823, 2016 WL 4445936
...Analysis “An order imposing an injunction is reviewed for an abuse of discretion. A trial court abuses its discretion by entering a domestic violence injunction when the ruling is not supported by competent, substantial evidence.” Selph v. Selph,
144 So.3d 676, 677-78 (Fla. 4th DCA 2014). Section
741.30(l)(a), Florida Statutes (2015), creates a cause of action for an injunction for protection against domestic violence on behalf of a family or household member who “has reasonable cause to believe he or she is in imminent danger of becoming the victim of any act of domestic violence.” Id....
...The question is not whether Appellee was subjectively scared, but whether her fear was objectively reasonable. Oettmeier;
960 So.2d at 904 . And importantly here, the appropriate inquiry looks towards the immediate future rather than some distant possibility of trepidation. See
741.30(l)(a), Fla....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2014 WL 3928415, 2014 Fla. App. LEXIS 12425
...ctim of domestic violence
as defined in section
741.28 or has reasonable cause to believe he or she
is in imminent danger of becoming the victim of any act of domestic
violence.’” Lopez v. Lopez,
922 So. 2d 408, 410 (Fla. 4th DCA 2006)
(quoting §
741.30(1)(a), Fla....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2001 WL 332500
...afford appellant due process in this matter. Snyder v. Snyder,
685 So.2d 1320 (Fla. 2d DCA 1996). The dismissal is therefore reversed. The trial court further erred in granting appellee's counter-petition for injunction without hearing any evidence. Section
741.30, Florida Statutes (1999), which governs domestic violence injunctions, requires that a trial court hold a full evidentiary hearing prior to entering a permanent injunction against domestic violence. §
741.30(5)(c), Fla....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2016 WL 1579251, 2016 Fla. App. LEXIS 5992, 41 Fla. L. Weekly Fed. D 980
...Winterlakes Prop.
Owners Ass’n,
169 So. 3d 253, 255 (Fla. 4th DCA 2015) (citation
omitted). A trial court’s denial of a motion for continuance is reviewed
for an abuse of discretion, which must be clearly shown. Krock v.
Rozinsky,
78 So. 3d 38, 41 (Fla. 4th DCA 2012).
Section
741.30, Florida Statutes (2014), provides a cause of action for
a domestic violence injunction. The statute provides in pertinent part
that “[t]he respondent shall be personally served with a copy of the
petition.” §
741.30(4), Fla....
...4th DCA 2013)).
2 Monday, September 1, 2014, was Labor Day.
2
sworn petition shall allege the existence of such domestic violence and
shall include the specific facts and circumstances upon the basis of
which relief is sought.” § 741.30(3)(a). The statute states that “[n]othing
herein affects a petitioner’s right to promptly amend any petition.” §
741.30(5)(b). The trial court may grant a continuance “before or during a
hearing for good cause shown by any party, which shall include a
continuance to obtain service of process.” § 741.30(5)(c)....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2001 WL 387764
...In that injunction, the trial court awarded temporary custody of the parties' four minor children to the former husband and denied the former wife any contact with her children for one year. We reverse. The former husband petitioned for an injunction for protection against domestic violence pursuant to section 741.30, Florida Statutes (1999), as father, on behalf of, and best friend of the parties' four minor children....
...The petition clearly stated: "If you are asking the court to determine issues of temporary custody with regards to a minor child, you must also complete and file a Uniform Child Custody Jurisdiction Act (UCCJA) Affidavit." Such a filing or incorporation was required by section 741.30(3)(d), Florida Statutes (1999)....
...r for relief, established that the former wife was not placed on notice that issues of temporary custody and visitation would be addressed. Finally, we note that the four children's best interests were not addressed at the hearing on the injunction. Section 741.30(6)(a)3., Florida Statutes (1999), provides: Upon notice and hearing, the court may grant such relief as the court deems proper, including an injunction: ....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2013 WL 1629167, 2013 Fla. App. LEXIS 6059
...court did not err in dismissing the petition even as to child custody. The court could also have jurisdiction over temporary child custody and child support pursuant to the petition for an injunction for the protection against domestic violence. See § 741.30, Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 14629
...After a hearing, the trial court entered a final judgment of injunction against domestic violence ruling that the statutory scheme established by the legislature set up a special protection against domestic violence which did not recognize any exception, including parental discipline. Section 741.30(l)(a), Florida Statutes (2010) permits family or household members to seek an injunction for protection against domestic violence if that person “is either the victim of domestic violence as defined in s....
CopyCited 2 times | Published | Supreme Court of Florida | 34 Fla. L. Weekly Supp. 576, 2009 Fla. LEXIS 1795, 2009 WL 3296237
...(B) Dissolution of Marriage petitions for the termination of marriage pursuant to Chapter 61, Florida Statutes, other than simplified dissolution. (C) Domestic Violence all matters relating to injunctions for protection against domestic violence pursuant to section 741.30, Florida Statutes....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 15195, 2015 WL 5965216
...Adequate notice must therefore provide “some indication of the
witnesses to be called and the evidence to be utilized to prove entitlement to
relief.” Town of Jupiter v. Andreff,
656 So. 2d 1374, 1377 (Fla. 1st DCA 1995).
To that end, section
741.30(3)(a), Florida Statutes (2012) provides:
The sworn petition shall allege the existence of such domestic
violence and shall include the specific facts and circumstances upon
the basis of which relief is sought....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1995 WL 654206
...Elvira Rey appeals an order dissolving a temporary injunction and denying her petition for permanent injunction against Dr. Jose A. Perez-Gurri, her former husband. We reverse. On September 15, 1994, Rey filed a Petition for Protection Against Domestic Violence pursuant to section 741.30, Florida Statutes (Supp....
...Finding that petitioner "failed to prove that Respondent had the apparent ability to carry out the threats he allegedly made toward the Petitioner," the trial court dissolved the temporary injunction and denied her petition. *1330 In support of reversal, Rey argues that section 741.30 does not require that she establish the elements of assault and, assuming that such proof is required, she has fulfilled the requirements....
...In response, Perez-Gurri argues that Rey failed to present the requisite proof of an assault. We disagree with Perez-Gurri's contention that Rey must establish that he has committed an assault before she becomes entitled to protection under the statute. Section 741.30(1)(a) provides There is created a cause of action for an injunction for protection against domestic violence....
...ore the October 7 hearing; [2] and he has demonstrated an ability to access and wield guns against Rey in an aggressive manner in the past. Accordingly, we reverse the order and remand the cause for entry of a permanent injunction in accordance with section 741.30. Reversed and remanded. NOTES [1] The Staff Analysis and Economic Impact Statement on section 741.30 states that the bill does "[n]ot require that an assault, battery or sexual battery on a spouse have actually occurred before the victim could obtain a restraining order....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2015 Fla. App. LEXIS 17712, 2015 WL 7444217
...earing that was in line with her allegations that Appellant twice drove by her home .and told her that it was a free country flve-and-a-half years after committing felony assault upon her, we would still be constrained to reverse the injunction, See § 741.30(1)(a), Fla....
...fíle a petition for an injunction against domestic violence) (emphasis added); Randolph v. Rich,
58 So.3d 290, 291 (Fla. 1st DCA 2011) (explaining that while a petitioner does not have to wait for abuse to occur in order to seek an injunction under section
741.30, the law requires that a party seeking an injunction present sufficient evidence to establish the objective reasonableness of his or her fear that the danger of violence is imminent); Gill v....
CopyCited 2 times | Published | Florida 5th District Court of Appeal
protection against domestic violence under section
741.30, Florida Statutes (2017), and both the temporary
CopyCited 2 times | Published | Florida 5th District Court of Appeal
protection against domestic violence under section
741.30(6)(a), Florida Statutes (2017), a petitioner
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1992 WL 93566
...DANAHY, Acting Chief Judge. The appellant, an adult son estranged from his father and his stepmother, the appellee, unsuccessfully attempted to dissolve an injunction for protection against domestic violence entered against him upon petition of his stepmother pursuant to section 741.30, Florida Statutes (1989)....
...The appellant's argument, in the trial court and here, is that his stepmother should not have been granted the injunction because she was not a person authorized by the statute to seek an injunction. We agree. The relevant provisions of the statute state: 741.30 Action for injunction for protection against domestic violence; powers and duties of court and clerk of court; filing and form of petition for injunction; notice and hearing; temporary injunction; issuance of injunction; enforcement....
...Estate of Kepler,
528 So.2d 441 (Fla. 2d DCA 1988). Because she failed to qualify under the version of the statute in effect on the date of her petition, the stepmother improperly sought, and the trial court erroneously granted, injunctive relief under section
741.30(2), Florida Statutes (1989)....
...a spouse. Ch. 91-210, § 6, Laws of Fla. Nothing we say in this opinion should be construed as a comment on the effect of the statute as amended. [2] Compare Campbell v. Campbell,
584 So.2d 125 (Fla. 4th DCA 1991) (because petitioner met criteria of section
741.30, her petition for injunction under Florida Rule of Civil Procedure 1.610 would be treated as petition for injunction against domestic violence).
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2008 WL 2185436
...He claims that his disciplining of his daughter is constitutionally and statutorily protected. The trial court considered the circumstances and extent of the spanking excessive and thus not protected. We affirm as there was *664 competent substantial evidence to support the ruling. Pursuant to section 741.30, Florida Statutes (2007), the mother petitioned for an injunction for protection against domestic violence due to an incident involving the parties' ten-year-old daughter, M.M....
...The trial court concluded that the father had committed a battery on the child by striking her with the belt and shoe with her clothes removed. The court granted the injunction, and ordered parenting classes for the father and supervised visitation after the completion of the classes. The father appeals. Pursuant to section 741.30(1)(a), the trial court may grant a permanent injunction sought by a family or household member "who is either the victim of domestic violence as defined in s....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2007 WL 1484536
...We reject his other attacks on the proceedings and affirm the circuit court on those matters. At one time, Gordon was married to Elizabeth Savitt. As part of a contentious divorce proceeding, the circuit court entered a permanent domestic violence injunction directed at Gordon. See § 741.30, Fla....
...*38 Five factors lead to the conclusion that we should not apply Vuitton in this case involving enforcement of a domestic violence injunction. First, to require the appointment of an independent prosecutor in all cases would nullify a remedy provided in the domestic violence statute. Section
741.30(9)(a), Florida Statutes (2006), contemplates enforcement in two distinct ways; either by the "state attorney" bringing a criminal prosecution under section
741.31, Florida Statutes (2006), or "through a civil or criminal contempt proceeding," which may be commenced by one of the parties in the case....
...The court observed that an intrafamily case "does not present the potential for discovery abuses and financial conflicts of interest." Id. at 1279-80. Also, Green relied on the local statutes and rules relating to the enforcement of civil protective orders, which are similar to the enforcement framework of section 741.30(9)(a), and concluded that those "provisions reflect a determination by the [legislative body] that the beneficiary of a [civil protective order] should be permitted to enforce that order through an intrafamily *40 contempt proceeding." 642 A.2d at 1279....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2001 WL 527511
...r in Honduras. She stated that she feels scared every time she sees the respondent, and is afraid he will come after her. The trial court denied the supplemental request for relief without a hearing, entering an order identical to the initial order. Section 741.30(5)(a) provides, "When it appears to the court that an immediate and present danger of domestic violence *675 exists, the court may grant a temporary injunction ex parte, pending a full hearing...." See also Fam....
...In denying the petition, the trial court provided, as its sole reason for denial, only a statement that petitioner "failed to allege facts sufficient to support the entry of an injunction against domestic or repeat violence," without specifying how the allegations were insufficient. Both section 741.30(5)(b) and rule 12.610(b)(3) require that a denial of a petition for an ex parte temporary injunction be "by written order noting the legal grounds for denial." Specifically, section 741.30(5)(b) provides: In a hearing ex parte for the purpose of obtaining such ex parte temporary injunction, no evidence other than verified pleadings or affidavits shall be used as evidence, unless the respondent appears at the hearing or has received reasonable notice of the hearing....
...(Emphasis added). We hold that the trial court's findings were insufficient to satisfy the statute's and rule's requirements. The trial court's findings, when sufficient, may trigger the requirement for a full hearing at the earliest possible time. As seen above, section 741.30(5)(b) and rule 12.610(b)(3) require that where the petition allegations are found to be insufficient only because they do not present an appearance of an immediate and present danger of domestic violence, the court must set a full hearing on the petition, with notice, at the earliest possible time....
...In his order of dismissal, the assigned judge found that the injunction was "improvidently issued, as the Petitioner failed to allege facts sufficient to support the entry of an injunction." The judge also canceled the hearing which had been set by the duty judge. After an ex parte temporary injunction is entered, section 741.30(5)(c) requires that a full hearing be set on the matter....
...3d DCA 2001), reversed an order dismissing a temporary injunction against domestic violence because the dismissal had been entered without giving the petitioner due notice and an opportunity to be heard. The district court specified that on remand, "section
741.30 and the requirements of due process must be observed." See also Segui v. Nester,
745 So.2d 591 (Fla. 5th DCA 1999) (reversing the dismissal of a petition for an injunction against repeat domestic violence pursuant to section
784.046, which contains a provision identical in effect to that in section
741.30(5)(c) quoted above, because the dismissal was entered without providing an evidentiary hearing); Brooks v....
...As noted above, *677 when a petition for an injunction is denied as insufficient only because is does not present an appearance of an immediate and present danger of domestic violence, the court must set a full hearing on the petition, with notice, at the earliest possible time. § 741.30(5)(b); Fla....
...We remand petitioner Sanchez's case and direct the trial court to forthwith conduct an ex parte hearing on the petition. In the event the trial court determines that the petition should be denied, the court shall state the reasons for the denial in its written order, as provided in section 741.30(5)(b) and rule 12.610(b)(3)....
...We also grant petitioner Smith's petition for writ of certiorari, quash the trial court's order dismissing the injunction, and remand with directions to the trial court to immediately reinstate the injunction entered by the duty judge. Thereafter, the trial court shall comply with the requirements of section 741.30(5)(c) when conducting further proceedings concerning the injunction....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 2946, 2010 WL 787800
...“A court may issue an injunction when it appears that the petitioner is either the victim of domestic violence or ‘has reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence.’ ” Ambrefe v. Ambrefe,
993 So.2d 98, 98 (Fla. 2d DCA 2008) (quoting section
741.30(1)(a), Florida Statutes)....
CopyCited 2 times | Published | Supreme Court of Florida | 36 Fla. L. Weekly Supp. 414, 2011 Fla. LEXIS 1573, 2011 WL 2637473
..._____ Identifying information in clinical records of detained criminal defendants found incompetent to proceed or acquitted by reason of insanity. §
916.107(8), Fla. Stat. _____ Estate inventories and accountings. §
733.604(1), Fla. Stat. _____ Victim's address in domestic violence action on petitioner's request. §
741.30(3)(b), Fla....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1997 WL 422763
...Beckham, Miami, for appellant. Lorraine C. Holmes, Miami, for appellee. Before COPE, GREEN and SORONDO, JJ. GREEN, Judge. The former husband, John J. Spiegel, appeals an order extending a permanent injunction for protection against domestic violence pursuant to section 741.30(6)(b), Florida Statutes (1995) in favor of Karen J....
...sband from, among other things, committing any acts of domestic violence against her for a period of one year. Prior to the expiration of this injunction, the former wife filed a verified motion for a one year extension of the injunction pursuant to section 741.30(6)(b) which provides in pertinent part that: Any relief granted by the injunction shall be granted for a fixed period not to exceed 1 year, unless upon petition of the victim the court extends the injunction for successive fixed periods not to exceed 1 year....
...rmer wife, the court felt that it was nevertheless constrained to exercise its discretion to extend the injunction where the former wife professed continued fear of the former husband and where no specific allegations of violence are necessary under section 741.30(6)(b) for an extension of the injunction....
...urt was not necessarily required to extend this permanent injunction if it determined from all of the circumstances that *224 there was no longer a reasonable basis for the former wife's continued fear of the former husband. We note that pursuant to section 741.30(1)(a), a cause of action for an injunction for protection against domestic violence has been created for any person who is the victim of any act of domestic violence, or has reasonable cause to believe that he or she may become the victim of any act of domestic violence....
...cause to believe that he or she may become the victim of domestic violence. See Baumgartner v. Baumgartner,
691 So.2d 488, 489 (Fla. 2d DCA 1997); Rey v. Perez-Gurri,
662 So.2d 1328, 1330 (Fla. 3d DCA 1995), review denied,
675 So.2d 121 (Fla.1996). Section
741.30(6)(b) vests the trial court with broad discretion to thereafter extend the permanent injunction for up to one year even in the absence of specific allegations of abuse after "considering the circumstances." Since the initial permanent injunction is not obtainable absent a showing of an actual act of domestic violence or a reasonable fear of future violence, we construe section
741.30(6)(b) to mean that an extension of the permanent injunction likewise requires the showing of an actual act of violence or continuing reasonable fear on the part of the petitioner that an act of domestic violence is likely to occur or reoccur in the future. In making its decision as to whether a permanent injunction should be extended, we believe that section
741.30(6)(b) requires a court to determine whether the petitioner's professed continuing fear of the respondent is reasonable based upon all of the circumstances. Moreover, contrary to the former husband's argument, we do not believe that section
741.30(6)(b) confines the court to examining only the circumstances between the parties for the preceding year....
...mposition of the permanent injunction as well to determine whether the petitioner's continuing fear of future violence is reasonable. Thus, in light of the fact that we believe that the lower court misconstrued its discretionary powers granted under section 741.30(6)(b), we vacate the order under review and remand for further proceedings consistent with this opinion.
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1992 WL 163933
...on May 28, 1992, stating the reasons why bail was denied. On May 27, 1992, the county court judge again denied bail based on the recital in the arresting officer's report and the statement that the defendant was arrested for the commission of an act of domestic violence under section 731.30 (sic), [ see section 741.30, [3] ]....
...Defendant states that he never entered the room and left there after. Victim did have a bump on the rear lower neck. Rights phamphlet given to both parties. Defendant booked in CBO per battery (Dom. Viol.) and was very cooperative. [Emphasis in original]. [2] Citing to section 731.30 (sic) [ see section
741.30] and section
784.046, Florida Statutes....
...ur, or (3) if collateral legal consequences that affect the rights of the party flow from the issue to be determined. Godwin v. State,
593 So.2d 211 (Fla. 1992). [6] We are aware of section
901.15(7)(a), Florida Statutes (1991), sections
784.046 and
741.30, the latter two statutes dealing with injunctive relief as a remedy for domestic violence....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal
...e “du-plicative.” The circuit court also noted that S.C. had been found guilty of a misdemeanor battery arising out of the 2004 altercation and indicated that it was, in part, basing its decision to issue the new injunction on that fact as well. Section 741.30(l)(a), Florida Statutes (2009), provides that a family or household member 3 may file a petition for an injunction for protection against domestic violence if that person “is either the victim of domestic violence as defined in [sect...
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2006 WL 12940
...Traughber contends that we should affirm because Mr. Traughber failed to (1) appear at the hearing and ask for a continuance, (2) move for rehearing under Florida Rule of Civil Procedure 1.530, or (3) move to modify or dismiss the final injunction pursuant to section 741.30(6)(c), Florida Statutes (2004)....
...e hours' notice to Mr. Traughber. Importantly, a temporary domestic violence injunction was already in effect against Mr. Traughber. By its own terms, the temporary injunction could be continued in force or extended pending a final hearing. See also § 741.30(5)(c)....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2005 WL 94749
...Family Law Rule of Procedure 12.363(b)(1) (2003), the trial court permitted the use of the custody evaluation psychological report which was completed and delivered to appellant's counsel the day before the hearing. We agree and reverse. Pursuant to section 741.30, Florida Statutes (2003), the trial court held a hearing on the temporary injunction for protection against domestic violence issued against appellee and considered the issue of custody of the children of the parties....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2016 WL 1660617, 2016 Fla. App. LEXIS 6299
...Rashida Wills Jones is a thirty-eight year old woman who suffers from
schizoaffective and bipolar disorders; Kenneth B. Wills and Bobbie Akins are her
parents. In June 2015, Ms. Jones sought an injunction against her parents to
prevent domestic violence, section 741.30, Florida Statutes, alleging they
previously harassed her as well as threatened to bring litigation against individuals
closely associated with her....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2008 WL 976845
...In addition, the statutes governing domestic violence injunctions and dissolution actions contradict the Wife's assertion that the final judgment for protection against domestic violence was dispositive of the issue of rental value in the subsequent dissolution proceeding. Section 741.30(1)(c), Florida Statutes (2003), which governs petitions for protection against domestic violence, specifically provides: "In the event a subsequent cause of action is filed under chapter 61, any orders entered therein shall take preced...
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 1997 WL 537020
...ed on the parties a mutual order of protection. We affirm the order dissolving the injunction, but remand the case for the trial court to delete all language associated with the mutual order of protection or mutual restraining order. Florida Statute section 741.30(1)(h) (1995) prohibits courts from issuing mutual orders of protection....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2011 Fla. App. LEXIS 13903, 2011 WL 3861573
...5th DCA 2007); see also Pope v. Pope,
901 So.2d 352 (Fla. 1st DCA 2005). The final judgment denying Mr. Niederkorn’s petition for protection against dating violence is reversed, and the case is remanded for a full eviden-tiary hearing in accordance with section
741.30(5)(c), Florida Statutes....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2011 WL 4104731
...After a hearing, the trial court entered a final judgment of injunction against domestic violence ruling that the statutory scheme established by the legislature set up a special protection against domestic violence which did not recognize any exception, including parental discipline. Section 741.30(1)(a), Florida Statutes (2010) permits family or household members to seek an injunction for protection against domestic violence if that person "is either the victim of domestic violence as defined in s....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2010 WL 3564716
...District Court of Appeal of Florida, Third District. September 15, 2010. Rehearing Denied October 21, 2010. *894 Jed R. Friedman, Miami, FL, for appellant. Lowy & Cook and Ronald S. Lowy, Miami, FL, for appellee. Before RAMIREZ, C.J., and GERSTEN and LAGOA, JJ. PER CURIAM. Affirmed. See § 741.30, Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 1995 WL 539083
...1994), enjoined Lopez from abusing, threatening, or harassing the petitioner [1] named in the order. We rely upon this court's opinion in Walker v. Bentley,
660 So.2d 313 (Fla. 2d DCA 1995) and deny the petition. Walker involved an alleged violation of a domestic violence injunction filed pursuant to section
741.30, Florida Statutes (Supp....
...gainst domestic violence. Instead, a state attorney intake system for prosecuting domestic violence by filing criminal charges shall be utilized. The majority in Walker concluded that the trial court has the inherent power to enforce compliance with section 741.30 by indirect criminal contempt because the legislature has no authority under the doctrine of separation of powers to limit the trial court's jurisdiction to exercise its inherent power of contempt....
...ct criminal contempt powers to enforce an injunction for protection against repeat violence under section
784.046(9)(a). Because of Walker, a trial court in this district retains its constitutional inherent powers of indirect criminal contempt under section
741.30, even when section
741.2901(2) specifically denies those powers to the trial court....
CopyCited 1 times | Published | Florida 1st District Court of Appeal
...testimony of his law enforcement officer
witness.
We recognized in Furry v. Rickles that “[p]arties are entitled to a full hearing
prior to the trial court issuing a permanent injunction.”
68 So. 3d 389, 390 (Fla. 1st
DCA 2011) (citing §
741.30, Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2001 WL 1503247
...ALTENBERND, Acting Chief Judge. Danny Partlowe appeals a final order dismissing his petition for a domestic violence injunction and vacating the initial ex parte temporary injunction entered against Jerry R. Gomez. The trial court held that, pursuant to section 741.30, Florida Statutes (2000), Mr....
