Marriage License and Domestic Violence

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Questions and Answers

Who is authorized to issue a marriage license?

A mayor of a city

A justice of the peace

A notary public

A county court judge or clerk of the circuit court (correct)

What is the fee that the clerk collects for receiving the application for the issuance of a marriage license?

$10

$2 (correct)

Where are the funds generated from the increase in the marriage license fee directed?

Department of Health

Department of Revenue

Department of Children and Families (correct)

Executive Office of the Governor

What is the purpose of the Domestic Violence Trust Fund?

Funding domestic violence centers Signup and view all the answers

What information must be stated under oath in writing by both parties to the marriage?

If they are the parents of a child born in this state Signup and view all the answers

What is the amount of the increase in the marriage license fee?

$25 Signup and view all the answers

What happens to the name of any child recorded by both parties?

It is transmitted to the Department of Health Signup and view all the answers

What type of appropriation is used to fund domestic violence centers?

Grants-in-aid Signup and view all the answers

Who can provide a premarital preparation course?

An official representative of a religious institution with relevant training, among others Signup and view all the answers

Who pays for the premarital preparation course?

The applicant Signup and view all the answers

What does each premarital preparation course provider furnish to participants?

A certificate of completion specifying the name of the participant and the date of completion Signup and view all the answers

Who reviews the material in the handbook or other electronic media for accuracy?

The Family Court Steering Committee of the Florida Supreme Court Signup and view all the answers

What is available from the clerk of the circuit court upon application for a marriage license?

The handbook explaining Florida law pertaining to marriage Signup and view all the answers

What may be reviewed and updated annually?

The information contained in the handbook or other electronic media Signup and view all the answers

What topic is included in the Family Law Handbook?

All of the above Signup and view all the answers

How can the information in the handbook be provided?

In writing, on videotape, or other electronic media Signup and view all the answers

What is the purpose of the Family Law Handbook?

To explain the rights and responsibilities of marital partners Signup and view all the answers

Who is responsible for registering with the clerk of the circuit court?

The premarital preparation course provider Signup and view all the answers

What is the maximum amount the Executive Office of the Governor may spend each year from the Domestic Violence Trust Fund?

$500,000 Signup and view all the answers

What is the additional fee paid to the clerk upon receipt of the application for issuance of a marriage license?

$25 Signup and view all the answers

Who is exempt from paying the additional fee of $25 for a marriage license?

Couples who present valid certificates of completion of a premarital preparation course Signup and view all the answers

How many installment payments can an applicant for a marriage license make?

3 Signup and view all the answers

What is the amount retained by the clerk as a processing fee for installment payments?

$1 Signup and view all the answers

How much is the additional fee collected by the county court judge or clerk of the circuit court?

$4 Signup and view all the answers

What is the minimum number of hours required for a premarital preparation course?

4 hours Signup and view all the answers

Who is qualified to provide premarital preparation courses?

A psychologist licensed under chapter 490 Signup and view all the answers

What is the reduction in marriage license fee for couples who complete a premarital preparation course?

$32.50 Signup and view all the answers

What is one of the topics that may be covered in a premarital preparation course?

Conflict management Signup and view all the answers

How often should the information contained in the handbook or other electronic media presentation be reviewed and updated?

Annually Signup and view all the answers

What is the minimum age at which a person can marry with parental consent?

17 years Signup and view all the answers

What is the purpose of submitting social security numbers as provided in this section?

To support the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 Signup and view all the answers

How long is a marriage license valid for after issuance?

60 days Signup and view all the answers

Who can solemnize the rights of matrimonial contract?

All regularly ordained ministers, judicial officers, and notaries public Signup and view all the answers

What is the maximum age difference allowed between the parties to the marriage if one of them is a minor?

2 years Signup and view all the answers

What happens if a person violates s. 741.03 or s. 741.04(2)?

They commit a misdemeanor of the first degree Signup and view all the answers

What is required to be filed with the county court judge or clerk of the circuit court before a marriage license is issued?

A written and signed affidavit Signup and view all the answers

What is the purpose of the affidavit filed with the county court judge or clerk of the circuit court?

To provide social security numbers or other identification numbers Signup and view all the answers

What is required before any of the persons named in s. 741.07 can solemnize a marriage?

A marriage license issued according to the requirements of s. 741.01 Signup and view all the answers

What is the minimum term of imprisonment for a first-time offender of domestic violence?

10 days in the county jail Signup and view all the answers

What can be used only for the purposes of administration in Title IV-D child support enforcement cases?

Social security numbers Signup and view all the answers

What happens to the license and certificate after the marriage ceremony?

They are returned to the county court judge or clerk of the circuit court Signup and view all the answers

What is the purpose of the batterers’ intervention program?

