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Legal Statutes: Florida

UPDATED July 16, 2017

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Chapter 741. Chapter 741 Marriage; Domestic Violence

back to top741.2902. Domestic violence; legislative intent with respect to judiciary's role

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

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

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

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

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

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

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

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

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

Laws 1991, c. 91-210, § 5; Laws 1994, c. 94-134, § 4; Laws 1994, c. 94-135, § 4; Laws 1994, c. 94-170, § 13; Laws 1995, c. 95-195, § 4. Amended by Laws 2002, c. 2002-55, § 11, eff. Jan. 1, 2003; Laws 2012, c. 2012-147, § 9, eff. July 1, 2012.