...Partlowe because it found that Mr. Partlowe and Mr. Gomez are not related by blood or marriage, never resided together, and do not share a child in common. §
741.28, Fla. Stat. (2000). [1] Mr. Partlowe contends that the trial court erred because, under sections
741.30(1)(e) and
741.28(2), as grandfather and legal custodian of the child, he has a "child in common" with Mr. Gomez. [2] We disagree. Section
741.30(1)(e) governing domestic violence injunctions provides: This cause of action for an injunction may be sought by family or household members....
...tuation will qualify for an injunction for protection against repeat violence. *970 We agree with Mr. Gomez that we cannot interpret the domestic violence injunction statute to grant Mr. Partlowe relief in this case. If the Florida Legislature wants section 741.30 to protect individuals in Mr....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2006 WL 3371559
...Tania R. Schmidt-Alpers of Tania R. Schmidt-Alpers, P.A., St. Augustine, for Appellee. FULMER, Chief Judge. John Kauer challenges a final judgment of injunction for protection against domestic violence obtained by Cynthia Cassidy, his sister, pursuant to section 741.30, Florida Statutes (2005)....
...was otherwise insufficient to establish that Cassidy was the victim of domestic violence or that she had reasonable cause to believe that she was in imminent danger of becoming the victim of any act of domestic violence at the hands of Kauer. See §§
741.30(1)(a), (e), (6);
741.28(2), (3)....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2014 WL 1795694, 2014 Fla. App. LEXIS 6724
...A domestic violence injunction may be entered in favor of a person who is “either the victim of domestic violence as defined in s.
741.28 or [who] has reasonable cause to believe he or she is in imminent danger of becoming the victim of any act of domestic violence.” §
741.30(l)(a), Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2017 WL 2357869, 2017 Fla. App. LEXIS 7843
...Form
12.980(b)(1). The appropriate rules committee should consider revising the form
to delete this statement because it is inaccurate with respect to hearings on petitions
for injunctions for protection against domestic violence and stalking. See §
741.30(6)(h), Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal
...ife at
her word. The wife’s testimony was uncontroverted.
When denying the wife’s petition, the court did not make any findings
of fact and instead concluded that there was insufficient evidence
presented to support an injunction pursuant to section 741.30, Florida
Statutes (2018).
Analysis
Section 741.30(1)(a) provides that a family or household member may
file a petition for protection against domestic violence if that person is
“either the victim of domestic violence as defined in s....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2008 WL 2116591
...District Court of Appeal of Florida, Third District. May 21, 2008. Rehearing and Rehearing En Banc Denied August 28, 2008. Thomas John Butler, Miami Beach, for appellant. Charlene Gibbons, in proper person. Before GERSTEN, C.J., and GREEN and RAMIREZ, JJ. PER CURIAM. Affirmed. See § 741.30, Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2003 WL 2002811
...Wright's case after hearing evidence on a petition for protection against repeat violence brought by Morris Cohen against Mr. Slovenski. And third, the evidence presented in the Cohen case did not provide a basis for reversing the judgment in this case. Section 741.30(1), Florida Statutes (2001), provides that family or household members may seek an injunction for protection against domestic violence....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2014 WL 895188, 2014 Fla. App. LEXIS 3397
...finding insufficient evidence to support it. The judge subsequently handwrote on the pre-printed order dismissing Petitioner’s temporary injunction additional provisions as to time-sharing and prohibiting taking the child out of state. Discussion Section 741.30, Florida Statutes, which governs issuance of domestic violence injunctions, authorizes the issuing court to establish a temporary parenting plan under the following two circumstances: (5)(a) If it appears to the court that an immediate...
...es or an order is entered by a court of competent jurisdiction 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....
...-sharing with the child. We recognize the judge’s apparent concern that there may have been — and, in the absence of an injunction, may yet be — roadblocks to a desirable parent-child relationship between Respondent and his son. However, while section 741.30 authorizes a temporary parenting plan upon the issuance of a domestic violence injunction, it provides no authorization for a parenting plan upon the dissolution or denial of such an injunction. Therefore, having denied the injunction, Judge Gievers was not authorized under section 741.30 to establish a temporary parenting plan....
...See Coleman v. Coleman,
906 So.2d 1267, 1268 (Fla. 3d DCA 2005) (holding trial court lacked jurisdiction to enter subsequent order granting husband exclusive use and possession of marital residence after denying husband’s petition for injunction, because section
741.30 only permits such relief when requirements for issuing an injunction are satisfied); Taylor v....
...Finally, even if Judge Gievers had properly considered a temporary parenting plan upon dissolving Petitioner’s injunction, nothing in the hearing transcript shows she considered any of the criteria set out in section
61.13, Florida Statutes, as required by section
741.30....
CopyCited 1 times | Florida 2nd District Court of Appeal
...Because the trial
court erred in relying on child hearsay, without which the trial court's
finding of abuse is not supported by competent substantial evidence, we
reverse.
On March 19, 2024, Halide Roberts, the mother, filed a petition for
injunction for protection against domestic violence pursuant to section
741.30, Florida Statutes (2023), on behalf of the minor child, alleging
that the father had sexually abused the child and requesting that the
trial court terminate the father's time-sharing of the child. A temporary
injunction was entered that same day prohibiting the father from having
contact with the child and scheduling an evidentiary hearing on March
28, 2024. See § 741.30(5)(a)....
...3d 676, 677 (Fla.
4th DCA 2014)). "A trial court abuses its discretion by entering a
domestic violence injunction when the ruling is not supported by
competent, substantial evidence." Id. at 57-58 (quoting Selph,
144 So.
3d at 677-78). An injunction entered pursuant to section
741.30 cannot
be supported by child hearsay statements unless those statements are
1 After announcing that the child hearsay statements were
"admissible and reliable and corroborated," the trial court stated that it
would "set forth its details in the written order that will follow." That did
not occur, however....
...has not
been preserved. See Fla. Fam. L. R. P. 12.530(a).
3
properly admitted. See De Hoyos v. Bauerfeind,
286 So. 3d 900, 904
(Fla. 1st DCA 2019) ("This case involves the domestic violence injunction
statute, section
741.30, Florida Statutes, not the sexual violence
injunction statute,
784.046, Florida Statutes....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal
...reversible error when it awarded sole custody of the husband and wife’s minor
daughter to the wife and limited the husband’s contact with the daughter to
supervised visitation without first considering whether it was in the best interest of
the daughter.
Under section 741.30, Florida Statutes (2017), a trial court may grant an
injunction when “the petitioner is either the victim of domestic violence” or where
there is “reasonable cause to believe he or she is in imminent danger of becoming a
victim of domestic violence.” § 741.30(6)(a)....
...ainst
domestic violence, the petitioner must demonstrate that he or she has an
objectively reasonable apprehension that they are in “imminent danger of
becoming the victim of any act of domestic violence.” Randolph,
58 So. 3d at 291
(quoting §
741.30(1)(a))....
...consider the current allegations, the parties’ behavior within the relationship, and
the history of the relationship as a whole.” Leal,
220 So. 3d at 545 (quoting Gill v.
Gill,
50 So. 3d 772, 774 (Fla. 2d DCA 2010) (internal quotations omitted)).1
1 Pursuant to section
741.30(6)(b), when determining whether a petitioner has
reasonable cause to believe he or she is in imminent danger of becoming a victim
of domestic violence, a court “shall consider and evaluate all relevant factors,”
including, but not...
...has threatened to conceal, kidnap, or harm the petitioner’s child or children”; (iv)
“[w]hether the respondent has physically restrained the petitioner from leaving the
home”; (v) and “[w]hether the respondent has destroyed personal property”
belonging to the petitioner. § 741.30(6)(b)(1)-(10).
8
The instant case is similar to Leal, where this Court found sufficient
evidence to support a domestic violence injunction....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2002 WL 385178
...While visiting their mother at a hospital, the brother and sister got into an argument which escalated into physical violence because of which Roth sought, and was successful in obtaining against Rosenthal, a permanent injunction pursuant to Florida's domestic violence statute, section 741.30, Florida Statutes (2001)....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2017 WL 2457228, 2017 Fla. App. LEXIS 8323
...We
disagree, and affirm.
The trial court may grant an injunction where “the petitioner is either the
victim of domestic violence . . . or has reasonable cause to believe he or she is in
imminent danger of becoming a victim of domestic violence.” § 741.30(6)(a), Fla.
Stat....
...members or individuals closely associated with the petitioner”; “whether the
respondent has physically restrained the petitioner from leaving the home”; and
“whether the respondent has destroyed personal property” belonging to the
petitioner. Id. § 741.30(6)(b)(1)-(10)....
...See Randolph,
58 So. 3d at 292 (“[T]he law requires that
the party seeking the injunction must present sufficient evidence to establish the
objective reasonableness of his or her fear the danger of violence is ‘imminent.’”).
Considering the factors in section
741.30(6)(b), as the court must, Leal had turned
violent against Diaz before, and as recently as 2015....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2014 Fla. App. LEXIS 8505, 2014 WL 2480165
...e to the injunction. Based upon these allegations, she was entitled to a hearing on her motion. A permanent injunction for protection against domestic violence may be granted either for a fixed period of time or until further order of the court. See § 741.30(6)(c), Fla. Stat. (2013); Fla. Fam. L. R. P. 12.610(c)(4)(B). “Either party may move at any time to modify or dissolve the injunction. No specific allegations are required.” § 741.30(6)(c), Fla....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 1997 WL 352429
...Sharpe, Melbourne, pro se. HARRIS, Judge. Michelle D. Sharpe, the widow of Appellant's brother, sought and received a "domestic violence" injunction against Douglas Michael Sharpe. He appeals; we reverse. A domestic violence injunction is authorized under section 741.30, Florida Statutes (1995)....
...married or have resided together at any time." Even though this definition does not appear to require that one related by blood or marriage needs to reside with or to have resided with the alleged offender in order to come within subparagraph (e) of section 741.30, still the statute authorizes a cause of action only if such family or household member is or may have become the victim of domestic violence....
...Sharpe could not and cannot inflict statutory domestic violence on a sister-in-law with whom he has not shared a living accommodation. A similar issue was before the court in Evans v. Evans,
599 So.2d 205 (Fla. 2d DCA 1992). In that case, the court was concerned with section
741.30(1)(e), which then provided that the cause of action for domestic violence was limited to persons related by blood or marriage who are or were residing within a single dwelling unit....
...entitlement to the protection of the statute. Ms. Sharpe simply failed to do so. REVERSED and REMANDED. PETERSON, C.J., and GRIFFIN, J., concur. NOTES [1] We recognize that this language is inconsistent with the provisions of the form authorized by section 741.30(3)(b), but it appears that legislative intent is better reflected in its statutory language than in its forms....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2011 Fla. App. LEXIS 9677
...victim of domestic violence as defined by s.
741.28 or has reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence, the court may grant such relief as the court deems proper, including an injunction.... §
741.30(6)(a), Fla....
...ild. In his petition for injunction for protection against domestic violence, the Father only alleged that his daughter “could become [the] victim of domestic violence.” (Emphasis added.) Therefore, the question we must address is whether, under section 741.30(6)(a), the Mother’s behavior provides the reasonable cause to believe that the child is in imminent danger of becoming a victim of domestic violence....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2011 Fla. App. LEXIS 8458, 2011 WL 2278990
...court in the ex parte proceeding. It is not intended to inform that court's ultimate decision whether to enter permanent injunctions. The temporary injunctions were entered ex parte in late June 2010, pursuant to Florida's domestic violence statute, section 741.30, Florida Statutes (2010)....
...h. Parrish first contends that Price had no standing to seek the injunctions because she did not allege that she was the victim of the alleged violence; she claimed the victims were the parties' children. Parrish correctly notes that the language of section 741.30 does not specifically provide for a parent to seek an injunction on behalf of a minor child....
...He contrasts that section with section
784.046, Florida Statutes (2010), which addresses injunctions against repeat violence, sexual violence and dating violence, and which does contain such a provision. Nevertheless, we conclude that Price was authorized to petition for the injunctions on behalf of the children. Section
741.30 clearly contemplates that children are among those who may invoke the statute's protection from domestic violence. Section
741.30(1)(e) provides that the statutory injunction "may be sought by family or household members." The definition of the term "family or household members" includes "persons related by blood or marriage." §
741.28(3)....
...Accordingly, we hold that Price had standing to seek domestic violence injunctions on behalf of the parties' minor children. Parrish also challenges the court's denial of his motion to dissolve the temporary injunctions based on the insufficiency of Price's allegations. Section 741.30(5)(a) permits a court to issue such an injunction if "an immediate and present danger of domestic violence exists." The temporary injunctions were based solely on Price's sworn petitions....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2007 WL 1953020
...Florida statutes provide for the issuing of an injunction for protection when a person is either the victim of domestic violence or has reasonable fear to believe he or she is "in imminent danger of becoming the victim of any act of domestic violence." § 741.30(1)(a), Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 10679, 2010 WL 2788822
...Coe filed this petition for injunction against domestic violence on behalf of herself and the two children of the marriage. Her petition was required to “allege the existence of such domestic violence and ... include the specific facts and circumstances upon the basis of which relief [was] sought.” § 741.30(3)(a), Fla....
...To establish a right to an injunction, she was required to prove that she or the *544 children either had been the victim of domestic violence or that she had reasonable cause to believe that she or the children were in “imminent danger of becoming the victim” of an act of domestic violence. § 741.30(l)(a); see also Ambrefe v....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2011 Fla. App. LEXIS 11090, 2011 WL 2731941
...uld be "duplicative." The circuit court also noted that S.C. had been found guilty of a misdemeanor battery arising out of the 2004 altercation and indicated that it was, in part, basing its decision to issue the new injunction on that fact as well. Section 741.30(1)(a), Florida Statutes (2009), provides that a family or household member [3] may file a petition for an injunction for protection against domestic violence if that person "is either the victim of domestic violence as defined in [sect...
CopyCited 1 times | Florida 6th District Court of Appeal
...To obtain an injunction for protection against domestic violence, Mother had
to show either that Child was a victim of domestic violence or that Child had
reasonable cause to believe that she was in imminent danger of becoming a victim
of domestic violence. § 741.30(6)(a), Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2001 WL 166846
...the parties' dissolution of marriage...." The court declined to set an evidentiary hearing. We align ourselves with our sister courts in observing that under such circumstances the former wife's basic rights were violated. On her sworn pleadings, and in accordance with section 741.30(5), Florida Statutes (1999), the former wife was fully entitled to the temporary relief she had secured. Accordingly we reverse the order under review. On the going down of the mandate, the temporary order granting the former wife injunctive relief shall be reinstated. The matter may be handled by one circuit judge, however section 741.30 and the requirements of due process must be observed. See § 741.30(1)(b), Fla....
...4th DCA 1991)(Statute permitting trial court to grant temporary injunction restraining domestic violence is exclusive method to obtain injunction for protection against domestic violence.) See Shaw-Messer v. Messer,
755 So.2d 776 *469 (Fla. 5th DCA 2000) (concluding section
741.30 is the appropriate vehicle for a domestic violence injunction). Reversed and remanded. [2] NOTES [1] Section
741.30 provides in part: (4) Upon the filing of the petition, the court shall set a hearing to be held at the earliest possible time....
CopyCited 1 times | Published | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 111, 2010 Fla. LEXIS 178
...This Court has “recognized the importance of the constitutional guarantee of citizen access to the courts, with or without an attorney.” State v. Spencer,
751 So.2d 47, 48 (Fla.1999) (citing Rivera v. State,
728 So.2d 1165, 1166 (Fla.1998)). In the context of domestic and repeat violence, section
741.30(l)(f) of the Florida Statutes (2009), states, “This cause of action for an injunction shall not require that either party be represented by an attorney.” To ensure that potential victims of domestic violence have access to the courts, the Legislature waived the filing fee for domestic violence petitions. See §
741.30(2)(a), Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2017 WL 535398, 2017 Fla. App. LEXIS 1712
...and hearing,
when it appears to the court that [a] petitioner is either the victim of domestic violence
as defined by [section]
741.28 or has reasonable cause to believe he or she is in
imminent danger of becoming a victim of domestic violence." §
741.30(6)(a), Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 1992 WL 372229
...92-2109. District Court of Appeal of Florida, First District. December 18, 1992. *687 Warren J. Bird of Conner and Walborsky, Tallahassee, for appellant. Thomas E. Stone, Madison, for appellee. SMITH, Judge. Appellant appeals an order entered pursuant to section 741.30, Florida Statutes (1989), extending an injunction for protection against domestic violence for one year....
...Florida. She thought he was living in Perry after the separation. Alleging that her husband threatened her with a firearm, the wife filed a petition for temporary injunction for protection against domestic violence on November 14, 1991, pursuant to section 741.30. [1] An ex parte hearing, which is provided for in section 741.30(6)(a), was held the same day the petition was filed....
...A passing comment in one of the orders of the Wisconsin circuit court indicates the court may have had informal notice of the Florida proceeding, but the court discounted the November 14, 1991 order of the Florida circuit court because it was entered ex parte. Clearly, the Wisconsin court was not advised by the husband that section 741.30, Florida Statutes, permits an order to be entered ex parte under special circumstances outlined in the statute circumstances which were alleged to be present in this case....
...It cannot be stressed too much that at no point in his argument to this court has the husband contended nor could he contend that the Madison County Circuit Court order of November 14, 1991 was invalid or entered without or in excess of jurisdiction. While this order was entered under section 741.30, not the UCCJA, the proceedings under the two statutes can be harmonized and are not antagonistic in any respect. As is provided for in section 741.30, the UCCJA permits a court to act and decide child custody matters if a child is physically present in a state and has been abandoned, or if it is necessary in an emergency to protect the child because he has been subjected to or threatened with mistreatment or abuse or is otherwise neglected....
...the UCCJA. Thereafter, the Florida court entered an order affirming its injunction and finding that it had jurisdiction to enter the temporary injunction on November 14, 1991, which should remain in full force and effect for the period of one year. § 741.30(7)(b), Fla....
...Apparently, the trial court was of the view that the validity of the Wisconsin court's exercise of jurisdiction, and other issues arising under the UCCJA, were matters more appropriately addressed by the court now hearing the separate divorce action presently pending in Madison County Circuit Court. See § 741.30(2)(c), Fla....
...sues are now being litigated in the Madison County Circuit Court divorce action. We affirm the wisdom of the trial court's order. The trial court confined its order to a determination of whether or not the temporary injunction, validly granted under section 741.30, should be extended....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2005 WL 3439929
...Beaver: Well, Your Honor The Court: Because I have not seen jurisdiction yet. You're going to have to argue that one for me. The court raised the jurisdictional issue because it did not understand how the parties involved in the domestic relationship came within the applicable statute. Section 741.30, Florida Statutes (2005), creates a cause of action for an injunction for protection against domestic violence....
...e file in case No. 0605, asserting that the order was a "final order" denying a petition for temporary and permanent injunction. We thereafter consolidated the appeals. We reverse because of the trial court's erroneous view of its jurisdiction under Section 741.30....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 1995 WL 704742
...cked jurisdiction to transfer custody of the children from appellant (Blackwood) to appellee (Anderson), and to enter a domestic violence injunction against Blackwood. Blackwood, the mother of the children, filed an action for injunction pursuant to section 741.30, Florida Statutes (Supp....
...kwood. The provisions set forth in chapter 741, Florida Statutes (Supp. 1994), provide the exclusive method of obtaining an injunction for protection against domestic violence. Campbell v. Campbell,
584 So.2d 125 (Fla. 4th DCA 1991). In this regard, section
741.30 requires that there be a sworn petition alleging specific facts of domestic violence, [1] and that, prior to an injunction after notice being entered, there must be personal service of the petition and notice of hearing on the responding party....
...[3] In any event, even if the statutory requirements had been met, the order would still have to be reversed because the trial judge failed to set forth findings of fact and conclusions of law to support the entry of mutual orders of protection. See § 741.30(6)(d), Fla....
...In summary, as much as I respect the wisdom of the majority and the good intentions of the trial judge, in my view, we cannot perpetuate an order which has been entered without jurisdiction. Instead, the order must be stricken as void. NOTES [1] See § 741.30(3), Fla. Stat. (Supp. 1994). [2] See § 741.30(4), Fla. Stat. (Supp. 1994). [3] Section 741.30(1)(h), provides: The court is prohibited from issuing mutual orders of protection unless: 1....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2003 Fla. App. LEXIS 12839, 2003 WL 22023226
...Upon review, the trial court denied the motion as being legally insufficient, ruling, in pertinent part, that: ‘Wife’s motion does not allege any new act of violence toward her since the entry of the injunction”. The wife challenges this ruling claiming that her motion was sufficient. Section 741.30(6)(b) of the Florida Statutes (2001) authorizes the imposition of an injunction against domestic violence as follows: 741.30....
...or ordering other relief for the protection of the victim under subparagraph (a)7. shall remain in effect until modified or dissolved. *525 Either party may move at any time to modify or dissolve the injunction. No specific allegations are required. Such relief may be granted in addition to other civil or criminal remedies. § 741.30(6)(b), Fla....
...While Sheehan is correct that the statute does not specifically require any allegation of a new act of violence, in Patterson v. Simonik,
709 So.2d 189 (Fla. 3d DCA 1998), the Third District construed the statute as follows: In making its decision as to whether a permanent injunction should be extended, we believe that section
741.30(6)(b) requires a court to determine whether the petitioner’s professed continuing fear of the respondent is reasonable based upon all of the circumstances....
...where wife failed to sustain her burden of showing substantial and material change in circumstances to justify extension). Having rejected as meritless all of the wife’s claims of error, we affirm. AFFIRMED. SHARP, W. and PLEUS, JJ., concur. . See § 741.30(6)(b), Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2011 Fla. App. LEXIS 13084, 2011 WL 3629356
...oath when the clerk administered it to the group at the beginning of the docket. . In so holding, we emphasize that a party is not required to be represented by an attorney in injunction proceedings. "In the context of domestic and repeat violence, section
741.30(1)(f) of the Florida Statutes (2009), states, 'This cause of action for an injunction shall not require that either party be represented by an attorney.’ " In re Eriksson,
36 So.3d 580, 593 (Fla.2010)....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal
...injunction for protection against domestic violence in favor of Kathryn Ann Douglas, the
Wife. We reverse because the final judgment is not supported by competent,
substantial evidence that the Wife had an objectively reasonable fear of imminent
domestic violence.
Section 741.30(6)(a), Florida Statutes (2016), provides for the issuance of
an injunction "when it appears to the court that the petitioner is either the victim of
domestic violence as defined by s....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2001 Fla. App. LEXIS 4592, 2001 WL 332488
...Although all the injunctions have expired, we have decided this case because it presents an issue capable of repetition, but evading review. See In the Interest of K.D.H.,
685 So.2d 1306 (Fla. 2d DCA 1995). We reverse. Issuance of temporary injunctions for protection against domestic violence are governed by section
741.30(5), Florida Statutes (1999), and Florida Rule of Family Law Procedure 12.610. Both the statute and the rule provide that such an injunction may be entered ex parte if the petitioner’s verified pleadings or affidavits establish “that an immediate and present danger of domestic violence ex *33 ists.” §
741.30(5)(a); see also Fla.Fam....
...that fail to satisfy even the relatively minimal requirements of the statute. Further, we note that if a court denies a temporary injunction, the statute requires it to set a full hearing on the petition, with notice, at the earliest possible time. § 741.30(5)(b)....
...objection to a reversal of the injunction on appeal. Although all the injunctions have expired by their terms, we hold that they were improperly entered. We presume that law enforcement already has been advised that the injunctions have terminated. § 741.30(c)(5), Fla.Stat....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 1998 WL 204950
...Defendant has appealed. Several months after the trial court's decision, this court issued its opinion in Spiegel v. Haas,
697 So.2d 222 (Fla. 3d DCA 1997). In considering the similar (although not identical) statute regulating domestic violence injunctions under section
741.30, Florida Statutes (1995), this court ruled that the one-year extensions were not automatic....