To rehabilitate the offender Signup and view all the answers

What can be done if the marriage license has been lost or the proper certificate cannot be obtained?

An affidavit can be made before any officer authorized to administer oaths Signup and view all the answers

What is required to be presented to the county court judge or clerk of the circuit court before a marriage license is issued?

A written statement that verifies both parties have obtained and read the handbook Signup and view all the answers

What happens if the court determines that the person does not qualify for the batterers’ intervention program?

The court does not impose the condition of the batterers’ intervention program Signup and view all the answers

What happens if a couple does not submit valid certificates of completion of a premarital preparation course?

The effective date of the marriage license is delayed by 3 days Signup and view all the answers

Who is prohibited from marrying each other?

Lineal consanguinity, siblings, aunts, uncles, nieces, and nephews Signup and view all the answers

What is the minimum term of imprisonment for a second-time offender of domestic violence?

15 days in the county jail Signup and view all the answers

What is the status of common-law marriages entered into after January 1, 1968?

They are invalid Signup and view all the answers

Who can waive the delayed effective date requirement for Florida residents?

A county court judge Signup and view all the answers

What is the purpose of the Legal Rights and Remedies Notice to Victims?

To inform the victim of their legal rights and remedies Signup and view all the answers

What is the purpose of the record kept by the county court judge and clerk of the circuit court?

To record the names of the parties and the date of issuing Signup and view all the answers

What is the penalty for solemnizing a marriage without a license?

Misdemeanor of the first degree Signup and view all the answers

What is included in the Legal Rights and Remedies Notice to Victims?

The victim's rights and remedies Signup and view all the answers

What is the purpose of the law enforcement officer's role in domestic violence incidents?

To assist the victim to obtain medical treatment Signup and view all the answers

What is the minimum term of imprisonment for a third-time offender of domestic violence?

20 days in the county jail Signup and view all the answers

What is the purpose of the domestic violence center?

To provide services to the victim Signup and view all the answers

What is the court's discretion regarding the batterers’ intervention program?

The court may determine not to impose the condition of the batterers’ intervention program Signup and view all the answers

What happens to a person who willfully violates a condition of pretrial release provided in s. 903.047, when the original arrest was for an act of domestic violence as defined in s. 741.28?

They are charged with a misdemeanor of the first degree Signup and view all the answers

What is the role of prosecutors specializing in domestic violence cases?

To specialize in the prosecution of domestic violence cases Signup and view all the answers

What is the legislative intent regarding domestic violence cases?

To treat domestic violence as a criminal act Signup and view all the answers

What must be done by the State Attorney’s Office prior to a defendant’s first appearance in any charge of domestic violence?

Perform a thorough investigation of the defendant’s history Signup and view all the answers

What is considered by the court when determining bail for a defendant arrested for an act of domestic violence?

The safety of the victim, the victim’s children, and any other person who may be in danger Signup and view all the answers

What is the role of the court regarding injunctions for protection against domestic violence?

To ensure the parties have a clear understanding of the terms of the injunction Signup and view all the answers

What is the purpose of the specialized prosecutors in domestic violence cases?

To prosecute domestic violence cases Signup and view all the answers

What is presented at the defendant’s first appearance in a domestic violence case?

The results of the investigation into the defendant’s history Signup and view all the answers

Why is the defendant held in custody until their first appearance in a domestic violence case?

To ensure the safety of the victim Signup and view all the answers

What is the intent of the Legislature regarding the judiciary’s role in domestic violence cases?

To consider the safety of the victim and others Signup and view all the answers

What is one of the provisions that may be included in a petition requesting an injunction for protection from domestic violence?

Directing the abuser to pay support to the victim and minor children Signup and view all the answers

When a law enforcement officer investigates an allegation of domestic violence, what must the officer do?

Handle the incident according to the arrest policy provided in s. 901.15(7) Signup and view all the answers

What must a law enforcement officer include in the written police report when investigating an allegation of domestic violence?

A description of physical injuries observed, a statement from the victim and witnesses, and grounds for not arresting anyone Signup and view all the answers

What happens to the report furnished by the law enforcement agency to the domestic violence center?

It is sent to the nearest locally certified domestic violence center within 24 hours Signup and view all the answers

Which of the following types of marriages are not recognized in Florida?

Marriages between persons of the same sex Signup and view all the answers

What is the primary consideration for a law enforcement officer when deciding who to arrest in a domestic violence incident?

Probable cause Signup and view all the answers

What is the meaning of 'marriage' in Florida state statutes?

A legal union between one man and one woman as husband and wife Signup and view all the answers

What is the preferred response of a law enforcement officer when dealing with a domestic violence incident involving multiple parties?

Arresting only the primary aggressor Signup and view all the answers

Which common-law doctrine is abolished in Florida?

