WHAT IS DOMESTIC VIOLENCE AND WHAT IS REQUIRED TO FILE A PETITION?
Domestic violence means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member. §741.28(2).
Standing: The Petitioner and the Respondent must be family or household members. §741.30(1)(e). “Family or household member” means spouses, former spouses, persons related by blood or marriage, persons who are presently living together as if a family or who have lived together in the past as if a family, and persons who are parents of a child together even if they never married or lived together. §741.28(3). With the exception of persons who have a child in common, the family or household members must be currently residing together or resided together in the past in the same single dwelling unit. §741.28(3). A minor child can file by and through a parent as a “next friend.” Parrish v. Price, 71 So. 3d 132 (Fla. 2d DCA 2011). There is no minimum residency or venue requirement. A petition may be filed in the circuit where the petitioner currently or temporarily resides, where the Respondent resides, or where the domestic violence occurred. §741.30(1)(j). The Petitioner must be a victim of domestic violence or have reasonable cause to believe that he or she is in imminent danger of becoming a victim of any act of domestic violence. §741.30(1)(a).
A person’s right to file a petition for an injunction shall not be affected by such person having left a residence or household to avoid domestic violence. §741.30(1)(d). Being a spouse is not a requirement to petition for domestic violence. §741.30(1)(3). No bond shall be required for entry of an injunction. §741.30(2)(b). And, no filing fee may be required by the Clerk of Court before a petition can be filed. §741.30(2)(a).