...er court was not necessarily required to extend this permanent injunction if it determined from all of the circumstances that there was no longer a reasonable basis for the former wife's continued fear of the former husband. We note that pursuant to section 741.30(1)(a), a cause of action for an injunction for protection against domestic violence has been created for any person who is the victim of any act of domestic violence, or has reasonable cause to believe that he or she may become the victim of any act of domestic violence....
...Under the plain language of this statute, it is not necessary for the petitioner to demonstrate that he or she has been the victim of domestic violence; it merely requires the petitioner to demonstrate that he or she has reasonable cause to believe that he or she may become the victim of domestic violence.... Section 741.30(6)(b) vests the trial court with broad discretion to thereafter extend the permanent injunction for up to one year even in the absence of specific allegations of abuse after "considering the circumstances." Since the initial permanent injunction is not obtainable absent a showing of an actual act of domestic violence or a reasonable fear of future violence, we construe section 741.30(6)(b) to mean that an extension of the permanent injunction likewise requires the showing of an actual act of violence or continuing reasonable fear on the part of the petitioner that an act of domestic violence is likely to occur or reoccur in the future. In making its decision as to whether a permanent injunction should be extended, we believe that section 741.30(6)(b) requires a court to determine whether the petitioner's professed continuing fear of the respondent is reasonable based upon all of the circumstances. Moreover, contrary to the former husband's argument, we do not believe that section 741.30(6)(b) confines the court to examining only the circumstances between the parties for the preceding year....
...mposition of the permanent injunction as well to determine whether the petitioner's continuing fear of future violence is reasonable. Thus, in light of the fact that we believe that the lower court misconstrued its discretionary powers granted under section 741.30(6)(7), we vacate the order under review and remand for further proceedings consistent with this opinion....
...have been changed so that injunctions are not time limited and will continue in place until there is a motion to dissolve. See ch. 97-155, § 8, at 2982, Laws of Fla. (codified at § 786.046(7)(c), Fla. Stat. (1997)); id. § 5, at 2976 (codified at § 741.30(7)(b), Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2016 WL 1425943, 2016 Fla. App. LEXIS 5512
...fraud upon‘the court.” Blitch v. Owens,
519 So.2d 704, 705 (Fla. 2d DCA 1988). In this case, however^ there was no evidence of an error of law, mistake of fact, or fraud. A petition for a domestic violence injunction is a civil cause of action. §
741.30(1), Fla. Stat. (2015) (“There is created a cause of action for an injunction for protection against domestic violence.”). 2 Either the petitioner or the respondent may move to modify or dissolve a domestic violence injunction at any time. §
741.30(10), Fla....
...e an injunction at any time.”); Fla. Fam. L.R.P. 12.610(c)(6) (same). Here, the petitioner who originally sought and obtained the injunction filed a motion to modify it, seeking to dissolve it based on changed facts, which she had the right to do. § 741.30(1), Fla....
CopyPublished | Florida 5th District Court of Appeal | 2012 WL 3870411, 2012 Fla. App. LEXIS 14995
...Because Mascia failed to prove the elements necessary for the entry of a domestic violence injunction, we reverse. Mascia filed a petition seeking an injunction for protection against domestic violence against Morris, the uncle of Mascia’s wife. In order to have standing to seek such an injunction, section
741.30(l)(e), Florida Statutes, requires that a petitioner be a “family or household member[].” Section
741.28(3), Florida Statutes defines a “family or household member” as follows: “Family or household member” means spouses, for...
...ried. 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. (emphasis added). Thus, a party filing a petition under section
741.30 must prove “that the parties are residing, or have resided, together in the same single dwelling unit.” Fuccio v. Durso,
48 So.3d 1013, 1014 (Fla. 5th DCA 2010) (citing section
741.28, Fla. Stat.). This is a requirement that must be present before a court may enter an injunction for protection against domestic violence under section
741.30....
...In this case, neither Mascia’s petition nor the evidence presented at the injunction hearing indicates that Mascia ever lived in the same single dwelling unit as Morris. Accordingly, Mascia did not establish that he had standing to seek an injunction under section 741.30 and the trial court did not have the authority under the statute to enter an injunction in this case....
CopyPublished | Supreme Court of Florida | 21 Fla. L. Weekly Supp. 402, 1996 Fla. LEXIS 1456, 1996 WL 501109
...Bentley,
660 So.2d 313 (Fla. 2d DCA 1995)(Walker I), and Lopez v. Bentley,
660 So.2d 1138 (Fla. 2d DCA 1995)(Lopez I). In Walker I, the district court certified the following questions as being of great public importance: IS THE WORD “SHALL” AS USED IN SECTION
741.30(8)(a), FLORIDA STAT *771 UTES (SUPP.1994), TO BE INTERPRETED AS MANDATORY RATHER THAN AS PERMISSIVE OR DIRECTORY? IF INTERPRETED AS MANDATORY, IS SECTION
741.30(8)(a), FLORIDA STATUTES (SUPP.1994), AN UNCONSTITUTIONAL ENCROACHMENT ON THE CONTEMPT POWER OF THE JUDICIARY IN VIOLATION OF ARTICLE II, SECTION 3 OF THE FLORIDA CONSTITUTION?
660 So.2d at 321....
...We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. In Walker v. Bentley,
678 So.2d 1265 (Fla.1996)(Walker II), we recently approved the opinion of the district court in Walker I and answered the first question by finding that the word “shall” in section
741.30(8)(a), which governs the use of contempt proceedings in domestic violence cases, is to be interpreted as directory rather than mandatory....
CopyPublished | Florida 4th District Court of Appeal
danger of becoming a victim of domestic violence. §
741.30(6)(a), Fla. Stat. (2022). Here, the wife argues
CopyAgo (Fla. Att'y Gen. 1994).
Published | Florida Attorney General Reports
following question: Does the word "assist" in section
741.30(2)(c)1.,1 Florida Statutes, requiring the clerk
CopyPublished | Florida 1st District Court of Appeal
...To obtain an injunction for protection against
domestic violence, the party seeking the injunction must establish
that she has an objectively reasonable fear that she is in
“imminent danger of becoming the victim of any act of domestic
violence.” § 741.30(1)(a), Fla....
CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 7191, 1990 WL 136854
...Section
901.15(6) provides that an officer may make an arrest when he has probable cause to believe an “act of domestic violence” has been committed in violation of a domestic violence injunction authorized by section 741.-30, Florida Statutes. Domestic violence is defined in section
741.30(1) to include any assault....
CopyPublished | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 12836, 2009 WL 2762784
...Weiss, Miami, for appellee. Before GERSTEN, ROTHENBERG, and LAGOA, JJ. ROTHENBERG, J. Michael Reiss ("petitioner") filed a Petition for Injunction for Protection Against Domestic Violence ("petition") against his brother, David Reiss ("respondent"), under section 741.30, Florida Statutes (2008)....
...Thereafter, the trial court ruled that it was dismissing the action. In its written order of dismissal, the trial court concluded that it did not have just cause to issue an injunction for protection against domestic violence because the evidence presented was insufficient under section 741.30....
CopyPublished | Florida 3rd District Court of Appeal | 1997 WL 586422
PER CURIAM. Petitioner, former wife, seeks the issuance of a writ of mandamus compelling the trial court to conduct further proceedings for a determination of whether her expired permanent domestic violence injunction should be extended pursuant to section
741.30(6)(b), Florida Statutes (1995), in accordance with this court’s opinion and mandate rendered in Spiegel v. Haas,
697 So.2d 222 (Fla. 3d DCA 1997). In that opinion we found the trial court had “misconstrued its discretionary powers under section
741.30(6)(b)” and reversed and vacated the extension of the injunction....
CopyPublished | Florida 4th District Court of Appeal | 2000 Fla. App. LEXIS 12235, 2000 WL 1421347
...He seeks “an immediate order setting aside the order entered on September 1, 2000, sanctions to be imposed, and attorney’s fees awarded.” The domestic violence statute requires that a hearing be held concerning the injunction for protection “at the earliest possible time.” § 741.30(4), Fla.Stat. (1999). Section 741.30(5)(c) permits an extension hearing to be set ex parte....
CopyPublished | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 14927, 2015 WL 5836107
...The child is now 20 years old. As a result of the
injunction, appellant has been detained in airports when traveling
overseas.
A party to a domestic violence injunction “may move at any time to
modify or dissolve the injunction. No specific allegations are required.” §
741.30, Fla....
CopyPublished | Florida 3rd District Court of Appeal
...Therefore, it concluded that a categorical
prohibition on interested prosecutors would be impractical and requiring “the
appointment of an independent prosecutor in all cases would nullify a remedy
provided in the domestic violence statute.” Id. at 38–40; see also
§ 741.30(9)(a), Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2003 WL 22259814
...Mark Hanks, St. Petersburg, for Appellant. No appearance for Appellee Nute Carl Meeker, Jr. FULMER, Judge. John Russell Peterman, respondent below, appeals a final judgment for protection against domestic violence entered in favor of Nute Carl Meeker, Jr., under section 741.30, Florida Statutes (2002)....
...her in a house they jointly own. The evidence showed that there were violent episodes between these men in the recent past as their relationship was ending. Meeker sought an injunction, and Peterman's attorney filed a motion to dismiss, arguing that section
741.30 does not protect homosexuals against domestic violence. The trial court denied the motion to dismiss and granted the injunction, holding that the statute was intended to protect intimate partners. Section
741.30(1)(a) provides for a domestic violence injunction to "[a]ny person described in paragraph (e), who is either the victim of domestic violence as defined in s.
741.28 or has reasonable cause to believe he or she is in imminent danger of becoming the victim of any act of domestic violence." Section
741.30(1)(e) provides that the injunction may be sought by family or household members, and section *691
741.28(3) defines family or household members as: spouses, former spouses, persons related by blood or marriage, persons who are presentl...
...ently residing or have in the past resided together in the same single dwelling unit. Peterman argues that same-sex couples do not qualify as persons residing together as if a family because same-sex couples cannot marry in the state of Florida. But section 741.30(1)(e) states: "No person shall be precluded from seeking injunctive relief pursuant to this chapter solely on the basis that such a person is not a spouse." Therefore, we conclude that the statute does not exclude those persons who oth...
CopyPublished | Supreme Court of Florida | 2002 WL 31190948
Protection Against Domestic Violence under section
741.30, Florida Statutes, and other papers filed in
CopyPublished | Supreme Court of Florida
...Access to confidential files in related cases
shall not be granted except as authorized by Florida Rule of General
Practice and Judicial Administration 2.420.
(b) Confidentiality of Address. When a petitioner for
domestic violence injunction requests that his or her address be
kept confidential pursuant to section
741.30, Florida Statutes, this
information is exempt from the public records provisions of section
119.07(1), Florida Statutes and article I, section 24(a), Florida
Constitution, and is a confidential court record under Rule of
General Practice and Judicial Administration 2.420(d)....
...f Procedure Form 12.928, Cover Sheet for Family Court Cases
(10/21)
- 220 -
(C) Domestic Violence ‐ all matters relating to injunctions for protection against domestic
violence pursuant to section
741.30, Florida Statutes.
(D) Dating Violence ‐ all matters relating to injunctions for protection against dating
violence pursuant to section
784.046, Florida Statutes.
(E) Repeat Violence ‐ all matters relating to injunc...
CopyPublished | Supreme Court of Florida
...Access to confidential files in related cases
shall not be granted except as authorized by Florida Rule of General
Practice and Judicial Administration 2.420.
(b) Confidentiality of Address. When a petitioner for
domestic violence injunction requests that his or her address be
kept confidential pursuant to section
741.30, Florida Statutes, this
information is exempt from the public records provisions of section
119.07(1), Florida Statutes and article I, section 24(a), Florida
Constitution, and is a confidential court record under Rule of
General Practice and Judicial Administration 2.420(d)....
...f Procedure Form 12.928, Cover Sheet for Family Court Cases
(10/21)
- 220 -
(C) Domestic Violence ‐ all matters relating to injunctions for protection against domestic
violence pursuant to section
741.30, Florida Statutes.
(D) Dating Violence ‐ all matters relating to injunctions for protection against dating
violence pursuant to section
784.046, Florida Statutes.
(E) Repeat Violence ‐ all matters relating to injunc...
CopyPublished | Florida 2nd District Court of Appeal | 2006 WL 3019972
...scussion, [1] but we reverse *534 that portion of the order dissolving the injunction entered in favor of Buchan's minor son. The original final judgment of injunction for protection against domestic violence was issued on July 14, 2004, pursuant to section 741.30, Florida Statutes (2004)....
...ck in front of his son. Hibbard presented no witnesses or argument challenging the issuance of the injunction. Thereafter, on June 24, 2005, Hibbard moved to dissolve the injunction, arguing that the injunction had been improperly issued pursuant to section 741.30, because there was no evidence that Buchan's son had been the victim of domestic violence or that he had reasonable cause to believe that he was in imminent danger of becoming a victim of domestic violence....
...The circuit court granted Hibbard's motion without allowing Buchan's son to testify at the hearing. The court found that it lacked jurisdiction to issue the injunction because the proper way to resolve this matter was in the dissolution proceeding. We conclude that the circuit court's ruling was erroneous. Section 741.30(1)(b) specifically states that an injunction may be sought regardless of whether any other cause of action is currently pending between the parties....
...Therefore, the circuit court erred in finding that it did not have jurisdiction over this subject matter. [3] However, Hibbard argues on appeal that the circuit court's order should be affirmed, because the injunction was improperly issued pursuant to section 741.30....
...The original petition for injunction for protection against domestic violence alleged, and Buchan testified at the original hearing regarding, facts that show Buchan's son had reasonable cause to believe that he was in imminent danger of becoming a victim of domestic violence pursuant to section 741.30(1)(a)....
...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." [4] §
741.28(2). Section
741.30(6)(b)(2) provides that, in deciding whether a person has reasonable cause to believe that he is in imminent danger of becoming a victim of domestic violence, the court must consider "[w]hether the respondent has attempted to harm the p...
...NOTES [1] See Evans v. Evans,
599 So.2d 205 (Fla. 2d DCA 1992). [2] On November 23, 2004, an amended final judgment of injunction for protection against domestic violence was entered pursuant to a stipulation of the parties. [3] It should be noted that section
741.30(1)(c) provides that, "In the event a subsequent cause of action is filed under chapter 61, any orders entered therein shall take precedence over any inconsistent provisions of an injunction issued under this section which addresses mat...
CopyPublished | Supreme Court of Florida | 25 Fla. L. Weekly Supp. 965, 2000 Fla. LEXIS 2276, 2000 WL 1535306
...in support of the violation of an order of injunction for protection against domestic or repeat violence. Commentary 1995 Adoption. A cause of action for an injunction for protection against domestic violence and repeat violence has been created by section
741.30, Florida Statutes (Supp.1994) (modified by chapter 95-195, Laws of Florida), and section
784.046, Florida Statutes (Supp.1994), respectively....
...se of action is currently pending between the parties. However, the pendency of any such cause of action must be alleged in the petition. The relief the court may grant in a temporary or permanent injunction against domestic violence is set forth in section 741.30(6)....
...orth in Florida Supreme Court Approved Family Law Form 12.980(d). The relief the court may grant in a temporary or permanent injunction against repeat violence is set forth in section
784.046(7), Florida Statutes. Subdivision (b)(4) expands sections
741.30(2)(e)l and (2)(c)2, Florida Statutes, to provide that the responsibility to assist the petitioner may be assigned not only to the clerk of court but also to the appropriate intake unit of the court....
...r service. Subdivision (c)(3)(A) makes the procedure for service of a temporary order of injunction for protection against domestic violence and repeat violence consistent. This is intended to replace the differing requirements contained in sections
741.30(7)(b)3 and (7)(e)l and
784.046(8)(a)l, Florida Statutes. Subdivision (c)(3)(B) makes the procedure for service of a permanent order of injunction for protection against domestic violence and repeat violence consistent. This is intended to replace the differing requirements contained in sections
741.30(7)(a)3 and (7)(c)l and
784.046(8)(c)l, Florida Statutes, and to specifically clarify that service of the permanent injunction by mail is only effective upon a party who is present at the hearing which resulted in the issuance of the injunction. Subdivision (c)(4)(A) restates sections
741.30(5)(c) and
784.046(6)(c), Florida Statutes, with some expansion....
...This subdivision also makes the procedures in cases of domestic and repeat violence identical, resolving the inconsistencies in the statutes. Subdivision (c)(4)(B) makes the procedures in cases of domestic and repeat violence identical, resolving inconsistencies in the statutes. As stated in section 741.30(l)(c), Florida Statutes, in the event a subsequent cause of action is filed under chapter 61, Florida Statutes, any orders entered therein shall take precedence over any inconsistent provisions of an injunction for protection against d...
...d repeat violence. Pursuant to that statute, the petitioner may. contact the clerk of the circuit court of the county in which the violation is alleged to have occurred to obtain information regarding enforcement. Subdivision (c)(7) expands sections 741.30(2)(e)l and (2)(c)2, Florida Statutes, to provide that the responsibility to assist a petitioner may not only be assigned to the clerk of court but also to the appropriate intake unit of the court....
CopyPublished | Florida 1st District Court of Appeal | 2012 WL 4800992, 2012 Fla. App. LEXIS 17429
THOMAS, J. Appellant appeals an injunction for protection against domestic violence without minor children, pursuant to section 741.30, Florida Statutes (2011)....
CopyPublished | Florida 2nd District Court of Appeal | 2014 Fla. App. LEXIS 18185, 2014 WL 5784553
...We agree and reverse.
In order for the trial court to issue an injunction for protection against
domestic violence, the party seeking the injunction must establish that he or she has an
objectively reasonable fear that he or she is in "imminent danger of becoming the victim
of any act of domestic violence." § 741.30(1)(a), Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2014 Fla. App. LEXIS 18187, 2014 WL 5784561
...injunction for protection against
domestic violence, the party seeking the injunction must establish that he or she has an
objectively reasonable fear that he or she is in "imminent danger of becoming the victim
of any act of domestic violence." § 741.30(1)(a), Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2002 Fla. App. LEXIS 16076, 2002 WL 31465403
...reasonable cause to believe that she is in imminent danger from domestic violence.” In other words, the trial court found that neither of the statutory prerequisites for the issuance of a domestic violence injunction was established by the Mother. § 741.30(1), Fla....
...Notwithstanding this finding, the court directed the Father to continue to have no contact with the Mother and the children and awarded the Mother exclusive use and occupancy of the residence. Although these directives are allowed if an injunction is entered, § 741.30(6)(a), the trial court dismissed the injunction in this case....
CopyPublished | Florida 3rd District Court of Appeal | 1999 Fla. App. LEXIS 15439, 1999 WL 1043928
...We reverse because the facts alleged and proved by appellee, Gisselle Marquez, do not support the conclusion that she had reasonable cause to believe she was in imminent danger of becoming the victim of domestic violence; therefore, entry of the injunction was improper. Section 741.30 of the Florida Statutes (1997) authorizes trial courts to enter injunctions to prevent domestic violence....
...nce, or has reasonable cause to believe he or she is in imminent danger of becoming the victim of any act of domestic violence, has standing in the circuit court to file a sworn petition for an injunction for protection against domestic violence.” § 741.30(l)(a), Fla....
...Farrell, ordering him to enroll in a certified batterer’s intervention program. We *415 conclude that the evidence contained in the instant record does not support the conclusion that Ms. Marquez had “reasonable cause to believe ... she [was] in imminent danger of becoming the victim of any act of domestic violence.” § 741.30(l)(a), Fla....
CopyPublished | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 17652, 2010 WL 4628999
...As a result, the trial court reversibly erred in refusing to transfer venue from Okaloosa County, the residence of the complainant Wendy Shockley, [2] to Walton County. Hill,
813 So.2d at 213. REVERSED. KAHN, VAN NORTWICK, and MARSTILLER, JJ., concur. NOTES [1] Subsequent to the decision in Hill, the legislature amended section
741.30, Florida Statutes, to add a special venue provision, section
741.30(1)(j), allowing a petition to be filed in the circuit where the petitioner resides....
CopyPublished | Florida 3rd District Court of Appeal
...ainst
the defendant of an injunction for protection against repeat violence or dating
2
violence, pursuant to s.
784.046, Fla. Stat. [or] an injunction for protection
against domestic violence pursuant to s.
741.30, Fla....
...ludes
the additional element that, at the time of the conduct, “an injunction for
protection against repeat violence, sexual violence, or dating violence
pursuant to s.
784.046, or an injunction for protection against domestic
violence pursuant to s.
741.30,” had been entered against the defendant for
the benefit of the victim....
...me of aggravated
stalking as charged in the Information—that the victim sought and obtained
an injunction for protection against repeat violence pursuant to section
784.046, or an injunction for protection against domestic violence pursuant
to section
741.30....
...urt erred in denying his motion
for judgment of acquittal because the State failed to prove the issuance of
an injunction against repeat violence (pursuant to section
784.046) or an
injunction for protection against domestic violence (pursuant to section
741.30), an essential element of aggravated stalking as charged in Count
One of the Information....
...Dilver contended (both in the trial court and here on appeal) that an
injunction for protection against stalking under section
784.0485 is not the
same as an injunction for repeat violence or dating violence under section
784.046, or an injunction for domestic violence under section
741.30.
Indeed, the State has conceded this point, and has further and commendably
conceded that the State did not (and could not) prove Dilver committed
aggravated stalking as charged in Count One of the Information, because
the State did not (and could not) establish that Dilver engaged in these acts
after the issuance of an injunction against repeat violence or dating violence
(pursuant to section
784.046) or domestic violence (pursuant to section
7
741.30), an essential element for aggravated stalking as charged in Count
One of the Information.
Simply stated, proof of the issuance and existence of an injunction for
protection against stalking under section
784.0485 was legally insuffic...
...establish the charge of aggravated stalking under section
784.048(4) which
requires proof of the issuance and existence of an injunction issued for
protection against repeat violence or dating violence (pursuant to section
784.046) or domestic violence (pursuant to section
741.30).
This same infirmity applies with respect to Counts Two and Three,
each charging a violation of an injunction against repeat violence....
CopyPublished | Florida 3rd District Court of Appeal | 2006 Fla. App. LEXIS 19121, 2006 WL 3302657
...iolence (“Renewed Motion to Dissolve”). We affirm. In April 2002, Laura Costanzo (“Ms. Costanzo”), who is Mr. Costanzo’s sister, filed a Petition for Injunction for Protection Against Domestic Violence (“Initial Petition”), pursuant to section 741.30, Florida Statutes (2002)....
...ve as Ms. Costanzo did not establish in her Initial Petition that she was entitled to a domestic violence injunction. In support of this contention, he raises two arguments. First, he argues that Ms. Costan-zo does not fall within the protections of section 741.30(l)(e), Florida Statutes (2002), as he and Ms....
...3d DCA 2002)(holding that a sister was properly granted a permanent domestic violence injunction against her brother, even though they had not resided with each other for more than forty years, where an argument between the siblings escalated into physical violence), it is contrary to Florida statutory law. Section 741.30(l)(e), Florida Statutes (2002), provides that a “cause of action for a[] [domestic violence] injunction may be sought by family or household members....
...Cos-tanzo are brother and sister, they are related by blood, and because they have resided together in the past, Ms. Costanzo was entitled to seek and obtain a domestic violence injunction against Mr. Costanzo and be afforded the protections provided in section 741.30(l)(e), Florida Statutes (2002)....
...To state a cause of action, the petitioner must allege sufficient facts demonstrating that he or she is a “victim of domestic violence” or “has reasonable cause to believe he or she is in imminent danger of becoming the victim of any act of domestic violence ....” § 741.30(l)(a), Fla....