Interspousal tort immunity Signup and view all the answers

What is the liability of a law enforcement officer when making an arrest based on probable cause?

The officer is not liable for any civil action Signup and view all the answers

Who is liable for damages in an action against a minor's parents?

Any person, partnership, corporation, or association Signup and view all the answers

What is the definition of 'domestic violence' in Florida laws?

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 Signup and view all the answers

What is the purpose of a written police report in a domestic violence incident?

To compile data on domestic violence cases Signup and view all the answers

What is included in a written police report when a law enforcement officer decides not to make an arrest?

The grounds for not arresting anyone Signup and view all the answers

Who is considered a 'family or household member' in Florida laws?

Spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family, and persons who are parents of a child in common Signup and view all the answers

What must a law enforcement officer obtain from the victim and witnesses in a domestic violence incident?

A written statement from the victim and witnesses whenever possible Signup and view all the answers

What is the requirement for family or household members to be considered 'residing together'?

They must be currently residing or have in the past resided together in the same single dwelling unit Signup and view all the answers

What is the definition of 'law enforcement officer' in Florida laws?

Any person who meets the minimum qualifications established in s. 943.13 and is certified as a law enforcement officer under s. 943.1395 Signup and view all the answers

What is the purpose of the abrogation of the common-law doctrine of interspousal tort immunity?

To allow spouses to sue each other for intentional torts Signup and view all the answers

What is the result of the abrogation of the common-law rule of husband's liability for wife's torts?

Husbands are no longer liable for their wives' torts Signup and view all the answers

Who can file a sworn petition for an injunction for protection against domestic violence?

Any person, including family or household members Signup and view all the answers

What is the requirement for a person seeking an injunction for protection against domestic violence?

The person must have reasonable cause to believe they are in imminent danger of domestic violence Signup and view all the answers

What is the purpose of the injunction for protection against domestic violence?

To protect the petitioner and any children from harm Signup and view all the answers

Can a person seek an injunction for protection against domestic violence if they have already filed another cause of action?

Yes, they can Signup and view all the answers

How often should a person seeking an injunction for protection against domestic violence present evidence or recommendations?

Either in writing or under oath at a hearing Signup and view all the answers

What is prohibited by the court in an injunction for protection against domestic violence?

Issuing mutual orders of protection Signup and view all the answers

Where can a person file a petition for an injunction for protection against domestic violence?

In the circuit where the domestic violence occurred, where the petitioner currently or temporarily resides, or where the respondent resides Signup and view all the answers

What is the purpose of the batterers' intervention program?

To rehabilitate the perpetrator Signup and view all the answers

What can the court consider when issuing an injunction for protection against domestic violence?

The pleadings and other relevant evidence Signup and view all the answers

What is the court's power in an injunction for protection against domestic violence?

Includes enforcing, through a civil or criminal contempt proceeding, a violation of an injunction for protection against domestic violence Signup and view all the answers

What is the purpose of the Uniform Child Custody Jurisdiction and Enforcement Act affidavit?

To determine a parenting plan and time-sharing schedule Signup and view all the answers

What may the court grant to the petitioner if an immediate and present danger of domestic violence exists?

All of the above Signup and view all the answers

How long is a temporary ex parte injunction effective?

For a fixed period not to exceed 15 days Signup and view all the answers

What may the court grant the petitioner regarding an animal?

Exclusive care, possession, or control Signup and view all the answers

When is a full hearing set?

At the earliest possible time Signup and view all the answers

What may the court grant the respondent?

No contact with the petitioner Signup and view all the answers

What is required to be personally served to the respondent?

All of the above Signup and view all the answers

What happens if the respondent appears at the hearing?

Evidence other than verified pleadings or affidavits may be used Signup and view all the answers

What is the maximum fee that the clerk shall pay to a law enforcement agency serving an injunction?

$20 Signup and view all the answers

What is the effect of a continuance of the hearing?

The hearing is rescheduled Signup and view all the answers

What is the effect of a denial of a petition for an ex parte injunction?

A full hearing is set at the earliest possible time Signup and view all the answers

What is the role of the clerk of the court in seeking an injunction for protection against domestic violence?

To assist petitioners in seeking injunctions and enforcement Signup and view all the answers

What is the purpose of the sworn petition for an injunction for protection against domestic violence?

To allege the existence of domestic violence Signup and view all the answers

What information must the petitioner provide in the sworn petition?

The petitioner's and respondent's addresses, and the respondent's physical description Signup and view all the answers

What is the purpose of the clerk providing simplified petition forms?

To assist petitioners in seeking injunctions Signup and view all the answers

What is the purpose of the training provided to clerks of court and staff?