CopyPublished | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 837, 2013 WL 6014354, 2013 Fla. LEXIS 2475
...(B) Dissolution of Marriage — petitions for the termination of marriage pursuant to Chapter 61, Florida Statutes, other than simplified dissolution. (C) Domestic Violence — all matters relating to injunctions for protection against domestic violence pursuant to section 741.30, Florida Statutes....
CopyPublished | Supreme Court of Florida
...Procedure Form 12.928, Cover Sheet for Family Court Cases
(11/20)
- 111 -
(C) Domestic Violence ‐ all matters relating to injunctions for protection against domestic
violence pursuant to section
741.30, Florida Statutes.
(D) Dating Violence ‐ all matters relating to injunctions for protection against dating
violence pursuant to section
784.046, Florida Statutes.
(E) Repeat Violence ‐ all matters relating to injunc...
CopyPublished | District Court of Appeal of Florida | 1999 Fla. App. LEXIS 14856
...In Simpson , we held that a wrongful death suit against the city’s police department would not be barred by sovereign immunity if it was alleged that the police released, after an arrest, a domestic violence injunction violator, without taking the violator before the court as prescribed by section 741.30(9)(b), Florida Statutes....
...d was consistently denied. . See Maciejewski v. Holland,
441 So.2d 703, 704 (Fla. 2d DCA 1983)(aII material allegations of the complaint are taken as true; court is not allowed to speculate as to whether allegations can be proven at a later time). . Section
741.30(9)(b) provides in pertinent part that: In the event the respondent is arrested by a law enforcement officer under the authority of s....
...741.31, the respondent shall be held in custody and brought before the court as expeditiously as possible for the purpose of enforcing the injunction. The respondent may be admitted to bail in accordance with the provisions of chapter 903 and the applicable rules of criminal procedure, pending a hearing. § 741.30(9)(b), Fla....
CopyPublished | Florida 5th District Court of Appeal | 2014 WL 1839072, 2014 Fla. App. LEXIS 6903
...Section
784.0485(5)(c), Florida Statutes, provides that a full hearing on an injunction against stalking should be held on or before fifteen days from the entry of the temporary injunction, unless good cause is shown. 1 Recently, we addressed an almost identical provision in the domestic violence injunction statute — section
741.30(5)(c) — in Bacchus,
108 So.3d 712 ....
...Bacchus involved a scenario where the trial court, following an evidentiary hearing, extended a temporary injunction for one year instead of ruling on the petitioner’s right to a permanent injunction. We reversed the lower court’s ruling, noting that section 741.30 “does not provide for the issuance of a series of temporary injunctions in lieu of a permanent injunction.” Id....
CopyPublished | Supreme Court of Florida | 2013 Fla. LEXIS 1939, 2013 WL 1908394
...ORDER SETTING HEARING ON PETITION FOR INJUNCTION FOR PROTECTION AGAINST ( ) DOMESTIC VIOLENCE ( ) REPEAT VIOLENCE ( ) DATING VIOLENCE ( ) SEXUAL VIOLENCE ( ) STALKING WITHOUT ISSUANCE OF AN INTERIM TEMPORARY INJUNCTION A Petition for Injunction for Protection Against: Domestic Violence filed under section
741.30, Florida Statutes; Repeat, Dating, or Sexual Violence filed under section
784.046, Florida Statutes; or Stalking filed under section 784.0845, Florida Statutes, has been reviewed....
...ll that apply] a. _ Petitioner ft ¡led to appear at the hearing scheduled in this cause. b. _ Petitioner appeared at the hearing but desires to voluntarily dismiss this action. c. _ The evidence presented is insufficient under Florida law (sections
741.30,
784.046, or
784.0485, Florida Statutes) to allow the Court to issue an injunction for protection against domestic, repeat, dating, or sexual violence; orstalking....
...rt as follows: 1,_Ex parte. The claims in the motion for extension of injunction for protection make it appear to the Court that there is an immediate and present danger of domestic, repeat, dating, or sexual violence; or stalking, as required under section
741.30, section
784.046, or section
784.0485, Florida Statutes....
CopyPublished | Florida 2nd District Court of Appeal | 2005 Fla. App. LEXIS 7241, 2005 WL 1162904
PER CURIAM. Anthony Palmerino challenges a final judgment of injunction for protection against domestic violence obtained by Jinny Claire Carter, his former spouse, pursuant to section 741.30, Florida Statutes (2003)....
...Carter was the victim of domestic violence or that she had reasonable cause to believe that she was in imminent danger of becoming the victim of any act of domestic violence at the hands of Mr. Palmerino. See Gustafson v. Mauck,
743 So.2d 614 (Fla. 1st DCA 1999) (citing §
741.30(1), Fla....
CopyPublished | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 407, 2003 Fla. LEXIS 804, 2003 WL 21087985
...See art. V, § 2(a), Fla. Const. During the 2002 session, the Legislature amended the definition of “domestic violence” set forth in section
741.28, Florida Statutes (2001). See ch.2002-55, § 9, at 790, Laws of Fla. The Legislature also amended section
741.30, Florida Statutes (2001), to require that all domestic violence proceedings be recorded....
...ection Against Domestic Violence, should include the ten statutory factors that a judge may consider when determining whether a petitioner has reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence. See § 741.30(6)(b), Fla....
...ce against the respondent “in this or any other court.” We agree that adding the phrase “in this or any other court” will make Section III. 2. consistent with Section III. I. 4 Chief Judge Demers correctly notes that the statutory changes to section 741.30(6)(h), Florida Statutes (2001), require recording of domestic violence proceedings, but do not require recording of repeat and dating violence proceedings....
...Although several of the comments address only specified forms, we have concluded that certain suggestions are applicable to other forms and have, therefore, amended those forms accordingly. These additional amendments are noted where appropriate. . The ten factors set forth in section 741.30(6)(b) are: 1....
CopyPublished | Florida 1st District Court of Appeal
...Such proof
is also not required for an injunction against stalking under section
784.0485, Florida Statues (2018). Additionally, a petitioner being
in imminent danger of a future act of domestic violence is but one
way to prove an injunction against domestic violence under section
741.30, Florida Statutes (2018)....
CopyPublished | District Court of Appeal of Florida
Sanchez on November 22, 2019, pursuant to section
741.30(5)(c). The ex parte injunction was set to
CopyPublished | Supreme Court of Florida | 11 Fla. L. Weekly 206, 1986 Fla. LEXIS 2172
...(F) URESA — Non IV-D — all matters relating to Chapter 88, Florida Statutes in which an application for assistance has not been filed under Title IV-D, Social Security Act. (G) Domestic Violence — all matters relating to injunctions for protection against domestic violence pursuant to F.S. 741.30....
CopyPublished | Florida 4th District Court of Appeal
...evidence is “[l]egal sufficiency . . . as opposed to evidentiary weight.” Stone
v. Stone,
128 So. 3d 239, 240 (Fla. 4th DCA 2013) (alterations in original)
(quoting Brilhart v. Brilhart ex rel. S.L.B.,
116 So. 3d 617, 619 (Fla. 2d DCA
2013)).
Pursuant to section
741.30(1)(a), Florida Statutes (2019), an injunction
for protection against domestic violence may be sought by a family or
household member “who is either the victim of domestic violence as
defined in s.
741.28 or has reasonable cause to believe he or she is in
imminent danger of becoming the victim of any act of domestic violence.”
§
741.30(1)(a), Fla....
...sonable, “the trial
court must consider the current allegations, the parties’ behavior within
the relationship, and the history of the relationship as a whole.” Id.
(quoting Malchan v. Howard,
29 So. 3d 453, 454 (Fla. 4th DCA 2010)).
Moreover, section
741.30(6)(b), Florida Statutes (2019), provides a non-
exhaustive list of more specific considerations:
In determining whether a petitioner has reasonable cause to
believe he or she is in imminent danger of becoming a victim...
....
....
10. Whether the respondent engaged in any other behavior or
conduct that leads the petitioner to have reasonable cause to
believe that he or she is in imminent danger of becoming a
victim of domestic violence.
§ 741.30(6)(b), Fla....
...constitute legally sufficient evidence to establish a reasonable cause to
believe Appellant was in imminent danger of violence. Without any
indication that the trial court disbelieved any of Appellant’s testimony at
the hearing, and after considering the factors provided for in section
741.30(6)(b), we are constrained to determine that Appellant presented
sufficient evidence that she had an objectively reasonable fear that she
was in imminent danger of becoming a victim of domestic violence and the
trial court abused its di...
CopyPublished | Florida 4th District Court of Appeal | 2006 Fla. App. LEXIS 4436, 2006 WL 782823
...The trial court acknowledged that the child was suffering from emotional problems which could have resulted from the behavior of the father, but found insufficient evidence that the child was a victim or was in imminent danger of becoming a victim of domestic violence as required by section 741.30(6)(a), Florida Statutes (2005)....
CopyPublished | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 199, 2013 WL 1234993, 2013 Fla. LEXIS 543
...(x) Identifying-information-in eClinical records of detained criminal defendants found incompetent to proceed or acquitted by reason of insanity. §
916.107(8), Fla. Stat. (xi) Estate inventories and account-ings: §
733.604(1), Fla. Stat. (xii) The victim’s address in a domestic violence action on petitioner’s request. §
741.30(3)(b), Fla....
...d inoompetent to proceed-or acquitted by-reason of insanityr-§-916.107(8). Ftor-Stat.- -Estate inventories-and-accountings.-⅝-7-3⅝⅛04(1), Fla. Stat. :-⅜⅛⅛-⅜-address in domestic ■ violence- notion on petitioner’s request. — §■ 741.30(3)(b), Fla....
CopyPublished | Florida 1st District Court of Appeal | 2006 WL 756449
...lready expired). Appellee has also filed a cross appeal, alleging that the trial court erred in declining to award attorney's fees against appellant in the injunction order. However, because there is no provision for an award of attorney's fees in a section
741.30, Florida Statutes, proceeding, this cross appeal is without merit. See Lewis v. Lewis,
689 So.2d 1271 (Fla. 1st DCA 1997) (denying an award of attorney's fees in a section
741.30, Florida Statutes, proceeding)....
CopyPublished | Florida 3rd District Court of Appeal | 2002 Fla. App. LEXIS 3924, 2002 WL 460398
...In addition, section
61.13(4)(c)(2), Florida Statutes (2001), authorizes a court to “order the custodial parent to attend the parenting course approved by the judicial circuit.” See Shaw v. Shaw,
760 So.2d 981, 982 (Fla. *841 4th DCA 2000). Although Chapter 741 governs domestic violence petitions, section
741.30(6) (a)(3), Florida Statutes (2001), grants the court authority to enter an order granting temporary custody of a minor child “[o]n the same basis as provided in chapter 61.” That is what the trial court did in this instance....
CopyPublished | Supreme Court of Florida | 40 Fla. L. Weekly Supp. 163, 2015 Fla. LEXIS 583, 2015 WL 1343088
...m.____referring Petitioner to a certified domestic violence center; and any other terms the Court deems
necessary for the protection of Petitioner and/or Petitioner’s child(ren), including injunctions or
directives to law enforcement agencies, as provided in Section 741.30, Florida Statutes.
I UNDERSTAND THAT BY FILING THIS PETITION, I AM ASKING THE COURT TO HOLD A HEARING ON
THIS PETITION, THAT BOTH RESPONDENT AND I WILL BE NOTIFIED OF THE HEARING, AND THAT I
MUST APPEAR AT THE HEARING....
...( ) DOMESTIC VIOLENCE ( ) REPEAT VIOLENCE
( ) DATING VIOLENCE ( ) SEXUAL VIOLENCE ( ) STALKING
WITHOUT ISSUANCE OF AN INTERIM TEMPORARY INJUNCTION
A Petition for Injunction for Protection Against: Domestic Violence filed under section
741.30, Florida
Statutes; Repeat, Dating, or Sexual Violence filed under section
784.046, Florida Statutes; or Stalking
filed under section
784.0485, Florida Statutes, has been reviewed....
...and
,
Respondent.
TEMPORARY INJUNCTION FOR PROTECTION AGAINST
DOMESTIC VIOLENCE WITH MINOR CHILD(REN)
The Petition for Injunction for Protection Against Domestic Violence under section 741.30, Florida
Statutes, and other papers filed in this Court have been reviewed....
...pearance, or immediately upon
receiving this notification if the time before the scheduled appearance is less
than 7 days; if you are hearing impaired, call 711.
SECTION II. FINDINGS
The statements made under oath by Petitioner make it appear that section 741.30, Florida Statutes,
applies to the parties....
..._________________,
Respondent.
TEMPORARY INJUNCTION FOR PROTECTION AGAINST DOMESTIC
VIOLENCE WITHOUT MINOR CHILD(REN)
The Petition for Injunction for Protection Against Domestic Violence under section 741.30, Florida
Statutes, and other papers filed in this Court have been reviewed....
...pearance, or immediately upon
receiving this notification if the time before the scheduled appearance is less
than 7 days; if you are hearing impaired, call 711.
SECTION II. FINDINGS
The statements made under oath by Petitioner make it appear that section 741.30, Florida Statutes,
applies to the parties....
...and
,
Respondent.
FINAL JUDGMENT OF INJUNCTION FOR PROTECTION AGAINST DOMESTIC
VIOLENCE WITH MINOR CHILD(REN) (AFTER NOTICE)
The Petition for Injunction for Protection Against Domestic Violence under section 741.30, Florida
Statutes, and other papers filed in this Court have been reviewed....
...Respondent after a hearing with notice.
Note: If Respondent meets any of the above enumerated criteria, the Court must order the Respondent
to attend a batterers' intervention program unless it makes written factual findings stating why such a
program would not be appropriate. See Section 741.30(6)(e), Florida Statutes.
a....
...Respondent.
FINAL JUDGMENT OF INJUNCTION
FOR PROTECTION AGAINST DOMESTIC VIOLENCE
WITHOUT MINOR CHILD(REN) (AFTER NOTICE)
The Petition for Injunction for Protection Against Domestic Violence under Section 741.30, Florida
Statutes, and other papers filed in this Court have been reviewed....
...otice.
Note: If Respondent meets any of the above enumerated criteria, the Court must order the Respondent
to attend a batterers' intervention program unless it makes written factual findings stating why such a
program would not be appropriate. See Section 741.30(6)(e), Florida Statutes.
b....
...__ Petitioner failed to appear at the hearing scheduled in this cause.
b. __ Petitioner appeared at the hearing but desires to voluntarily dismiss this action.
c. __ The evidence presented is insufficient under Florida law (sections
741.30,
784.046, or
784.0485, Florida Statutes) to allow the Court to issue an injunction for protection against
domestic, repeat, dating, or sexual violence; or stalking.
Accordingly, the case is dismissed without prejudice.
DON...
...o the Court as follows:
1._____Ex parte.
The claims in the motion for extension of injunction for protection make it appear to the Court that
there is an immediate and present danger of domestic, repeat, dating, or sexual violence as required
under section
741.30 or section
784.046, Florida Statutes, or that stalking exists, pursuant to section
784.0485, Florida Statutes....
CopyPublished | Florida 2nd District Court of Appeal
...In 2011, they were living
together in Riverview, Florida. Both worked in the military. On June 11, 2011, Ms. Trice
filed a petition to dissolve the parties' marriage. Seven days later, Ms. Trice filed a
petition for an injunction for protection against domestic violence pursuant to section
741.30, Florida Statutes (2010)....
...Trice was
acquitted in the criminal case after a jury trial. On August 1, 2013, the trial court entered
a final judgment dissolving the parties' marriage.
On June 27, 2016, Mr. Trice filed a motion to dissolve the injunction
pursuant to section 741.30(6)(c), Florida Statutes (2015)....
...4th DCA 2008) (reviewing order denying motion to
dissolve domestic violence injunction for abuse of discretion); cf. Miley v. Dunn, No.
2D17-4775,
2018 WL 6712214, at *3 (Fla. 2d DCA Dec. 21, 2018) (applying the same
standard to an order on a motion to modify a sexual violence injunction).
Section
741.30 allows a court to issue an injunction against domestic
violence "when it appears to the court that the petitioner is either the victim of domestic
violence . . . or has reasonable cause to believe he or she is in imminent danger of
becoming a victim of domestic violence." §
741.30(6)(a); see also Leaphart v. James,
185 So. 3d 683, 685 (Fla. 2d DCA 2016). Once entered, a domestic violence injunction
"shall remain in effect until modified or dissolved." §
741.30(6)(c). Either party to a
domestic violence injunction proceeding can move to modify or dissolve the injunction
"at any time." Id.; see also Fla. Fam. L. R. P. 12.610(c)(6).
Although section
741.30(6)(c) does not state what a party who seeks to
dissolve a domestic violence injunction must prove in order to obtain that relief, our
court and others have held that the movant must show "that there has been a change in
circumstance...
...Trice declining to testify on the stated basis of concern for the
criminal proceedings then pending against him. On that record, an injunction against
domestic violence was undoubtedly proper—the record established without dispute that
Ms. Trice had been a victim of domestic violence. See § 741.30(6)(a), Fla....
...But a
merely speculative fear of future violence cannot be enough to justify the never-ending
existence of an injunction. For a domestic violence injunction to issue in the first place,
there must be either an actual act of domestic violence or a reasonable fear that
domestic violence is imminent. See § 741.30(1)(a), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 3876, 2015 WL 1223692
...Beach County; Timothy P. McCarthy, Judge; L.T. Case No.
502013DR003796XX.
Michael L. Cohen, West Palm Beach, for appellant.
No brief filed for appellee.
PER CURIAM.
We reverse the final judgment of injunction for protection against
domestic violence.
Section 741.30(1)(a), Florida Statutes (2012), provides that a family or
household member may file a petition for protection against domestic
violence if that person is “either the victim of domestic violence as defined
in s....
CopyPublished | Supreme Court of Florida | 42 Fla. L. Weekly Supp. 319, 2017 WL 1031456, 2017 Fla. LEXIS 598
...would separate out sexual and repeat violence from subdivision (c)(1)(A)(i) and
provide yet another standard for issuance of a temporary injunction in those
situations—“that repeat or sexual violence exists”—are inconsistent with statutory
law. Section 741.30(5)(a), Florida Statutes (2016), addresses injunctions for
domestic violence and provides that a temporary injunction may be issued when “it
appears to the court that an immediate and present danger of domestic violence
exists.”...
...nst Domestic
Violence with Minor Child(ren), and 12.980(c)(2), Temporary Injunction for
Protection Against Domestic Violence without Minor Child(ren), both state:
The statements made under oath by Petitioner make it appear
that section 741.30, Florida Statutes, applies to the parties....
CopyPublished | Florida 1st District Court of Appeal | 2005 Fla. App. LEXIS 3457, 2005 WL 596956
...olence. Finding insufficient evidence which would lead a “reasonable person to believe that he or she is in imminent danger of becoming a victim of domestic violence,” we reverse. See Gustafson v. Mauck,
743 So.2d 614 (Fla. 1st DCA 1999) (citing section
741.30(1), Florida Statutes (1997))....
CopyPublished | Supreme Court of Florida
...(02/24)
-9-
61, Florida Statutes, other than simplified dissolution.
(C) Domestic Violence ‐ all matters relating to injunctions for protection against domestic
violence pursuant to section
741.30, Florida Statutes.
(D) Dating Violence ‐ all matters relating to injunctions for protection against dating
violence pursuant to section
784.046, Florida Statutes.
(E) Repeat Violence ‐ all matters relating to injunc...
CopyPublished | Florida 5th District Court of Appeal
...3d 511, 512 (Fla. 1st DCA 2015)
(reversing a domestic violence injunction because the petitioner
introduced no evidence to support her allegations).
2
is in imminent danger of becoming a victim of domestic violence. §
741.30(6)(a), Fla....
...(2024).
Here, the court issued a domestic violence injunction because
it found that Blake harassed Fares. Since harassment—standing
alone—is not domestic violence,2 this finding cannot support a
domestic violence injunction. See id. §§
741.28(2),
741.30(6)(a); see
also Douglas v....
...harassment).
Because Fares presented no evidence that she was the victim
of domestic violence or reasonably believed that she was in
imminent danger of becoming a victim of domestic violence, the
court erred by issuing a domestic violence injunction. See §
741.30(6)(a), Fla....
CopyPublished | Supreme Court of Florida
...(02/24)
-9-
61, Florida Statutes, other than simplified dissolution.
(C) Domestic Violence ‐ all matters relating to injunctions for protection against domestic
violence pursuant to section
741.30, Florida Statutes.
(D) Dating Violence ‐ all matters relating to injunctions for protection against dating
violence pursuant to section
784.046, Florida Statutes.
(E) Repeat Violence ‐ all matters relating to injunc...
CopyPublished | Florida 5th District Court of Appeal | 2015 Fla. App. LEXIS 3591, 2015 WL 1071040
EVANDER, J. Appellant, Lonny Bristrow, appeals an order dismissing his petition for injunction for protection against domestic violence. Wé affirm because the petition failed to state a cause of action. 1 Pursuant to section 741.30(l)(a), Florida Statutes (2014), any person who is either the victim of domestic violence or who has reasonable cause to believe he or she is in imminent danger of becoming a victim of any act of domestic violence has standing to file a sworn petition for an injunction for protection against domestic violence....
...Our affirmance is without prejudice to Appellant filing, if able to do so in good faith, a new, legally sufficient petition. AFFIRMED. LAWSON and EDWARDS, JJ., concur. . We agree with Appellant that the petition sufficiently alleged venue in Sumter County, Florida, pursuant to section 741.30(l)(j), Florida Statutes (2014): Notwithstanding any provision of chapter 47, a petition for an injunction for protection against domestic violence may be filed in the circuit where the petitioner currently or temporarily resides, where the respondent resides, or where the domestic violence occurred....
CopyPublished | Florida 1st District Court of Appeal
...ights and
affirm the final judgments.
We review a claim that a party has been denied procedural
due process de novo. Lopez v. Regalado,
257 So. 3d 550, 554 (Fla.
3d DCA 2018) (quoting Vaught v. Vaught,
189 So. 3d 332, 334 (Fla.
4th DCA 2016)). Section
741.30(4), Florida Statutes, concerning
domestic violence injunctions, requires personal service of the
petition, the notice of the hearing, and, if issued, the temporary
injunction before the evidentiary hearing....
CopyPublished | Florida 1st District Court of Appeal
...ights and
affirm the final judgments.
We review a claim that a party has been denied procedural
due process de novo. Lopez v. Regalado,
257 So. 3d 550, 554 (Fla.
3d DCA 2018) (quoting Vaught v. Vaught,
189 So. 3d 332, 334 (Fla.
4th DCA 2016)). Section
741.30(4), Florida Statutes, concerning
domestic violence injunctions, requires personal service of the
petition, the notice of the hearing, and, if issued, the temporary
injunction before the evidentiary hearing....
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 608, 1986 Fla. App. LEXIS 7468
...rmined [1] 1 to have committed abuse against a child as defined in s.
39.01(2) and (7), [2] to have a substantiated indicated report of abuse as defined in s. 415.503, or [3] to have committed an act which constitutes domestic violence as defined in s.
741.30....
...We find patently specious the contention of HRS that only the first of the three phrases (abuse against a child as defined in section
39.01) is susceptible to judicial determination and that the remaining two phrases (reports of abuse as defined in section 415.503 and domestic violence as defined in section
741.30) are not susceptible to determination in judicial proceedings....
...To this extent, HRS is correct that the act of committing child abuse under chapter 39 is readily susceptible to judicial determination. The third phrase of the sentence under consideration refers to the commission of an act which constitutes domestic violence as defined in section 741.30....
...ial proceedings filed under chapter 61, Florida Statutes, which deals with dissolution of marriage and child custody. Again, it is patently clear that an act of domestic violence is likely to be “judicially determined” in court proceedings under section 741.30 or under chapter 61....
CopyPublished | Florida 5th District Court of Appeal | 2012 WL 2051082, 2012 Fla. App. LEXIS 9205
...nt evidence that could support a finding that she had been a victim of domestic violence or was in imminent danger of becoming a victim of domestic violence-we reverse the final judgment and remand with directions that the petition be dismissed. See § 741.30, Fla....
CopyPublished | Florida 5th District Court of Appeal | 2003 Fla. App. LEXIS 8328, 2003 WL 21294072
...Although A.E.R.’s mother brought the action as “next friend” of A.E.R, neither the mother or sister were parties to the action. The mother was a party to the action only in her representative capacity for A.E.R., a minor, who was seeking an injunction pursuant to section 741.30, Florida Statutes (1997)....
CopyPublished | Florida 3rd District Court of Appeal
...We conclude Gonzalez established competent substantial
2
evidence that she was either a victim of domestic violence or had reasonable
cause to believe she was in imminent danger of becoming the victim of
domestic violence, as required by section 741.30, Florida Statutes....
...domestic violence’ . . . We conclude that Khan established competent,
substantial evidence that she was either a victim of domestic violence or had
reasonable cause to believe she was in imminent danger of becoming the
victim of domestic violence, as required by section 741.30(1).” (quoting §
1
We originally affirmed based on the lack of a transcript from the July 26,
2024, hearing on Gonzalez’s petition for injunction for protection against
domestic violence. That hearing transcript has since been filed. We affirm
based upon our full review of the record before us, including the
supplemental transcript.
3
741.30(1)(a), Fla....
CopyPublished | Florida 4th District Court of Appeal
...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.” Section
741.30(1)(a), Florida Statutes (2019), creates a cause of action for the
issuance of an injunction in favor of any family or household member “who
is either the victim of domestic violence ....
...the injunction, he may seek to modify or dissolve the petition in the trial
court based on the remoteness of the underlying events. A party to a DV
injunction “may move at any time to modify or dissolve the injunction. No
specific allegations are required.” § 741.30(6)(c), Fla....
...or an order is entered by a
court of competent jurisdiction 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(6)(a)3., Fla....
...In Cleary v. Cleary,
711 So. 2d 1302 (Fla. 2d DCA 1998), the court held
that the family court timesharing order takes precedence even when that
order was entered before the DV injunction petition was issued. Cleary
states in pertinent part:
Section
741.30(1)(c), Florida Statutes (Supp....
CopyPublished | Florida 4th District Court of Appeal
...The question of
whether the evidence is legally sufficient to justify imposing an injunction
is a question of law reviewed de novo. Pickett v. Copeland,
236 So. 3d
1142, 1145 (Fla. 1st DCA 2018).
The cause of action for an injunction for protection against domestic
violence originates in section
741.30, Florida Statutes (2020), which
states:
(1) There is created a cause of action for an injunction for
protection against domestic violence.
(a) Any person described in paragraph (e), who is either the
victim of domestic violence as defined in s....
...2d 746, 748 (Fla. 5th DCA 2002)).
8
And as to whether there must be proof of an imminent threat of violence,
proof of recent stalking can be sufficient to establish the act of “violence”
required for the issuance of a section 741.30(1)(a) domestic violence
injunction....
CopyPublished | Florida 1st District Court of Appeal
Bilbrey, J. Appellant is the father and Appellee the mother of a minor child. Appellant filed a petition for injunction for protection *794 against domestic violence on behalf of the child against Appellee as respondent. See § 741.30, Fla....
...ntry of a permanent injunction. Following the dismissal, the trial court awarded Appellee $500.00 attorney's fees based her amended motion for fees brought pursuant to section
57.105, Florida Statutes. Appellant challenges that award in this appeal. Section
741.30(1)(g), Florida Statutes, prohibits an award of attorney's fees "in any proceeding under this section." Appellant argues that the fee awarded to Appellee was prohibited by that statute. Appellee responds that the action brought by Appellant was governed by section
784.046, Florida Statutes, dealing with repeat violence and not section
741.30 dealing with domestic violence because Appellant filed his petition for injunction on behalf of his minor child regarding threats or acts of violence which Appellant alleged occurred while the child resided with Appellee. Appellee correctly notes that section
784.046 does not contain the same prohibition on attorney's fees as section
741.30....
...ainst domestic violence against the other former spouse on behalf of parties' children). The fact that these parents were never married does not deprive Appellant of his standing to seek protection from domestic violence on behalf of his child under section 741.30(1)(e)....
...The petition and orders in the trial court were standard Florida Supreme Court approved family law forms which consistently referred to domestic violence, not repeat violence. The record plainly shows that the parties and the trial court proceeded under section 741.30, and the award of attorney's fees was thus prohibited....
CopyPublished | Florida 6th District Court of Appeal
...As pleaded by Camacho in the eviction action, section
83.59, Florida Statutes
(2022), authorizes the county court to grant possession of a dwelling to a landlord
when the tenant does not vacate the dwelling upon termination of the rental
agreement. As pleaded by Castillo in defense, however, section
741.30 authorizes
the circuit court to award a petitioner who is a victim or in danger of domestic
violence at the hands of a respondent exclusive use and possession of a dwelling
they share. §
741.30(5)(a)2., Fla. Stat. (2022). Section
83.59 contains no exception
for a tenant who obtains a domestic violence injunction against the landlord, and
section
741.30 contains no exception for a respondent and petitioner who are
landlord and tenant....
...2 And the Legislature
created another exception to county courts’ “exclusive” jurisdiction over possession
proceedings by vesting only circuit courts with jurisdiction to issue domestic
violence injunctions, including injunctions awarding a petitioner exclusive
possession of a dwelling shared with a respondent. See § 741.30(1)(a), Fla....
...victim of domestic violence . . . or [person] in imminent danger of
becoming the victim of any act of domestic violence, has standing in the circuit court
to file a verified petition for an injunction for protection against domestic
violence.”); § 741.30(5)(a)2. (“[T]he court may grant a temporary injunction ex
parte, pending a full hearing . . . [a]warding to the petitioner the temporary exclusive
use and possession of the dwelling that the parties share . . . .”);
§ 741.30(6)(a)2....
.... . . [a]warding to the petitioner the
temporary exclusive use and possession of the dwelling that the parties share . . .
.”). 3 And the circuit court, alone, has jurisdiction to enforce, modify, or dissolve
domestic violence injunctions. See § 741.30(9)(a) (“The court may enforce a
violation of an injunction for protection against domestic violence through a civil or
criminal contempt proceeding . . . .”); § 741.30(10) (“The petitioner or the
respondent may move the court to modify or dissolve an injunction at any time.”).
Thus, the county court had jurisdiction to adjudicate Camacho’s and Castillo’s
respective rights of possession of...
...ly to the extent
such rights derived from a rental agreement and its termination. The court did not
have jurisdiction to adjudicate their respective rights of possession to the extent those
rights derived from a domestic violence injunction under section 741.30, the
issuance, enforcement, modification, and dissolution of which are within the circuit
court’s exclusive jurisdiction....
...free to vest courts with exclusive, concurrent, original, appellate, or final
jurisdiction.”).
4
court on Castillo’s injunction petition, where he could have challenged Castillo’s
possessory rights under the temporary injunction. See § 741.30(5)(c), Fla....
...AND DISPOSITION THEREOF IF TIMELY FILED
4
Camacho pleaded only an action for possession in his complaint. We do not
decide what remedy besides possession the county court could have granted under
chapter 83, if pleaded, while the section 741.30 domestic violence injunction was in
effect.
5
CopyPublished | Florida 3rd District Court of Appeal
...Lucas Connor Whalen challenges a final injunction for protection
against domestic violence without minor children. We are constrained to
reverse the final injunction because technical issues impeded the electronic
recording of the full evidentiary hearing as required by section 741.30(6)(h),
Florida Statutes (2023) (“All proceedings under this subsection shall be
recorded....
...Thus, the record on appeal impedes this court from
conducting appellate review of the trial court’s conclusion that appellee had
objectively reasonable cause to believe she was in imminent danger of
becoming the victim of domestic violence under section 741.30(6)(b)....
CopyPublished | Supreme Court of Florida | 23 Fla. L. Weekly Supp. 367, 1998 Fla. LEXIS 1238, 1998 WL 334343
...er 15,1998. It is so ordered. SHAW, HARDING, WELLS, ANSTEAD and PARIENTE, JJ., concur. APPENDIX A [[Image here]] TEMPORARY INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE The Petition for Injunction for Protection Against Domestic Violence under section 741.30, Florida Statutes, and other papers filed in this Court have been reviewed....
...Please contact { name } _, { address }_, {telephone }_, within 2 working days of your receipt of this temporary injunction. If you are hearing or voice impaired, call TDD 1-800-955-8771. FINDINGS The statements made under oath by Petitioner make it appear that section 741.30, Florida Statutes, applies to the parties....
...All further papers (excluding the final injunction, if entered without Respondent’s being present at the hearing, and pleadings requiring personal service) shall be served by mail to Respondent’s last known address. Such service by mail shall be complete upon mailing. Rule 12.080, Fla.Fam.L.R.P., section 741.30, Florida Statutes....
...FLORIDA Case No.: _ Division: _ [[Image here]] Petitioner, and [[Image here]] Respondent. FINAL JUDGMENT OF INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE (AFTER NOTICE) The Petition for Injunction for Protection Against Domestic Violence under section 741.30, Florida Statutes, and other papers filed in this Court have been reviewed....
...ntion program would be inappropriate: _ _ d. Petitioner is referred to a certified domestic violence center and is provided with a list of certified domestic violence centers in this circuit, which Petitioner may contact. 5. Court Costs. Pursuant to section 741.30(2)(a), Florida Statutes, filing fees to the Clerk of the Circuit Court and service fees to the sheriff are waived, subject to subsequent order of the Court; OR costs in the amount of $_ for the filing fee, plus $__ for the sheriffs fee...
...s within ten (10) days of the change. All further papers (excluding pleadings requiring personal service) shall be served by mail to Respondent’s last known address. Such service by mail shall be complete upon mailing. Rule 12.080, Fla.Fam.L.R.P., section 741.30, Florida Statutes....
CopyPublished | Florida 4th District Court of Appeal
...Cases involving the harassment of
purported victims via third parties as grounds for an injunction under
Chapter 741 indicate that such conduct would not support a finding of
objectively reasonable fear of imminent danger from domestic violence.
See § 741.30(6)(b), Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2011 WL 2496670
...ctim of domestic violence as defined by s.
741.28 or has reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence, the court may grant such relief as the court deems proper, including an injunction. . . . §
741.30(6)(a), Fla....
...child. In his petition for injunction for protection against domestic violence, the Father only alleged that his daughter " could become [the] victim of domestic violence." (Emphasis added.) Therefore, the question we must address is whether, under section 741.30(6)(a), the Mother's behavior provides the reasonable cause to believe that the child is in imminent danger of becoming a victim of domestic violence....
CopyPublished | Supreme Court of Florida
...for hearing by the form, but that the parties may arrange to have such proceedings
recorded or transcribed at their expense. These amendments clarify a presiding
court’s obligation to record domestic violence and stalking proceedings pursuant,
respectively, to sections
741.30(6)(h) and
784.0485(6)(f), Florida Statutes (2017).
The amended form is hereby adopted as set forth in the appendix to this
opinion, fully engrossed....
...( ) DOMESTIC VIOLENCE ( ) REPEAT VIOLENCE
( ) DATING VIOLENCE ( ) SEXUAL VIOLENCE ( ) STALKING
WITHOUT ISSUANCE OF AN INTERIM TEMPORARY INJUNCTION
A Petition for Injunction for Protection Against: Domestic Violence filed under section
741.30, Florida
Statutes; Repeat, Dating, or Sexual Violence filed under section
784.046, Florida Statutes; or Stalking
filed under section
784.0485, Florida Statutes, has been reviewed....
CopyPublished | Supreme Court of Florida
...City State Zip
Telephone (area code and number)
This request is being made for the purpose of keeping the location of my residence unknown for safety
reasons pursuant to section
119.071(2)(j)1, section
741.30(3)(b)(a), section
784.046(4)(b)1, and section
784.0485(3)(b)1, Florida Statutes, or other statutory provision providing for the separate confidential
filing for safety reasons.
Dated: ____...
CopyPublished | Supreme Court of Florida
...City State Zip
Telephone (area code and number)
This request is being made for the purpose of keeping the location of my residence unknown for safety
reasons pursuant to section
119.071(2)(j)1, section
741.30(3)(b)(a), section
784.046(4)(b)1, and section
784.0485(3)(b)1, Florida Statutes, or other statutory provision providing for the separate confidential
filing for safety reasons.
Dated: ____...
CopyPublished | Supreme Court of Florida
...oved
Family Law Forms, which conducted an expedited review of the
forms due to recent changes in Florida law.
We amend the forms’ verification requirements by removing
language requiring a notary in accordance with amendments to
sections
741.30,
784.046, and
784.0485, Florida Statutes (2023).
See ch....
...referring Petitioner to a certified domestic violence center; and any other terms the Court deems
necessary for the protection of Petitioner and/or Petitioner’s children, including injunctions or
directives to law enforcement agencies, as provided in Section 741.30, Florida Statutes.
I UNDERSTAND THAT BY FILING THIS PETITION, I AM ASKING THE COURT TO HOLD A HEARING ON THIS PETITION,
THAT BOTH THE RESPONDENT AND I WILL BE NOTIFIED OF THE HEARING, AND THAT I MUST APPEAR AT THE
HEARING....
CopyPublished | Supreme Court of Florida | 30 Fla. L. Weekly Supp. 408, 2005 Fla. LEXIS 1216, 2005 WL 1298100
...ce, a potential for future lethality exists, or there are other factors which would compromise the mediation process. 1995 Adoption. A cause of action for an injunction for protection against domestic violence and repeat violence has been created by section
741.30, Florida Statutes (Supp.1994) (modified by chapter 95-195, Laws of Florida), and section
784.046, Florida Statutes (Supp.1994), respectively....
...alleged under subdivision (b)(1)(B) include those set forth in Florida Supreme Court Approved Family Law Form 12.980(g). The relief the court may grant in a temporary or permanent injunction against repeat violence is set forth in section
784.046(7), Florida Statutes. Subdivision (b)(4) expands sections
741.30(2)(c)l- and (2)(e)2,- Florida Statutes, to provide that the responsibility to assist the petitioner may be assigned not only to the clerk of court but also to the appropriate intake unit of the court....
...r service. Subdivision (c)(3)(A) makes the procedure for service of a temporary order of injunction for protection against domestic violence and repeat violence consistent. This is intended to replace the differing requirements contained in sections
741.30(8)(a)l and (8)(c)l and
784.046(8)(a)l, Florida Statutes. Subdivision (c)(3)(B) makes the procedure for service of a permanent order of injunction for protection against domestic violence and repeat violence consistent. This is intended to replace the differing requirements contained in sections
741.30(8)(a)3 and (8)(c)l and
784.046(8)(c)l, Florida Statutes, and to specifically clarify that service of the permanent injunction by mail is only effective upon a party who is present at the hearing which resulted in the issuance of the injunction. Subdivision (c)(4)(A) restates sections
741.30(5)(c) and
784.046(6).(c), Florida Statutes, with some expansion....
...This subdivision also makes the procedures in cases of domestic and repeat violence identical, resolving the inconsistencies in the statutes. Subdivision (c)(4)(B) makes the procedures in cases of domestic and repeat violence identical, resolving inconsistencies in the statutes. As stated in section 741.30(l)(c), Florida Statutes, in the event a subsequent cause of action is filed under chapter 61, Florida Statutes, any orders entered therein shall take precedence over any inconsistent provisions of an injunction for protection against d...
...nd repeat violence. Pursuant to that statute, the petitioner may contact the clerk of the circuit court of the county in which the violation is alleged to have occurred to obtain information regarding enforcement. Subdivision (c)(7) expands sections 741.30(2)(c)l and (2)(c)2, Florida Statutes, to provide that the responsibility to assist a petitioner may not only be assigned to the clerk of court but also to the appropriate intake unit of the court....
CopyAgo (Fla. Att'y Gen. 2009).
Published | Florida Attorney General Reports
...nt amendment to section
28.241 (1)(a)1.b., Florida Statutes, by section 5, Chapter 2009-61 , Laws of Florida, is a clerk of court required to assess a filing fee for the filing of a petition for a domestic violence injunction despite the language of section
741.30 (2)(a), Florida Statutes, which prohibits the assessment of filing fees for such petitions? In sum: In light of the specific prohibition in section
741.30 (2)(a), Florida Statutes, the clerk of court may not assess a filing fee for the filing of a petition for a domestic violence injunction. Section
741.30 (2)(a), Florida Statutes provides: " Notwithstanding any other provision of law, the assessment of a filing fee for a petition for protection against domestic violence is prohibited effective October 1, 2002....
...As reported in the Summary of Conference Committee Action, the increased fees were to be imposed except for family law cases in Chapters 39, 61, 741, 742, 747, 752 or 753, Florida Statutes. 5 Accordingly, in light of the above and the plain language of section
741.30 (2), Florida Statutes, which clearly prohibits the imposition of such a fee "[n]otwithstanding any other provision of law," I am of the opinion that the recent amendment to section
28.241 (1)(a)1.b., Florida Statutes, by section 5, Cha...
CopyPublished | Supreme Court of Florida
...referring Petitioner to a certified domestic violence center; and any other terms the Court
deems necessary for the protection of Petitioner and/or Petitioner’s children, including
injunctions or directives to law enforcement agencies, as provided in Section 741.30,
Florida Statutes.
I UNDERSTAND THAT BY FILING THIS PETITION, I AM ASKING THE COURT TO HOLD A HEARING ON THIS
PETITION, THAT BOTH RESPONDENT AND I WILL BE NOTIFIED OF THE HEARING, AND THAT I MUST
APPEAR AT THE HEARING....
...,
Respondent.
TEMPORARY INJUNCTION FOR PROTECTION AGAINST
DOMESTIC VIOLENCE WITH MINOR CHILDREN
The Petition for Injunction for Protection Against Domestic Violence under section 741.30, Florida
Statutes, and other papers filed in this Court have been reviewed....
...7 days before your scheduled court appearance, or immediately upon receiving
this notification if the time before the scheduled appearance is less than 7 days;
if you are hearing impaired, call 711.
SECTION II. FINDINGS
The statements made under oath by Petitioner make it appear that section 741.30, Florida Statutes,
applies to the parties....
...,
Respondent.
TEMPORARY INJUNCTION FOR PROTECTION AGAINST DOMESTIC
VIOLENCE WITHOUT MINOR CHILDREN
The Petition for Injunction for Protection Against Domestic Violence under section 741.30, Florida
Statutes, and other papers filed in this Court have been reviewed....
...pearance, or immediately upon
receiving this notification if the time before the scheduled appearance is less
than 7 days; if you are hearing impaired, call 711.
SECTION II. FINDINGS
The statements made under oath by Petitioner make it appear that section 741.30, Florida Statutes,
applies to the parties....
...,
Respondent.
FINAL JUDGMENT OF INJUNCTION FOR PROTECTION AGAINST DOMESTIC
VIOLENCE WITH MINOR CHILDREN (AFTER NOTICE)
The Petition for Injunction for Protection Against Domestic Violence under section 741.30, Florida
Statutes, and other papers filed in this Court have been reviewed....
...otice.
Note: If Respondent meets any of the above enumerated criteria, the Court must order the Respondent to
attend a batterers' intervention program unless it makes written factual findings stating why such a
program would not be appropriate. See Section 741.30(6)(e), Florida Statutes.
Florida Supreme Court Approved Family Law Form 12.980(d)(1), Final Judgment of Injunction for Protection
Against Domestic Violence with Minor Children (After Notice) (06/21)
- 38 -
b....
...nt.
FINAL JUDGMENT OF INJUNCTION
FOR PROTECTION AGAINST DOMESTIC VIOLENCE
WITHOUT MINOR CHILDREN (AFTER NOTICE)
The Petition for Injunction for Protection Against Domestic Violence under Section 741.30, Florida
Statutes, and other papers filed in this Court have been reviewed....
...Note: If Respondent meets any of the above enumerated criteria, the Court must order the
Respondent to attend a batterers' intervention program unless it makes written factual findings
stating why such a program would not be appropriate. See Section 741.30(6)(e), Florida Statutes.
Florida Supreme Court Approved Family Law Form 12.980(d)(2), Final Judgment of Injunction for Protection
Against Domestic Violence without Minor Children (After Notice) (06/21)
- 50 -
b....
CopyPublished | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 9258, 2015 WL 3760643
...Izquierdo had an objectively
reasonable cause to believe that she was in imminent danger of becoming
the victim of an act of domestic violence and, therefore, affirm the court’s
entry of the injunction. See Abravaya v. Gonzalez,
734 So. 2d 577 (Fla.
3d DCA 1999); §
741.30(6)(a), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 1999 WL 391593
...While we have some sympathy for the trial judge's apparent belief that it could do no harm to enter what, in effect, were mutual restraining orders, the one presently under review is not, as required, independently supported by the pertinent evidentiary requirements, see § 741.30(1)(i), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2017 WL 2569780, 2017 Fla. App. LEXIS 8675
...The trial court may grant a domestic
violence injunction for either one of two reasons: the petitioner is the victim of
domestic violence; or he or she has reasonable cause to believe he or she is in
imminent danger of becoming a victim of domestic violence. § 741.30(6)(a), Fla.
Stat....
CopyPublished | Florida 4th District Court of Appeal
...This appeal follows.
“The standard of review of a court’s ruling on a motion to dissolve an
injunction is abuse of discretion if the order is based on factual matters,
and de novo if based on legal matters.” Burtoff v. Tauber,
85 So. 3d 1182,
1183 (Fla. 4th DCA 2012). Section
741.30(6)(c), Florida Statutes (2019),
2
provides that after a domestic violence in junction has been issued,
“[e]ither party may move at any time to modify or dissolve the injunction.”
Generally...
CopyPublished | Florida 1st District Court of Appeal | 2017 WL 2871005, 2017 Fla. App. LEXIS 9670
...This was the extent of the testimony in support of the
injunction. The former husband’s counsel’s request to present argument on whether
an injunction could lie on a threat to kill alone was also denied. The trial court
promptly entered a final permanent injunction pursuant to section 741.30, Florida
Statutes (2016)....
CopyPublished | Florida 1st District Court of Appeal
...n for
protection against domestic violence which, even as extended, has now expired.
We vacate the November 14, 2013 order under review, which extended the
temporary injunction, as well as the temporary injunction itself, and dismiss the
appeal. Section
741.30, Florida Statutes (2013), “authorizes extending a temporary
injunction during a continuance of the evidentiary hearing, but authorizes a
continuance only for good cause: ‘The court may grant a continuance of the
hearing before or during a hearing for good cause shown by any party, which shall
include a continuance to obtain service of process. Any injunction shall be
extended if necessary to remain in full force and effect during any period of
continuance.’ §
741.30(5)(c), Fla. Stat. (201[3]).” Dietz v. Dietz,
127 So. 3d 1279,
1280 (Fla. 1st DCA 2013) (“Section
741.30 ‘does not provide for the issuance of a
series of temporary injunctions in lieu of a permanent injunction.’” (citation
omitted)).
While “injunctions for protection against domestic violence are an exception
to the usu...
CopyPublished | Supreme Court of Florida | 39 Fla. L. Weekly Supp. 470, 2014 WL 3555973, 2014 Fla. LEXIS 2121
...( ) DOMESTIC VIOLENCE ( ) REPEAT VIOLENCE
( ) DATING VIOLENCE ( ) SEXUAL VIOLENCE ( ) STALKING
WITHOUT ISSUANCE OF AN INTERIM TEMPORARY INJUNCTION
A Petition for Injunction for Protection Against: Domestic Violence filed under section
741.30, Florida
Statutes; Repeat, Dating, or Sexual Violence filed under section
784.046, Florida Statutes; or Stalking
filed under section
784.0485, Florida Statutes, has been reviewed....
CopyPublished | Florida 1st District Court of Appeal | 2016 Fla. App. LEXIS 11493
...After discussing Ratigan v. Stone,
947 So.2d 607 (Fla. 3d DCA 2007), the trial court further explained: The only basis upon [which] the [Appellant’s] Motion for Section
57.105 Attorney’s Fees and Sanctions seeks fees and sanctions is the cited statute. Like section
741.30, Fla....
...sting law to those material facts. [[Image here]] (6) The provisions of this section are supplemental to other sanctions or remedies available under law or under court rules. Chapter 741, Florida Statutes, governs marriage and domestic violence, and section 741.30, Florida Statutes (2013), governs domestic violence injunctions....
...Lewis,
689 So.2d 1271, 1271 (Fla. 1st DCA 1997), where this Court reversed an injunction against domestic violence that awarded custody of the parties’ minor children to the appellee upon concluding that the appellant was improperly denied an adequate hearing pursuant to section
741.30....
...the appellant’s petitions for domestic violence injunctions, but affirming the award of fees incurred in the parties’ family law case, because “the statute creating a cause of action for an injunction for protection against domestic violence, § 741.30, Fla....
...1st DCA 2006) (“Appellee has also filed a cross appeal, alleging that the trial court erred in declining to award attorney’s fees against appellant in the injunction order. However, because there is no provision for an award of attorney’s fees in a section
741.30, Florida Statutes, proceeding, this cross appeal is without merit. See Lewis v. Lewis,
689 So.2d 1271 (Fla. 1st DCA 1997) (denying an award of attorney’s fees in a section
741.30, Florida Statutes, proceeding).”); Belmont v....
...2d DCA 2000) (reversing on appeal from a final judgment of dissolution of marriage the portion of the attorney’s fees award related to a separately filed domestic violence injunction case) (citing Lewis); Baumgartner v. Baumgartner,
693 So.2d 84, 85 (Fla. 2d DCA 1997) (“The cause of action created in section
741.30 does not provide for an award of attorneys’ fees.”)....
...5th DCA 2007), the Fifth District affirmed the trial court’s denial of section
57.105 attorney’s fees relating to a petition for injunction against repeat violence as follows: There is no basis for the imposition of attorney’s fees in a proceeding for injunction against repeat violence under section
741.30, Florida Statutes (2005)....
...omestic violence injunction proceeding because there is no statutory authority to award fees as sanctions in such case); Geiger v. Schrader,
926 So.2d 432, 433 (Fla. 1st DCA 2006) (holding there is no provision for an award of attorney’s fees in a section
741.30 proceeding); Cisneros v....
...r in Case No. 4D06-86. Therefore, we reverse and remand for the entry of an award of section
57.105 attorney’s fees against Lucibella. Id. at 1208 . Turning to the case before us, the trial court was correct in observing that section
784.046, like section
741.30, does not authorize an award of attorney’s fees, and Cisneros and Ratigan support its conclusion that attorney’s fees pursuant to section
57.105 may not be awarded in an action for injunction against violence....
CopyPublished | Florida 2nd District Court of Appeal | 2012 WL 3054123, 2012 Fla. App. LEXIS 12211
...Lee’s opposition to the motion, the trial court entered an order permanently extending the injunction without hearing any evidence. Instead, the trial court reasoned that the injunction “met the requirement for it to be entered originally,” and “Ms. Lee feels that she continues to need it.” Under section 741.30(1)(a), Florida Statutes (2010), any person “who is either a victim of domestic violence ......
...Lee an opportunity to be heard in opposition to the motion to extend the injunction. Accordingly, we reverse the permanent injunction and remand for an evidentiary hearing. See Pope v. Pope,
901 So.2d 352, 354 (Fla. 1st DCA 2005) (noting the due process requirements of section
741.30 and remanding for an evidentiary hearing where the trial court extended a temporary injunction without giving the respondent an opportunity to present his case)....
CopyPublished | Florida 3rd District Court of Appeal | 2005 Fla. App. LEXIS 11692, 2005 WL 1765699
...URIAM. Helen Greene Coleman petitions for a writ of prohibition. We conclude that the petition is well taken and grant it. The husband, Nathan Coleman, filed a petition for a domestic violence injunction against his wife, Helen Greene Coleman, under section 741.30, Florida Statutes (2004)....
...Where the requirements for the issuance of a domestic violence injunction have been satisfied, the court has the power (among other things) to award to the petitioner the exclusive use and possession of the parties’ dwelling or excluding the respondent from that residence. See §§ 741.30(5)(a)2„ 741.30(6)(a)2., Fla....
...Here, however, the trial court found that the requirements for issuance of a domestic violence injunction were not satisfied and denied the petitions. That being so, the trial court was without jurisdiction to issue an order for exclusive use and occupancy of the parties’ dwelling under section 741.30, Florida Statutes....
CopyPublished | Florida 4th District Court of Appeal | 2005 Fla. App. LEXIS 11654, 2005 WL 1750875
...A trial court can provide temporary relief to an individual seeking an injunction as protection against domestic violence. However, such temporary relief is in the form of an ex parte temporary injunction based on the sworn petition and is only to be granted “pending a full hearing.” § 741.30(5)(a), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 1995 Fla. App. LEXIS 8035, 1995 WL 437400
...Wiggins,
54 Fla. 203 ,
45 So. 459 , 462 (1907); State v. Evans,
225 So.2d 548, 549-50 (Fla. 3d DCA), cert. denied,
229 So.2d 261 (Fla.1969). We find that the only statutory authority basis for such “stay away” orders in domestic violence cases is found in section
741.30, Florida Statutes (Supp.1994), but this statute is inapplicable herein where there is no sworn petition filed for injunctive relief, section
741.30(2)(a); *972 no notice of hearing, section
741.30(5); and no hearing on the action, section
741.30(7)(a)....
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 1769, 1989 Fla. App. LEXIS 4205, 1989 WL 81747
160, Florida Rules of Civil Procedure, and section 741.-30, Florida Statutes (1987), should it be appropriate
CopyPublished | Florida 2nd District Court of Appeal | 2014 WL 3673881, 2014 Fla. App. LEXIS 11388
...ed for the
protection of Koren Rodriguez-Linares. Ms. Rodriguez-Linares, in essence, alleged that
she was a victim of cyberstalking. Although stalking, especially cyberstalking, may not
appear intuitively to be an act of violence, for purposes of section 741.30(1)(a), Florida
Statutes (2011), it is....
...A domestic violence injunction may be entered in favor of a person who is
"either the victim of domestic violence as defined in s.
741.28 or [who] has reasonable
cause to believe he or she is in imminent danger of becoming the victim of any act of
domestic violence." §
741.30(1)(a) (emphasis added)....
..."violence" as that term is used in ordinary parlance. But the statute plainly permits the
entry of an injunction for a person who is the victim of "stalking." Thus, proof of recent
stalking can be sufficient to establish the act of "violence" required for the issuance of a
section 741.30(1)(a) domestic violence injunction....
CopyPublished | Florida 3rd District Court of Appeal | 2006 WL 1999451
...r child, SMJ. We affirm because there is competent substantial evidence in the record to support the trial court's finding that the child had been the victim of domestic violence or was in imminent danger of becoming the victim of domestic violence. § 741.30(1)(a), Fla....
CopyPublished | Florida 6th District Court of Appeal
...and resolutions of evidentiary conflicts in domestic violence injunction).
And after crediting Giancola’s testimony as to recent conduct, the trial court
was free to consider that conduct within the context of their past relationship and its
history of violence. § 741.30(6)(b)1., Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2012 WL 2919119, 2012 Fla. App. LEXIS 11663
...Erik Romerhaus appeals the circuit court’s denial of his motion to affirm expiration of a domestic violence injunction. We affirm but write to point out that the *456 injunction expired on its own terms on February 14, 2007. To the extent that Romerhaus claims that the notification requirements of section 741.30(8)(c)(5), Florida Statutes (2006), were not followed, our affirmance is without prejudice to any right he may have to seek mandamus relief in the circuit court....
CopyPublished | Florida 4th District Court of Appeal
...permanent injunction was insufficient as a matter of law to establish either
that she was a victim of domestic violence or that she had reasonable
cause to believe that she was in imminent danger of becoming a victim of
domestic violence, as required by section 741.30, Florida Statutes (2022).
Background
The testimony at the injunction hearing established that on October
15, 2022, the couple argued while on a trip to the beach....
...4th DCA 2014)). As this Court has explained,
“[a] trial court abuses its discretion by entering a domestic violence
injunction when the ruling is not supported by competent, substantial
evidence.” Id. at 57-58 (quoting Selph,
144 So. 3d at 677-78).
Section
741.30 authorizes the statutory “cause of action for an
1 Unless otherwise specified, permanent injunctions for protection against
domestic violence “remain in effect until modified or dissolved.” §
741.30(6)(c),
Fla. Stat. (2022).
3
injunction for protection against domestic violence.” §
741.30(1), Fla....
...The statute permits a trial court to issue such an injunction upon
proof that “the petitioner is either the victim of domestic violence as defined
by s[ection]
741.28 or has reasonable cause to believe he or she is in
imminent danger of becoming a victim of domestic violence[.]” §
741.30(6)(a), Fla. Stat. (2022) (emphasis added); see also Lopez v. Lopez,
922 So. 2d 408, 410 (Fla. 4th DCA 2006) (“For a court to issue a section
741.30 injunction, a petitioner must establish that he or she is either a
‘victim of domestic violence as defined in section
741.28 or has reasonable
cause to believe he or she is in imminent danger of becoming the victim of
any act of domestic violence.’” (quoting §
741.30(1)(a), Fla....
... coupled with overt action directed to Li from Thomas, the trial court
abused its discretion in determining that Li was a victim of domestic
violence or that she had reasonable cause to believe that she was in
imminent danger of becoming a victim of domestic violence, as required by
section 741.30....
CopyPublished | Florida 3rd District Court of Appeal | 10 Fla. L. Weekly 1738
...Jonathan Thiele, Miami, and Elizabeth Baker, South Miami, for appellant. No appearance for appellee. Sandy Karlan, Coral Gables, and Diane M. Seaberg, Miami, for the Florida Ass'n of Women Lawyers as amicus curiae. Before SCHWARTZ, C.J., and NESBITT and DANIEL S. PEARSON, JJ. PER CURIAM. Sabio appeals an order finding section 741.30, Florida Statutes (Supp....
CopyPublished | Supreme Court of Florida
...referring Petitioner to a certified domestic violence center; and any other terms the Court
deems necessary for the protection of Petitioner and/or Petitioner’s children, including
injunctions or directives to law enforcement agencies, as provided in Section 741.30,
Florida Statutes.
I UNDERSTAND THAT BY FILING THIS PETITION, I AM ASKING THE COURT TO HOLD A HEARING ON THIS
PETITION, THAT BOTH THE RESPONDENT AND I WILL BE NOTIFIED OF THE HEARING, AND THAT I MUST
APPEAR AT THE HEARING....
CopyPublished | Florida 1st District Court of Appeal | 2000 Fla. App. LEXIS 8777, 2000 WL 951943
...nction (which was not expressly requested in the petition) based upon the trial court’s conclusion that the allegations of the petition did not demonstrate the existence of “an immediate and present danger of domestic violence,” as required by section 741.30(5)(a), Florida Statutes (1999)....
...We are unable to rule on appellant’s claim that the trial court erroneously dismissed her petition without a hearing because she has failed to provide us with an order purporting to so rule. However, for the benefit of the parties, and of the trial court, we note that section 741.30(5)(b), Florida Statutes (1999), would appear clearly to require a hearing on the allegations of appellant’s petition before it can be dismissed: A denial of a petition for an ex parte injunction shall be by written order noting the legal grounds for denial....
CopyPublished | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 627, 2003 Fla. LEXIS 1163, 2003 WL 21543753
...ce, a potential for future lethality exists, or there are other factors which would compromise the mediation process. 1995 Adoption. A cause of action for an injunction for protection against domestic violence and repeat violence has been created by section
741.30, Florida Statutes (Supp.1994) (modified by chapter 95-195, Laws of Florida), and section
784.046, Florida Statutes (Supp.1994), respectively....
...ion is currently pending between the parties. However, the pendency of any such cause of action must be alleged in the petition. The relief the court may grant in a temporary or permanent injunction against domestic violence is set forth in sections 741.30(5^(6)....
...rth in Florida Supreme Court Approved Family Law Form 12.980(4g). The relief the court may grant in a temporary or permanent injunction against repeat violence is set forth in section
784.046(7), Florida Statutes. Subdivision (b)(4) expands sections
741.30(2)(c)l and (2)(c)2, Florida Statutes, to provide that the responsibility to assist the petitioner may be assigned not only to the clerk of court but also to the appropriate intake unit of the court....
...r service. Subdivision (e)(3)(A) makes the procedure for service of a temporary order of injunction for protection against domestic violence and repeat violence consistent. This is intended to replace the differing requirements contained in sections
741.30(78)(ba)31 and (78)(c)l and
784.046(8)(a)l, Florida Statutes. Subdivision (c)(3)(B) makes the procedure for service of a permanent order of injunction for protection against domestic violence and repeat violence consistent. This is intended to replace the differing requirements contained in sections
741.30(78)(a)3 and (78)(c)l and
784.046(8)(c)l, Florida Statutes, and to specifically clarify that service of the permanent injunction by mail is only effective upon a party who is present at the hearing which resulted in the issuance of the injunction. Subdivision (c)(4)(A) restates sections
741.30(5)(c) and
784.046(6)(c), Florida Statutes, with some expansion....
...This subdivision also makes the procedures in cases of domestic and repeat violence identical, resolving the inconsistencies in the statutes. Subdivision (c)(4)(B) makes the procedures in cases of domestic and repeat violence identical, resolving inconsistencies in the statutes. As stated in section 741.30(l)(c), Florida Statutes, in the event a subsequent cause of action is filed under *327 chapter 61, Florida Statutes, any orders entered therein shall take precedence over any inconsistent provisions of an injunction for protection agai...
...nd repeat violence. Pursuant to that statute, the petitioner may contact the clerk of the circuit court of the county in which the violation is alleged to have occurred to obtain information regarding enforcement. Subdivision (c)(7) expands sections 741.30(2)(c)l and (2)(c)2, Florida Statutes, to provide that the responsibility to assist a petitioner may not only be assigned to the clerk of court but also to the appropriate intake unit of the court....
CopyPublished | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 241
...We also reverse the order denying the parties’ joint request to vacate
and dissolve the final judgment for protection against domestic violence.
Either party may move to modify or dissolve a domestic violence injunction
at any time. Fla. Fam. L.R.P. 12.610(c)(6); § 741.30(10), Fla....
CopyPublished | Florida 3rd District Court of Appeal
...tribunal.’”
Chiscul v. Hernandez,
311 So. 3d 55, 58 (Fla. 4th DCA 2021) (quoting Selph
v. Selph,
144 So. 3d 676, 677 (Fla. 4th DCA 2014)).
We find that the trial judge made legally sufficient findings to grant an
injunction pursuant to section
741.30(6)(a), Florida Statutes (2023), which
provides:
Upon notice and hearing, when it appears to the court that the
petitioner is either the victim of domestic violence as defined by
s....
CopyPublished | Supreme Court of Florida | 24 Fla. L. Weekly Supp. 60, 1999 Fla. LEXIS 80, 1999 WL 42024
...in support of the violation of an order of injunction for protection against domestic or repeat violence. Commentary 1995 Adoption. A cause of action for an injunction for protection against domestic violence and repeat violence has been created by section
741.30, Florida Statutes (Supp.1994) (modified by chapter 95-195, Laws of Florida), and section
784.046, Florida Statutes (Supp.1994), respectively....
...e of action is currently pending between the parties. However, the pen-dency of any such cause of action must be alleged in the petition. The relief the court may grant in a temporary or permanent injunction against domestic violence is set forth in section 741.30(6)....
...r service. Subdivision (c)(3)(A) makes the procedure for service of a temporary order of injunction for protection against domestic violence and repeat violence consistent. This is intended to replace the differing requirements contained in sections
741.30(7)(b)3 and (7)(c)1 and
784.046(8)(a)l, Florida Statutes. Subdivision (c)(3)(B) makes the procedure for service of a permanent order of injunction for protection against domestic violence and repeat violence consistent. This is intended to replace the differing requirements contained in sections
741.30(7)(a)3 and (7)(c)1 and
784.046(8)(c)l, Florida Statutes, and to specifically clarify that service of the permanent injunction by mail is only effective upon a party who is present at the hearing which resulted in the issuance of the injunction. Subdivision (c)(4)(A) restates sections
741.30(5)(c) and
784.046(6)(c), Florida Statutes, with some expansion....
...This subdivision also makes the procedures in cases of domestic and repeat violence identical, resolving the inconsistencies in the statutes. Subdivision (c)(4)(B) makes the procedures in cases of domestic and repeat violence identical, resolving inconsistencies in the statutes. As stated in section 741.30(1)(c), Florida Statutes, in the event a subsequent cause of action is filed under chapter 61, Florida Statutes, any orders entered therein shall take precedence over any inconsistent provisions of an injunction for protection against d...
...nd repeat violence. Pursuant to that statute, the petitioner may contact the clerk of the circuit court of the county in which the violation is alleged to have occurred to obtain information regarding enforcement. Subdivision (c)(7) expands sections 741.30(2)(e)l and (2)(c)2, Florida Statutes, to provide that the responsibility to assist *1082 a petitioner may not only be assigned to the clerk of court but also to the appropriate intake unit of the court....
CopyPublished | Florida 1st District Court of Appeal
...tion. Speegle asks us to reverse the permanent injunction, claiming the lower court should have granted a stay. As he did below, Speegle argues that the court was obligated to stay the injunction proceedings to protect his Fifth Amendment right. See § 741.30(5)(c), Fla....
CopyPublished | Florida 2nd District Court of Appeal | 1995 Fla. App. LEXIS 439, 1995 WL 25758
...Second, Florida Rule of Judicial Administration 2.020(c) provides that an administrative order may not be inconsistent with the Constitution. An administrative order also may not contravene the jurisdictional authority of the courts. Martinez v. Demers,
412 So.2d 5 (Fla. 2d DCA 1981). Third, section
741.30(9)(a), Florida Statutes (1993), grants the circuit court jurisdiction to enforce compliance with an injunction against domestic violence through civil or indirect criminal contempt proceedings. Administrative Order 92-48 may not alter the jurisdiction of the circuit court on section
741.30(9)(a) contempt proceedings....
...The authority to punish for contempt lies with the court contemned. Graham v. State ex rel. McMurrough,
144 So.2d 97 (Fla. 2d DCA 1962). Here, the circuit court has jurisdiction to hear’ petitions for injunctions for protection against domestic violence. §
741.30(2)(a), Fla.Stat. (1993). Therefore, the circuit court is authorized to punish violations of its injunctions. Because an administrative order may not deprive the circuit court of its jurisdiction to hear indirect criminal contempt charges pursuant to section
741.30(9)(a), and because each court has the power to punish con-tempts against it, we void the portion of Administrative Order 92-48 authorizing the county court to hear criminal contempt charges arising from an injunction violation....
CopyPublished | Florida 3rd District Court of Appeal | 2007 Fla. App. LEXIS 723, 2007 WL 163706
...Because we find that the alleged incidents do not meet the definition of domestic violence, and because we find the petitioner has no reasonable cause to believe that she is in imminent danger of becoming a victim of domestic violence, we find the trial court abused its discretion by issuing a permanent injunction. See § 741.30(l)(a), Fla....
CopyPublished | Supreme Court of Florida | 40 Fla. L. Weekly Supp. 29, 43 Media L. Rep. (BNA) 1199, 2015 Fla. LEXIS 113, 2015 WL 263902
...f insanity. §
916.107(8), Fla. Stat.
(xi) Estate inventories and accountings. §
733.604(1),
Fla. Stat.
(xii) The victim’s address in a domestic violence action
on petitioner’s request. §
741.30(3)(b), Fla....
CopyPublished | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 174, 1997 WL 20414
...Both parties were charged with violations of the mutual injunction against domestic violence. The judge considering the indirect criminal contempt charge against the wife entered an order dismissing the charge, ruling that the mutual injunction as to the wife 1 was unenforceable because a mutual injunction is prohibited by section 741.30(l)(h), Florida Statutes (1995)....
...The husband complains that this amended injunction modified the previously entered mutual injunction without motion, notice or a hearing afforded to him. We agree with the husband that the trial court cannot sua sponte amend an injunction when there has been no notice or hearing. § 741.30(6)(a), Fla....
...efore the court. The court commented: ''[s]uch rulings, if required, will come only after notice and opportunity to be heard.” . Before July 1, 1995, mutual injunctions against domestic violence were permitted provided certain conditions were met. § 741.30(l)(h), Fla. Stat. (Supp.1994). However, in chapter 95-195, § 5, Laws of Florida, § 741.30(l)(h) was amended to prohibit mutual orders of protection....
...volved an offense which allegedly occurred on August 1, 1995. The husband’s request for a protective injunction against the wife does not allege an offense occurring before the effective date of the statute. Thus, it appears that the newly amended section 741.30(l)(h) applies and a mutual injunction was prohibited.
CopyPublished | Florida 4th District Court of Appeal
...However, even if the trial court had a factual basis to support
its disbelief, which we do not glean from the record, the gap in time
between the last incident of purported stalking leads to the conclusion that
Appellant’s conduct falls outside the statutory definition of stalking. In
the context of a similar statute, section 741.30, Florida Statutes (2019)
(“creat[ing] a cause of action for an injunction for protection against
3
domestic violence”), Florida courts have found the remoteness of the prior
acts of abuse may render the injunction improper....
CopyPublished | Supreme Court of Florida
...Access to confidential files in related cases shall not be
granted except as authorized by Florida Rule of Judicial Administration 2.420.
(b) Confidentiality of Address. When a petitioner for domestic violence
injunction requests that his or her address be kept confidential pursuant to section
741.30, Florida Statutes, this information is exempt from the public records
provisions of section
119.07(1), Florida Statutes and article I, section 24(a), Florida
Constitution, and is a confidential court record under Rule of Judicial
Administration 2.420(d)....
CopyPublished | Supreme Court of Florida
...Access to confidential files in related cases shall not be
granted except as authorized by Florida Rule of Judicial Administration 2.420.
(b) Confidentiality of Address. When a petitioner for domestic violence
injunction requests that his or her address be kept confidential pursuant to section
741.30, Florida Statutes, this information is exempt from the public records
provisions of section
119.07(1), Florida Statutes and article I, section 24(a), Florida
Constitution, and is a confidential court record under Rule of Judicial
Administration 2.420(d)....
CopyPublished | Florida 2nd District Court of Appeal | 2011 Fla. App. LEXIS 84, 2011 WL 115973
...able statutes, the trial court erred in entering a domestic violence injunction and we are compelled to reverse. See §§
741.28(3), .30, Fla. Stat. (2009). Any “family or household members” may seek a domestic violence injunction as provided by section
741.30(l)(e)....
CopyPublished | Florida 4th District Court of Appeal | 2008 Fla. App. LEXIS 276, 2008 WL 110104
...l. We agree, *272 grant the petition and remand the case to the trial court for further proceedings. In June of 2006, Richard Godbout obtained an injunction for protection against domestic violence (“domestic violence injunction”) against Sando. § 741.30, Fla....
...sixty days. The court’s order punishes Sando for violating the injunction and/or failing to appear at the hearing, and the “purge” does not relate to coercing compliance with the injunction or any other court order. While rule 12.610(c)(5) and section 741.30(9)(a), Florida Statutes, provide that a domestic violence injunction may be enforced through a “civil contempt proceeding,” the sanction imposed by the court in this case was clearly criminal, seeking to punish Sando with incarceration for her alleged transgressions....
...lence”). If Sando had been charged criminally and arrested for the violation, the statute provides that she must be brought before the court as “expeditiously as possible for the purpose of enforcing the injunction and for admittance to bail.” § 741.30(9)(b), Fla....
CopyPublished | Florida 3rd District Court of Appeal
... Gregorio Antonio Dickson (“Respondent”) appeals from (1) the
January 22, 2020 Order on Petition for Injunction for Protection Against
Domestic Violence (“Order”), entering a domestic violence injunction for a
one-year period until January 22, 2021, pursuant to section 741.30, Florida
Statutes; and (2) the order denying his motion for rehearing and/or new
trial....
...Facts and Procedural History
On June 14, 2018, Gretchen Curtis (“Ms. Curtis”), o/b/o her minor
son, Ryan Gregory Dickson (“Ryan” or “Petitioner”), 1 filed a sworn Petition
for Injunction for Protection Against Domestic Violence Without Children
against the Respondent under section 741.30 (“Petition”)....
...The Respondent’s
timely appeal followed.
II. Analysis
A. Whether the trial court acted in excess of its jurisdiction or violated
the Respondent’s right to adequate notice and due process?
The Respondent contends that the trial court acted in excess of its
jurisdiction under section 741.30 and violated his right to adequate notice
and due process by finding that the Respondent committed acts of child
abuse, battery, and aggravated assault, because the only relief sought in
the Petition was a determination that based on the Respondent’s acts,
Ryan was a victim of domestic violence or has reasonable cause to believe
he is in imminent danger of becoming a victim of domestic violence under
section 741.30(1)(a). We disagree.
Section 741.30(1)(a) provides that there is a cause of action for an
injunction for protection against domestic violence if a family or household
member is a “victim of domestic violence as defined in s....
CopyPublished | Florida 2nd District Court of Appeal | 2003 Fla. App. LEXIS 1260, 2003 WL 255547
...Orth argues that the trial court erred in entering such an order because Orndorff had not filed a petition or cross-petition for an injunction. We agree and reverse. This case originated in March 2002, when Orth filed a petition for an injunction for protection against domestic violence perpetrated by Orndorff pursuant to section 741.30, Florida Statutes (2001)....
...On May 31, 2002, the court sua sponte entered a permanent injunction against Orth precluding contact with Orndorff. However, Orndorff did not file a petition or cross-petition for an injunction. Thus, the permanent injunction is in direct contravention of sections 741.30(1)(I), (4), and (6)(a), which require the filing of a petition and a hearing on such prior to the issuance of an injunction....
CopyPublished | District Court of Appeal of Florida
against domestic violence entered against him under §
741.30, Florida Statutes (2016), based upon a petition
CopyPublished | Supreme Court of Florida
...(02/24)
-9-
(C) 61, Florida Statutes, other than simplified dissolution.
(D) Domestic Violence ‐ all matters relating to injunctions for protection against domestic
violence pursuant to section
741.30, Florida Statutes.
(E) Dating Violence ‐ all matters relating to injunctions for protection against dating
violence pursuant to section
784.046, Florida Statutes.
(F) Repeat Violence ‐ all matters relating to injunc...
CopyPublished | Florida 1st District Court of Appeal | 2001 Fla. App. LEXIS 932, 2001 WL 85162
...Appellant’s request for an injunction against domestic violence was dismissed without any evidence being taken. The only reason given was that there was a pending divorce action between the parties. Dismissal only on that basis constituted error. Section 741.30(l)(b), Florida Statutes (1999), states that a petition for an injunction for protection against domestic violence “may be sought whether or not any other action is presently pending between the parties.” The decision of the trial court is reversed....
CopyPublished | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 1589, 2010 WL 532806
...Sessums of Sessums & Sessums, P.A., Tampa, for Appellant. No appearance for Appellee. KELLY, Judge. Leah Muse appeals from a final judgment of injunction for protection against domestic violence with minor children. The injunction was entered pursuant to section 741.30, Florida Statutes (2008), which states: (6)(a) Upon notice and hearing, when it appears to the court that the petitioner is either the victim of domestic violence as defined by s....
...otion can only be characterized as his subjective fear that "something bad might happen" to his children because of Leah Muse's alleged relationships with third parties. His subjective fear is insufficient to warrant the entry of an injunction under section
741.30. See Oettmeier v. Oettmeier,
960 So.2d 902, 903 (Fla. 2d DCA 2007) (holding that petitioner's subjective fear was not enough to meet the standard required in section
741.30(1)(a))....
CopyPublished | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 1362, 1996 WL 65773
...eport indicated that there was insufficient evidence to assess any problematic alcohol or substance use or lack of anger control. No chapter 39 or chapter 61 proceedings were pending. The judge denied the motion to dissolve or modify the injunction. Section 741.30(7)(a)3., Florida Statutes (1993), allows the court upon notice and hearing to grant, on the same basis as provided in chapter 61, an award of temporary custody with regard to the parties’ minor child....
CopyPublished | Florida 2nd District Court of Appeal
...Youssef was *902 served with process in Ohio and specially appeared in Florida through counsel, asserting that he had been an Ohio resident since "about 2003 or 2004," that he was not a Florida resident, and, therefore, that the trial court lacked personal jurisdiction over him. We agree. Section 741.30(6), Florida Statutes (2016), provides: (d) A temporary or final judgment on injunction for protection against domestic violence entered pursuant to this section shall, on its face, indicate that: .......
...ions." And, on appeal, Zaitouni invites us to find some basis other than section
48.193 for the court's exercise of personal jurisdiction over Youssef or by holding that personal jurisdiction over him was unnecessary. We must decline the invitation. Section
741.30(6)(d)(3) explicitly requires that the trial court have personal jurisdiction over the parties to the injunction, and section
48.193 defines the parameters by which a trial court may exercise personal jurisdiction over a party who is not a Florida resident....
CopyPublished | Florida 2nd District Court of Appeal
...Youssef was
served with process in Ohio and specially appeared in Florida through counsel,
asserting that he had been an Ohio resident since "about 2003 or 2004," that he was
not a Florida resident, and, therefore, that the trial court lacked personal jurisdiction over
him. We agree.
Section 741.30(6), Florida Statutes (2016), provides:
(d) A temporary or final judgment on injunction for protection
against domestic violence entered pursuant to this section
shall, on its face, indicate that:
....
3....
...injunctions." And, on appeal, Zaitouni invites us to find some basis other than section
48.193 for the court's exercise of personal jurisdiction over Youssef or by holding that
personal jurisdiction over him was unnecessary. We must decline the invitation.
Section
741.30(6)(d)(3) explicitly requires that the trial court have personal jurisdiction
over the parties to the injunction, and section
48.193 defines the parameters by which a
trial court may exercise personal jurisdiction over a party who is...
CopyPublished | Florida 5th District Court of Appeal | 2000 Fla. App. LEXIS 1129, 2000 WL 146093
...Mark Spurgiesz appeals a permanent Final Judgment of Injunction for Protection Against Domestic Violence against him and in favor of Lesley Graves. Spur-giesz complains that the trial court entered the permanent injunction without affording him a full evidentiary hearing, per Section 741.30(5)(c), Florida Statutes (1997) and Rule 12.610(c)(1)(B) of the Family Law Rules of Procedure....
CopyPublished | Florida 4th District Court of Appeal
...petitioner who demonstrates that he or she has an objectively reasonable
apprehension that he or she is in “imminent danger of becoming the victim
of any act of domestic violence.” Randolph v. Rich,
58 So. 3d 290, 291
(Fla. 1st DCA 2011) (quoting §
741.30(1)(a), Fla....
...As for the
pre-separation shaking incident, the wife’s testimony failed to establish
when it occurred. Therefore, the court lacked competent, substantial
evidence from which to conclude the wife was “in imminent danger of
becoming the victim of any act of domestic violence.” § 741.30(1)(a),
Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 1746, 2016 WL 540649
...MORRIS, Judge.
Gervaris Montez Leaphart appeals a final judgment of injunction for
protection against domestic violence entered after an evidentiary hearing on the petition
of his ex-girlfriend, Chavondra Briann James, pursuant to section 741.30, Florida
Statutes (2013)....
...mestic violence . . . or has
reasonable cause to believe he or she is in imminent danger of becoming a victim of
domestic violence.' " Brilhart v. Brilhart ex. rel. S.L.B.,
116 So. 3d 617, 619 (Fla. 2d
DCA 2013) (alterations in original) (quoting §
741.30(6)(a))....
...n for continuance deprived
him of the opportunity to be represented by counsel and forced him to proceed pro se at
the injunction hearing. Moreover, a temporary injunction had been entered on February
11, 2014, and was effective for fifteen days. Section 741.30(5)(c) authorized the court
to grant a continuance for good cause and extend the temporary injunction during the
period of continuance, ensuring that James would not be prejudiced by any
continuance.
Because there was...
CopyPublished | Florida 3rd District Court of Appeal
... Huerta, is the biological father. For the reasons below, we grant the petition and
quash the orders.
Background
Mr. Llanos and Ms. Llanos separately filed suit for protection from stalking
against Mr. Santos pursuant to section 741.30, Florida Statutes....
CopyPublished | Florida 3rd District Court of Appeal
... Huerta, is the biological father. For the reasons below, we grant the petition and
quash the orders.
Background
Mr. Llanos and Ms. Llanos separately filed suit for protection from stalking
against Mr. Santos pursuant to section 741.30, Florida Statutes....
CopyPublished | Florida 5th District Court of Appeal | 2001 Fla. App. LEXIS 17201, 2001 WL 1555532
...We grant the writ. Judge Freeman in a candid response filed with this court has admitted error because Gonzales’s petition contained legally sufficient allegations of imminent domestic violence and it was denied without a hearing and explanation required by section 741.30(5)(b), Florida Statutes....
CopyPublished | Florida 5th District Court of Appeal | 2010 Fla. App. LEXIS 18348, 2010 WL 4903620
...Harrell,
927 So.2d 171 (Fla. 1st DCA 2006), to support her argument. In that case, the opinion reads: Although the trial court in this case had jurisdiction of the parties in the subject matter, it appears from a review of the record that the injunction was entered under section
741.30, Florida Statutes (2005), instead of section
784.046, Florida Statutes (2005)....
CopyPublished | Florida 5th District Court of Appeal | 2010 Fla. App. LEXIS 18347, 2010 WL 4903618
...Harrell,
927 So.2d 171 (Fla. 1st DCA 2006), to support his argument. In that case, the opinion reads: Although the trial court in this case had jurisdiction of the parties in the subject matter, it appears from a review of the record that the injunction was entered under section
741.30, Florida Statutes (2005), instead of section
784.046, Florida Statutes (2005)....
CopyPublished | District Court of Appeal of Florida
the bill of sale price." Consistent with section
741.30(5)(a)4, Florida Statutes (2022), the final
CopyPublished | Florida 1st District Court of Appeal | 2007 Fla. App. LEXIS 20522, 2007 WL 4480776
...Appellant, who sought an injunction for protection against domestic violence in the trial court, now seeks review of that portion of the trial court’s order granting her petition which required her to attend a batterer’s intervention program. Because the plain language of section 741.30, Florida Statutes (2007), does not authorize a trial court to order a petitioner for an injunction for protection against domestic violence to attend a batterer’s intervention program, we vacate that portion of the trial court’s or...
CopyPublished | Florida 5th District Court of Appeal
...Feiter, of The Fighter Law
Firm, P.A., Orlando, for Appellant.
No Appearance for Appellee.
LAMBERT, C.J.
Jessica Fay appeals the final order dismissing her petition for
injunction for protection against domestic violence that she brought against
Appellee, Kenneth Carter, under section 741.30, Florida Statutes (2021).
The trial court dismissed Fay’s petition finding that there was a “lack of
jurisdiction in Florida.” We reverse.
At the hearing held on Fay’s petition, Carter made an oral motion to
dismiss,...
...ed in the
State of Georgia. However, assuming that the alleged domestic violence
occurred in Georgia, a circuit court in Florida does not summarily lack subject
matter jurisdiction to grant an injunction for protection against domestic
violence. Section 741.30(1)(j), Florida Statutes, provides:
Notwithstanding any provision of chapter 47, a
petition for an injunction for protection against
domestic violence may be filed in the circuit where
the petitioner currently or temporarily resides, where
the respondent resides, or where the domestic
violence occurred. There is no minimum requirement
of residency to petition for an injunction for
protection.
§ 741.30(1)(j), Fla....
CopyPublished | Supreme Court of Florida
...___ referring Petitioner to a certified domestic violence center; and any other terms the Court deems necessary for the protection of Petitioner and/or Petitioner's child(ren), including injunctions or directives to law enforcement agencies, as provided in section 741.30, Florida Statutes....
..._________________________, Petitioner, and __________________________________, Respondent. TEMPORARY INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE WITH MINOR CHILD(REN) The Petition for Injunction for Protection Against Domestic Violence under section 741.30, Florida Statutes, and other papers filed in this Court have been reviewed....
...________________________, {telephone} ____________________, within 2 working days of your receipt of this temporary injunction. If you are hearing or voice impaired, call 711. FINDINGS The statements made under oath by Petitioner make it appear that section 741.30, Florida Statutes, applies to the parties....
...All further papers (excluding the final injunction, if entered without Respondent being present at the hearing, and pleadings requiring personal service) shall be served by mail to Respondent's last known address. Such service by mail shall be complete upon mailing. Rule 12.080, Fla.Fam.L.R.P., section 741.30, Florida Statutes....
...etitioner, and _______________________________________, Respondent. FINAL JUDGMENT OF INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE WITH MINOR CHILD(REN) (AFTER NOTICE) The Petition for Injunction for Protection Against Domestic Violence under section 741.30, Florida Statutes, and other papers filed in this Court have been reviewed....
...notice. Note: If respondent meets any of the above enumerated criteria, the Court must order the Respondent to attend a batterers' intervention program unless it makes written factual findings stating why such a program would not be appropriate. See Section 741.30(6)(e), Florida Statutes....
...g address within 10 days of the change. All further papers (excluding pleadings requiring personal service) shall be served by mail to Respondent's last known address. Such service by mail shall be complete upon mailing. Rule 12.080, Fla.Fam.L.R.P., section 741.30, Florida Statutes....
CopyPublished | Florida 2nd District Court of Appeal
...based on evidence that he broke into her unoccupied home and stole her cats. We
reverse because the court's finding that Vanessa had an objectively reasonable fear of
becoming the victim of domestic violence is not supported by competent substantial
evidence.
Under section 741.30(1)(a), Florida Statutes (2016), an injunction for
protection against domestic violence may be available to someone "who is either the
victim of domestic violence ....
CopyPublished | Florida 2nd District Court of Appeal | 2014 Fla. App. LEXIS 20189, 2014 WL 7009724
...The appendix is sufficient, however, to address Carrozza's argument, which implicates
basic due process requirements. See Fla. R. App. P. 9.130(e), 9.220(a).
2
In its order the trial court also expressed the following concern:
F.S. 741.30(6)(c) generally authorizes any party to move to
amend/dissolve an injunction at any time without making
-2-
The trial court erred by denying Carrozza's motion without a hearing....
...As the court stated in
Reed, "[d]ue process requires that [the movant] be given [an] opportunity to be heard on
his request and that his motion should not be summarily disposed of within three days
after it is filed. We express no opinion on the merits of [the] motion."
816 So. 2d at
1247; see §
741.30(6)(c), (10), Fla....
.... . Multiple districts []
have actually interpreted legislative language to require a
reasonable and basic application of other premises of law.
It is worth acknowledging the court's concern about the wording of section
741.30(6)(c) which provides: "Either party may move at any time to modify or dissolve
the injunction....
...2005) ("It is a well-established principle that a statute which purports to
create or modify a procedural rule of court is constitutionally infirm."); TGI Friday's, Inc.
v. Dvorak,
663 So. 2d 606, 611 (Fla. 1995). As further noted in the same order,
however, courts applying section
741.30(6)(c) have indicated that a motion to modify or
dissolve an injunction should allege some basis upon which relief may be granted, as
was done in this case. See Baker,
139 So. 3d at 955. Regardless, the issue of the
constitutional validity of section
741.30(6)(c) is not before this court.
-3-
CopyPublished | Florida 1st District Court of Appeal
...of stalking.
§
784.0485(1)(a), Fla. Stat. (2023). And Rudy had to show that he
3
was the victim of, or had reasonable cause to believe that he was
in imminent danger of becoming the victim of, domestic violence.
§
741.30(1)(a), Fla....
CopyPublished | Florida 1st District Court of Appeal
...of stalking.
§
784.0485(1)(a), Fla. Stat. (2023). And Rudy had to show that he
3
was the victim of, or had reasonable cause to believe that he was
in imminent danger of becoming the victim of, domestic violence.
§
741.30(1)(a), Fla....
CopyPublished | Florida 3rd District Court of Appeal
... Aaron McGuire (“Mr. McGuire”) appeals from (1) a final judgment of
injunction for protection against domestic violence without minor children
entered against him on behalf of his former live-in girlfriend, Magiori C.
Boscan (“Ms. Boscan”), pursuant to section 741.30, Florida Statutes
(2019), and (2) an order denying his motion for rehearing....
...3d DCA 2020) (“We
review the court’s issuance of the final injunction for abuse of discretion
and to determine whether it is supported by competent, substantial
evidence.”).
In the instant case, the trial court entered the injunction pursuant to
section 741.30(6)(a), Florida Statutes (2019), which allows a trial court to
enter an injunction for protection against domestic violence if “the petitioner
is either the victim of domestic violence as defined by s....
...rent allegations,
the parties’ behavior within the relationship, and the history of the
relationship as a whole.’” Chiscul,
311 So. 3d at 58 (quoting Zarudny v.
Zarudny,
241 So. 3d 258, 262 (Fla. 3d DCA 2018) (citations omitted)); see
also §
741.30(6)(b), Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 18292, 2010 WL 4867884
NORTHCUTT, Judge. Sergio Sanchez appeals a final judgment granting to his estranged wife an injunction for protection against domestic violence. We agree that the evidence was insufficient to support the injunction, and we reverse. ■ Section 741.30, Florida Statutes (2008), authorizes a circuit court to grant an injunction for protection to any person “who is either the victim of domestic violence ... or has reasonable cause to believe he or she is in imminent danger of becoming the victim of any act of domestic violence.” § 741.30(l)(a)....
...ual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physi *200 cal injury or death of one family or household member by another family or household member.” §
741.28(2). Section
741.30(6)(b) provides guidance on the relevant factors to be considered by the circuit court: In determining whether a petitioner has reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence, the c...
CopyPublished | Florida 2nd District Court of Appeal
...hearing, stating that Bork "may wish to file a Motion to Dissolve Injunction upon release
from incarceration, and where there is an opportunity to have an evidentiary hearing."
The trial court offered no other explanation for its summary denial of Bork's motion.
Section 741.30(6)(c), Florida Statutes (2010), authorizes either party to an
injunction to file a motion to dissolve it at any time without making any specific
allegations. "[C]ourts applying section 741.30(6)(c) have indicated that a motion to
modify or dissolve an injunction should allege some basis upon which relief may be
granted." Carrozza v....
...injunction no longer exists so that continuation of the injunction would serve no valid
purpose.' " Id. (quoting Alkhoury v. Alkhoury,
54 So. 3d 641, 642 (Fla. 1st DCA 2011)).
Because a movant must show a change of circumstances to obtain relief on a motion
filed under section
741.30(6)(c), the motion is facially sufficient if it alleges facts
-2-
demonstrating a change of circumstances. See Carrozza,
153 So. 3d at 340
(concluding that a motion filed under section
741.30(6)(c) was facially sufficient because
it alleged facts demonstrating changed circumstances); see also Reyes v....
CopyPublished | Florida 2nd District Court of Appeal | 2004 Fla. App. LEXIS 11672, 2004 WL 1751061
...ainst domestic violence. Because we conclude the trial court erred in summarily denying the motion for taxation of costs, we reverse. Shawn Francisco, Harrison’s former wife, filed a petition for an injunction against domestic violence pursuant to section 741.30, Florida Statutes (2003)....
CopyPublished | Florida 4th District Court of Appeal
...a custody
determination in a final judgment for protection against stalking. Compare
§
784.0485(6)(a), Fla. Stat. (2021) (enumerating the relief a court may
grant in a stalking injunction, which does not expressly include a change
in custody), with §
741.30(6)(a), Fla....
...cases to award “such other relief as the court deems necessary for the
protection of a victim” of stalking, “including injunctions or directives to
law enforcement agencies, as provided in this section.” But that statutory
language is contained in both sections
784.0485 and
741.30, so the
provision in the stalking statute cannot be interpreted as encompassing a
child custody determination, particularly where that provision does not
reference Chapter 61 or the best interests of the children. If the legislature
had intended section
784.0485 to allow for custody determinations, it
could have said so, as it did in section
741.30.
In addition, Appellee did not file a petition on behalf of her children
seeking exclusive time sharing....
CopyPublished | Florida 1st District Court of Appeal
...ect a
member of the movant’s family or household “who is either the
victim of domestic violence as defined in s.
741.28 or has
reasonable cause to believe he or she is in imminent danger of
becoming the victim of any act of domestic violence.”
§
741.30(1)(a), Fla....
...ent evidence of
an actionable threat. The statute expressly requires a showing
either that the alleged victim is currently a victim of domestic
violence, or that there is reasonable cause to believe the victim is
in imminent danger of such violence. § 741.30(1)(a)....
CopyPublished | Florida 4th District Court of Appeal
...family members of the
former girlfriend in the home. The petition also alleged that the former
boyfriend drove by the residence where the former girlfriend was presently
staying with her son. The trial court then issued a temporary injunction
under section 741.30, Florida Statutes (2020), and scheduled a hearing.
Shortly thereafter, Barrios-Balbin entered an appearance as the former
girlfriend’s counsel.
The former girlfriend moved for enforcement of the temporary
injunction, alleging tha...
...3d 762, 765 (Fla. 4th DCA 2019).
“The trial court’s finding must be based upon substantial competent
evidence presented to the court at the hearing on attorney’s fees or
otherwise before the court and in the trial court record.” Id. (citation
omitted).
Section 741.30(1)(a), Florida Statutes (2020), creates a cause of action
for an injunction for protection against domestic violence on behalf of a
household member who “has reasonable cause to believe he or she is in
imminent danger of becoming the...
...Following the issuance of Lopez, the legislature amended section
57.105,
effective October 1, 2019, to add subsection (8), which states as follows:
(8) Attorney fees may not be awarded under this section in
proceedings for an injunction for protection pursuant to s.
741.30, s....
CopyPublished | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 12474, 2010 WL 3324720
...ex parte hearing to obtain a domestic violence temporary injunction, "no evidence other than verified pleadings or affidavits shall be used as evidence, unless the respondent appears at the hearing or has received reasonable notice of the hearing." § 741.30(5)(b), Fla....
CopyPublished | Supreme Court of Florida
...Const.
First, we add language to form 12.980(a) providing an
additional factor that the court must consider in determining
whether a petitioner of a domestic violence injunction is in
imminent danger in accordance with recent amendments to section
741.30(3)(b), Florida Statutes (2023)....
...referring Petitioner to a certified domestic violence center; and any other terms the Court deems
necessary for the protection of Petitioner and/or Petitioner’s children, including injunctions or
directives to law enforcement agencies, as provided in Section 741.30, Florida Statutes.
I UNDERSTAND THAT BY FILING THIS PETITION, I AM ASKING THE COURT TO HOLD A HEARING ON THIS PETITION,
THAT BOTH THE RESPONDENT AND I WILL BE NOTIFIED OF THE HEARING, AND THAT I MUST APPEAR AT THE
HEARING....
CopyPublished | Florida 3rd District Court of Appeal
...e general magistrate, because the temporary
injunction expired in August 2008. Goll responds that Carroll did not raise an
objection to the calculation of child support arrearages based on the August 2007
temporary injunction, and even if he did, section 741.30(6)(a)4....
...orary
2
Support Order . . . in this case and awarded $37,669 in arrearages less an $8,281
credit or $28,000, a $22,000 error.” The trial court denied the exception.
Carroll is wrong, also, that section 741.30(6)(a)4. required that the child
support be continued until the paternity order was entered. Section 741.30(6)(a)4.
provides that:
(6)(a) Upon notice and hearing, when it appears to the court that the
petitioner is either the victim of domestic violence ....
...or the petitioner. An order of
temporary support remains in effect until the order expires or an order
is entered by a court of competent jurisdiction in a pending or
subsequent civil action or proceeding affecting child support.
§ 741.30(6)(a), Fla....
...injunctions, which are issued
“[u]pon notice and hearing.” Id. Temporary injunctions, on the other hand, are
issued “ex parte” and “pending a full hearing” pursuant to subsection (5)(a) of the
domestic violence injunction statute. Id. § 741.30(5)(a)....
...There are many distinctions between
temporary and permanent domestic violence injunctions, but the most important
3
distinction for our purposes is that the temporary injunction subsection does not
have a companion provision for child support. Compare id. § 741.30(5)(a)1.-3.,
with id. § 741.30(6)(a)1.-7....
...The language Goll relies on (underlined above) is not in
the temporary injunction subsection.
Even if it was, the domestic violence injunction statute authorizes, but does
not require, trial courts to award temporary support until an order is entered in a
pending or subsequent case. Section 741.30(6)(a) gives a list of potential relief to
victims of domestic violence, but the list is not exclusive or mandatory and the trial
court “may grant such relief as the court deems proper,” and “[o]rder[] such other
relief as the court deems necessary for the protection of a victim of domestic
violence.” Id. §741.30(6)(a) (emphasis added)....
...unique facts and circumstances of each case. (For example, if the domestic violence
petitioner has no children with the respondent, then there is no need to set up a
parenting plan, even though the domestic violence injunction statute authorizes such
plans in section 741.30(6)(a)3....
CopyPublished | Supreme Court of Florida | 1996 WL 473327
...The district court denied the petition on authority of Walker v. Bentley,
660 So.2d 313 (Fla. 2d DCA 1995) ( Walker I ). In Walker I, the district court certified the following questions as being of great public importance: IS THE WORD "SHALL" AS USED IN SECTION
741.30(8)(a), FLORIDA STATUTES (SUPP.1994), TO BE INTERPRETED AS MANDATORY RATHER THAN AS PERMISSIVE OR DIRECTORY? IF INTERPRETED AS MANDATORY, IS SECTION
741.30(8)(a), FLORIDA *334 STATUTES (SUPP.1994), AN UNCONSTITUTIONAL ENCROACHMENT ON THE CONTEMPT POWER OF THE JUDICIARY IN VIOLATION OF ARTICLE II, SECTION 3 OF THE FLORIDA CONSTITUTION?
660 So.2d at 321. We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. In Walker I, the district court interpreted the first certified question as it applies to section
741.30, Florida Statutes (Supp.1994), which governs the use of contempt proceedings in domestic violence cases....
...The district court found the reasoning in Walker I to be equally applicable to the repeat violence statute. In Walker v. Bentley,
678 So.2d 1265 (Fla.1996)( Walker II ), we approved the opinion of the district court in Walker I and answered the first question by finding that the word "shall" in section
741.30(8)(a) is to be interpreted as directory rather than mandatory....
CopyPublished | Supreme Court of Florida | 21 Fla. L. Weekly Supp. 343, 1996 Fla. LEXIS 1414, 1996 WL 473486
...Bentley,
660 So.2d 313 (Fla. 2d DCA 1995)(Walker I), and Lopez v. Bentley,
660 So.2d 1138 (Fla. 2d DCA 1995)(Lopez I). In Walker I, the district court certified the following questions as being of great public importance: IS THE WORD “SHALL” AS USED IN SECTION
741.30(8)(a), FLORIDA STATUTES (SUPP.1994), TO BE INTERPRETED AS MANDATORY RATHER THAN AS PERMISSIVE OR DIRECTORY? IF INTERPRETED AS MANDATORY, IS SECTION
741.30(8)(a), FLORIDA STATUTES (SUPP.1994), AN UNCONSTITUTIONAL ENCROACHMENT ON THE CONTEMPT POWER OF THE JUDICIARY IN VIOLATION OF ARTICLE II, SECTION 3 OF THE FLORIDA CONSTITUTION?
660 So.2d at 321....
...We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. In Walker v. Bentley,
678 So.2d 1265 (Fla.1996)(Walker II), we have approved the opinion of the district court in Walker I and answered the first question by finding that the word “shall” in section
741.30(8)(a), which governs the use of contempt proceedings in domestic violence cases, is to be interpreted as directory rather than mandatory....
CopyPublished | Supreme Court of Florida | 21 Fla. L. Weekly Supp. 343, 1996 Fla. LEXIS 1417, 1996 WL 473481
...Bentley,
660 So.2d 313 (Fla. 2d DCA 1995)(Wa¡%er I), and Lopez v. Bentley,
660 So.2d 1138 (Fla. 2d DCA 1995){Lopez I). In Walker I, the district court certified the following questions as being of great public importance: IS THE WORD “SHALL” AS USED IN SECTION
741.30(8)(a), FLORIDA STATUTES (SUPP.1994), TO BE INTERPRETED AS MANDATORY RATHER THAN AS PERMISSIVE OR DIRECTORY? IF INTERPRETED AS MANDATORY, IS SECTION
741.30(8)(a), FLORIDA STATUTES (SUPP.1994), AN UNCONSTITUTIONAL ENCROACHMENT ON THE CONTEMPT POWER OF THE JUDICIARY IN VIOLATION OF ARTICLE II, SECTION 3 OF THE FLORIDA CONSTITUTION? *335
660 So.2d at 321....
...We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. In Walker v. Bentley,
678 So.2d 1265 (Fla.1996)(Walker II), we have approved the opinion of the district court in Walker I and answered the first question by finding that the word “shall” in section
741.30(8)(a), which governs the use of contempt proceedings in domestic violence cases, is to be interpreted as directory rather than mandatory....
CopyPublished | Florida 3rd District Court of Appeal
...Fusté, for appellant.
Grace M. Casas-Rowe, for appellee.
Before SCALES, C.J., and MILLER and LOBREE, JJ.
LOBREE, J.
The father, Yaidel Alfonso, appeals a final judgment of injunction for
protection against domestic violence without minor children under section
741.30, Florida Statutes (2023)....
...At the end of the hearing, the trial court found just cause to enter
a permanent injunction on behalf of Z.A. against her father. Ultimately, the
trial court entered a final judgment of injunction for protection against
domestic violence without minor children under section 741.30, Florida
3
Statutes.2
We reverse the final judgment of injunction for protection against
domestic violence under section 741.30, as it was entered in violation of the
father’s right to procedural due process....
...tion
784.046(4)(a)1., which apply when a parent seeks a protective injunction on
behalf of a minor child who is living at home and the party against whom the
injunction is sought is also a parent.3 Yet rather than adjudicate the mother’s
2
Section
741.30, Florida Statutes, provides for a cause of action for an
injunction for protection against domestic violence. §
741.30(1), Fla. Stat.
(2023). Under section
741.30, “domestic violence,” as defined in section
741.28, Florida Statutes (2023), “means any assault, aggravated assault,
battery, aggravated battery, sexual assault, sexual battery, stalking,
aggravated stalking, kidnapping, false im...
...states as follows:
4
petition for an injunction as pleaded under the sexual violence statute,
section
784.046, the trial court adjudicated the mother’s petition and entered
a permanent injunction under the statute providing for an injunction against
domestic violence, section
741.30, Florida. Here, the distinction matters
because the two statutes contain different evidentiary demands for the
petitioner. “Notably, section
741.30 does not contain the evidentiary
requirements present in section
784.046(4)(a)1., that the petitioner must be
an eyewitness, provide direct physical evidence, or provide an eyewitness
affidavit” to the facts and circumstances forming the basis on which the
injunction is sought....
...(emphasis added).
5
on the trial.” Brooks v. Basdeo,
336 So. 3d 423, 424 (Fla. 5th DCA 2022)
(emphasis added) (quoting White v. Fletcher,
90 So. 2d 129, 131 (Fla.
1956)).
In granting the mother “relief [under section
741.30] which was neither
requested by appropriate pleadings, nor tried by consent, the trial court
entered the order in violation of [the father’s] due process rights.” Brickell
Station Towers, Inc....
...the trial
court erred in admitting Z.A.’s hearsay statements under section
6
the father was denied due process by the trial court’s adjudication of a
protective injunction against domestic violence under section
741.30, and
reverse and remand with instructions to vacate the final judgment of
injunction for protection against domestic violence entered against the father.
Reversed and remanded with instructions.
90.803(23)(a)2.b....
CopyPublished | Florida 5th District Court of Appeal | 2013 WL 4224095, 2013 Fla. App. LEXIS 12809
...The trial court later issued an order of contempt threatening to incarcerate Touchet if she did not comply with the order within thirty days. On appeal, Touchet argues that the trial court erred in requiring her to obtain psychological evaluations in its order granting her petition for injunction. We agree. Section 741.30(6)(a), Florida Statutes (2012), sets forth the relief that a trial court may grant upon finding that a petitioner is a victim of domestic violence. In reviewing section 741.30(6)(a), we find no authority for the trial court to require a victim of domestic violence to obtain a psychological evaluation and counseling....
...Pertinent to this case, the statute provides that the court may “[ojrder [ ] the respondent to participate in treatment, intervention, or counseling services to be paid for by the respondent,” including participation in a batterers’ intervention program. § 741.30(6)(a)5., Fla. Stat. (2012) (emphasis added). The statute further provides that the trial court may “[rjefer [ ] a petitioner to a certified domestic violence center.” § 741.30(6)(a)6., Fla....
....While Touchet has two young sons, it seems that only the older son was present at the time of the attack. .At the time of the hearing, Touchet’s doctor was still in the process of ordering X-rays and MRls. .Jones’s petition was denied. . We acknowledge that section 741.30(6)(a)7., Florida Statutes (2012), allows the trial court to "order[] such other relief as the court deems necessary for the protection of a victim of domestic violence....” In our view, however, the relief contemplated in section 741.30(6)(a)7. does not encompass ordering a victim to undergo a psychological evaluation. Section 741.30(6)(a)7. is intended to allow for relief other than the relief already provided for in the statute. Because treatment and counseling for the respondent and the petitioner are already provided for in sections 741.30(6)(a)5. and 741.30(6)(a)6., section 741.30(6)(a)7....
CopyPublished | Florida 1st District Court of Appeal | 2015 Fla. App. LEXIS 12060, 2015 WL 4773922
...case sufficient to support the trial court’s imposition of the injunction. While we affirm the court’s finding of dating violence, we note that the court actually entered an injunction titled as one for protection against domestic violence under section
741.30 instead of one for protection against dating violence under section
784.046....
CopyPublished | Florida 5th District Court of Appeal | 2007 Fla. App. LEXIS 12374, 2007 WL 2274424
...allegedly false statements made by the appellee, Ellen Schmidt, in her petition for injunction against repeat violence. We affirm. There is no basis for the imposition of attorney’s fees in a proceeding for injunction against repeat violence under section 741.30, Florida Statutes (2005)....
...ic *298 violence injunction proceeding because there is no statutory authority to award fees as sanctions in such case); Geiger v. Schrader,
926 So.2d 432, 433 (Fla. 1st DCA 2006) (holding there is no provision for an award of attorney’s fees in a section
741.30 proceeding); Cisneros v....
CopyPublished | Florida 2nd District Court of Appeal | 2014 WL 3765819, 2014 Fla. App. LEXIS 11772
...Accordingly, it was error for the trial court to dismiss
the instant petition for temporary injunction on the basis that it raised allegations
resolved by Mrs. Parrish's voluntary dismissal of the first injunction. This error deprived
Mrs. Parrish of the procedural due process to which she is entitled under section
741.30, Florida Statutes (2012), because the trial court did not allow her an opportunity
to be heard or failed to otherwise consider whether her petition meets the requirements
for the issuance of a domestic violence injunction under the procedures set forth in
section 741.30. Accordingly, we reverse the dismissal of the third petition for temporary
injunction and remand for reconsideration in accordance with the dictates of section
741.30.2
Reversed and remanded.
VILLANTI and SLEET, JJ., Concur.
contemplate dismissal[,] nor was he given an opportunity to argue against it....
...By
dismissing the injunction without motion, notice, or evidentiary hearing, the court failed
to afford appellant due process in this matter.").
2
We make no determinations regarding whether the third petition filed by
Mrs. Parrish is otherwise sufficient under section 741.30(3), cf....
...3d 235, 237 (Fla. 2d DCA 2010) (remanding for the dismissal of a petition seeking
an injunction against repeat violence where the allegations did not rise to the level
necessary to obtain relief under the statute), or whether a hearing pursuant to section
741.30(4) is required under the facts presented, see Biggs v....
CopyPublished | Florida 4th District Court of Appeal
...“Whether the
evidence is legally sufficient to support entry of an injunction is a question
4
of law that is reviewed de novo.” Fingers v. Fingers,
353 So. 3d 1283, 1285
(Fla. 5th DCA 2023) (citation omitted).
The DV injunction in this case was entered pursuant to section
741.30(1)(a), Florida Statutes (2022), which allows the entry of a DV
injunction to protect a person “who is either the victim of domestic violence
as defined in s....
CopyPublished | Florida 6th District Court of Appeal
...Court on January 1, 2023.
Robinson,
257 So. 3d 1187, 1189 (Fla. 5th DCA 2018)). In this case, the trial court
concluded that the appellee had reasonable cause to believe that she was in imminent
danger of becoming a victim of domestic violence. See §
741.30(6)(a), (b), Fla....
CopyPublished | Florida 5th District Court of Appeal | 2000 Fla. App. LEXIS 4203, 2000 WL 356303
HARRIS, J. Appellant applied for and received a temporary injunction against domestic violence by her husband pursuant to section 741.30, Florida Statutes. The temporary injunction, entered ex parte, was based on an affidavit sufficient to warrant the injunction. Although it does not appear from the record that appellee was provided with an opportunity to be heard on the section 741.30 injunction, it does appear that a judge in the parties’ divorce action, instead of conducting an evidentiary hear *777 ing on the earlier injunction, entered a mutual restraining order in the Chapter 61 proceedings. Appellant urges error both because the court did not conduct a hearing and consider the injunction under section 741.30 and because the court entered a mutual restraining order under Chapter 61 without any allegation that appellant had committed any conduct deserving such action. We agree and reverse. Section 741.30 is the appropriate vehicle for a domestic violence injunction....
CopyPublished | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 4788, 2011 WL 1261104
...t the record belies this contention. He was given notice of the final hearing, and he was handed a copy of the final judgment in court, for which he signed a receipt. 1 Additionally, appellant argues that the permanent injunction entered pursuant to section 741.30, Florida Statutes, was improper because it was for a period of more than a year....
...Although at one time there was a statutory provision that limited permanent injunctions to a period of one year, that provision was removed by the legislature in 1997. The current statute as amended provides for an injunction to “remain in effect until modified or dissolved.” § 741.30(6)(c), Fla....
CopyPublished | Florida 3rd District Court of Appeal
...And “[i]f reasonable [people] could
differ as to the propriety of the action taken by the trial court, then it cannot
be said that the trial court abused its discretion.” Noe v. Noe,
217 So. 3d
196, 199 (Fla. 1st DCA 2017) (internal quotations omitted).
III. ANALYSIS
Pursuant to §
741.30(6)(c), Florida Statutes (2022), “[t]he terms of an
injunction ....
CopyPublished | Florida 4th District Court of Appeal
...More specifically, that
the entry of an RPO requires a showing of “imminent fear” or “immediate
and present” danger. The RPO statute states that, “[i]n a hearing under
this section, the rules of evidence apply to the same extent as in a domestic
violence injunction proceeding under s.
741.30.” §
790.401(3)(e), Fla....
...We take this statute to mean that the Florida Evidence Code
(Chapter 90, Florida Statutes (2018)) applies to an RPO proceeding in the
same manner it applies to a domestic violence injunction proceeding. We
do not find this language to mean that the domestic violence injunction
statute (section 741.30, Florida Statutes (2018)) and its standards control
over RPO proceedings....
...We next address Appellant’s faulty argument that an active domestic
violence injunction prevents entry of an RPO. The RPO statute specifically
provides that a petition for RPO must “[i]dentify whether there is a known
existing protection order governing the respondent under s.
741.30 1, s.
1 Section
741.30, Florida Statutes (2018), refers to domestic violence injunctions.
3
784.046, or s....
...784.0485 or under any other applicable statute.”
§
790.401(2)(e)3., Fla. Stat. (2018). Also, one of the enumerated factors a
trial court may consider in granting the RPO is “[a] violation by the
respondent of a risk protection order or a no contact order issued under
s.
741.30, s....
CopyPublished | Florida 1st District Court of Appeal | 2006 Fla. App. LEXIS 6165, 2006 WL 1112721
PER CURIAM. Although the trial court in this case had jurisdiction of the parties in the subject matter, it appears from a review of the record that the injunction was entered under section
741.30, Florida Statutes (2005), instead of section
784.046, Florida Statutes (2005)....
CopyPublished | Florida 3rd District Court of Appeal | 2016 WL 1696167, 2016 Fla. App. LEXIS 6350
...Suttle, for appellant.
Albertte Petithome, in proper person.
Before ROTHENBERG, FERNANDEZ and SCALES, JJ.
FERNANDEZ, J.
Rashad Whyce appeals a temporary injunction for protection against
domestic violence, issued on October 29, 2015, pursuant to Florida Statute section
741.30....
...dated October 29, 2015; however, there is no transcript of a hearing in the record,
nor does the order on appeal reflect that a hearing was held or that findings were
made by the trial court.
Because the order on appeal does not comply with the requirements of
section 741.30, Florida Statutes, reversal is warranted. The entry of an ex-parte
temporary injunction pursuant to section 741.30, Florida Statutes, requires a future
hearing date. See §741.30(5)(c)....
...The order on appeal does not contain a future
hearing date, nor does it reflect that it is a good cause continuation of the hearing
required by the statute. A careful review of the order suggests that it was the trial
court’s intention to simply issue a temporary injunction for a fixed period of time.
Nevertheless, section 741.30 “does not provide for the issuance of a series of
temporary injunctions in lieu of a permanent injunction.” See Dietz v....
CopyPublished | Florida 3rd District Court of Appeal
...Petitioner is
married to Juan Gayle, and the couple shares a three-year-old son. While
she was on felony probation for one count of grand theft, Gayle filed an ex
parte petition for injunction for protection against domestic violence pursuant
to section 741.30, Florida Statutes (2022)....
CopyPublished | Florida 4th District Court of Appeal | 2008 Fla. App. LEXIS 5862, 2008 WL 1806201
...The petition alleged the father took the child to the hospital and the child informed the police of the inappropriate touching by the boyfriend. On September 2, 2007, the duty judge entered two orders for temporary injunctions against the mother and boyfriend, pursuant to section 741.30, Florida Statutes (2006)....
...to guard against. The issue in this case is simple and straight forward: Is a hearing required before a court can vacate temporary injunctions against domestic violence? The answer is yes. After the issuance of an ex parte temporary injunction under section 741.30, the injunction cannot be vacated without a hearing....
CopyPublished | Florida 2nd District Court of Appeal | 2005 Fla. App. LEXIS 5220, 2005 WL 856073
...Because Samanka has not had her “day in court,” she was denied due process. Accordingly, we reverse and remand for further proceedings. Reversed and remanded. FULMER and CASANUEVA, JJ„ Concur. . We note that the trial court need not have set a date for the permanent injunction to *1191 expire. Section 741.30(6)(b), Florida Statutes (2001), states that permanent injunctions shall remain in effect until modified or dissolved....
CopyPublished | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 3871, 1998 WL 171508
...He now challenges the injunction, contending that his conduct in following and repeatedly telephoning the victim did not constitute “stalking” within the statutory definition of section
784.048, Florida Statutes (1995), so as to permit the issuance of an injunction under section
741.30, Florida Statutes (1995)....
CopyPublished | Florida 5th District Court of Appeal | 2013 WL 1482837, 2013 Fla. App. LEXIS 5900
...Whether the petitioner has been a victim of domestic violence will in this situation be determined in the criminal case. Only one judge should set the rules of contact between these parties. The wife argues that the trial court erred in denying her petition without first conducting a hearing. We agree. Section 741.30(1), Florida Statutes (2011), creates a cause of action for an injunction for protection against domestic violence....
...To state a cause of action, the petitioner must file a sworn petition alleging either (1) reasonable cause to believe that the petitioner is in imminent danger of becoming a victim of domestic violence, or (2) that the petitioner has been a victim of domestic violence. Section 741.30(4) states that, upon the filing of the petition, “the court shall set a hearing to be held at the earliest possible time.” Similarly, rule 12.610(b)(3) of Florida’s Family Law Rules of Procedure provides that the court must set a hearing....
...The trial court also erred in concluding that the husband’s bond conditions were sufficient to fully protect the wife from domestic violence. First, the bond conditions were not the same as the conditions which can be imposed under the domestic violence injunction statute. For example, section 741.30(6)(a) authorizes a trial court to award the petitioner the exclusive use and possession of the parties’ dwelling; to enter an order of temporary support; and to order the respondent to participate in treatment, intervention, counseling services, or a batterers’ intervention program....
...protect the wife because, since she is not a party to that proceeding, she may not receive timely notice of any dismissal of that case or of any change in the husband’s bond conditions. REVERSED and REMANDED. SAWAYA and EVANDER, JJ., concur. . See § 741.30, Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2013 WL 1442165, 2013 Fla. App. LEXIS 5736
...ough this amount included $4811.94 for fees incurred in three domestic violence cases that were not a part of this family law case. This was improper. The statute creating a cause of action for an injunction for protection against domestic violence, §
741.30, Fla. Stat. (2011), does not provide for an award of attorney’s fees. See Baumgartner v. Baumgartner,
693 So.2d 84, 85 (Fla. 2d DCA 1997) (noting that section
741.30(2)(c) “clearly contemplates a streamlined pro se proceeding”)....
...Therefore, the trial court abused its discretion in awarding fees to the Father for work re *231 lated to the petitions for domestic violence injunctions filed by the Mother. Although we reverse the award of fees for the injunction cases, we recognize that the power to amend section 741.30 to allow an award of attorney’s fees rests with the legislature....
CopyPublished | Florida 1st District Court of Appeal | 2002 Fla. App. LEXIS 4603, 2002 WL 529917
PER CURIAM. We reverse the final judgment of injunction for protection against domestic violence entered in this case pursuant to section
741.30, Florida Statutes (2001), because the trial court denied appellant his constitutional right to due process of law. On remand, the trial court shall permit the parties to present evidence on the issue of entitlement to the requested injunction. See, e.g., Chanfrau v. Fernandez,
782 So.2d 521, 522 (Fla. 2d DCA 2001) (both section
741.30 and constitutional principles of due process require that the court hold a full evidentiary hearing before entering a permanent injunction against domestic violence); Utley v....