To assist petitioners in seeking injunctions Signup and view all the answers

What is the purpose of the statewide uniform informational brochure?

To provide information on domestic violence Signup and view all the answers

What is the role of the clerk of the court in ensuring the petitioner's privacy?

To ensure the petitioner's privacy to the extent practical Signup and view all the answers

What is the purpose of the certificate of indigence?

To waive the filing fee Signup and view all the answers

What is the role of the clerk of the court in providing certified copies of the order of injunction?

To provide a minimum of two certified copies Signup and view all the answers

What is one of the reliefs that the court may grant when it appears that the petitioner is a victim of domestic violence?

Awarding the exclusive use and possession of the dwelling to the petitioner Signup and view all the answers

What basis is used to provide the petitioner with 100 percent of the time-sharing in a temporary parenting plan?

The basis provided in chapter 61 Signup and view all the answers

When can the court grant such relief to the petitioner?

Upon notice and hearing Signup and view all the answers

What may the court restrain the respondent from doing?

Committing any acts of domestic violence Signup and view all the answers

What can the court grant to the petitioner in a temporary parenting plan?

100 percent of the time-sharing Signup and view all the answers

What is the definition of domestic violence according to s. 741.28, Florida Statutes?

Any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, or false imprisonment Signup and view all the answers

Under what circumstances may a petitioner be considered a victim of domestic violence?

All of the above Signup and view all the answers

What is the purpose of the injunction sought by the petitioner in the petition?

All of the above Signup and view all the answers

What is required to be stated in all capital letters and bold type in the petition?

I HAVE READ EVERY STATEMENT MADE IN THIS PETITION AND EACH STATEMENT IS TRUE AND CORRECT Signup and view all the answers

What is the purpose of the batterers' intervention program?

To help the respondent change their behavior and stop abusing Signup and view all the answers

What is the consequence if the respondent fails to comply with the injunction?

The respondent will be arrested and charged with contempt Signup and view all the answers

What is the purpose of the temporary parenting plan?

To provide a temporary time-sharing schedule for the minor child or children Signup and view all the answers

What is the purpose of the petitioner's allegations of domestic violence?

To establish that the petitioner has reasonable cause to believe they are in imminent danger of becoming a victim of domestic violence Signup and view all the answers

What is the consequence if the respondent has a criminal history involving violence or the threat of violence?

The respondent's criminal history will be considered in the injunction hearing Signup and view all the answers

What is the purpose of the petitioner's statement that they genuinely fear imminent domestic violence by the respondent?

To establish that the petitioner has reasonable cause to believe they are in imminent danger of becoming a victim of domestic violence Signup and view all the answers

Study Notes

Marriage Licenses

A marriage license shall be issued by a county court judge or clerk of the circuit court under their hand and seal.
The license is issued upon application, if there appears to be no impediment to the marriage.
The application must allow both parties to state under oath in writing if they are the parents of a child born in this state and to identify any such child they have in common.
The fee for a marriage license is 93.50,whichincludesa93.50, which includes a 93.50,whichincludesa25 surcharge that goes towards the Domestic Violence Trust Fund.

Fees

The fee charged for each marriage license issued in the state is increased by $25, which goes towards the Domestic Violence Trust Fund.
An additional fee of $25 is paid to the clerk upon receipt of the application for issuance of a marriage license, which goes towards the State Courts Revenue Trust Fund.
If a couple completes a premarital preparation course, the marriage license fee is reduced by $32.50.

Premarital Preparation Course

A premarital preparation course is a course of not less than 4 hours that includes instruction on conflict management, communication skills, financial responsibilities, and other topics.
The course may be taken by individual instruction, videotape instruction, or instruction via other electronic medium.
The course provider must furnish a certificate of completion to the participant.
The certificate of completion must specify the name of the participant, the date of completion, and whether the course was conducted by personal instruction, videotape instruction, or instruction via other electronic medium.

Family Law Handbook

The Family Law Section of The Florida Bar shall create a handbook explaining the rights and responsibilities of marital partners to each other and to their children.
The handbook shall be reviewed annually and updated as necessary.
The handbook shall be available from the clerk of the circuit court upon application for a marriage license.

Issuance of Marriage License

A county court judge or clerk of the circuit court may not issue a license to marry to any person younger than 18 years of age, unless the person is at least 17 years of age and provides written consent from their parents or legal guardian.
The older party to the marriage must not be more than 2 years older than the younger party to the marriage.

Solemnization of Marriage

All regularly ordained ministers of the gospel or elders in communion with some church, or other ordained clergy, and all judicial officers, including retired judicial officers, clerks of the circuit courts, and notaries public of this state may solemnize the rights of matrimonial contract.

Prohibitions on Marriage

Marriages between persons of the same sex are not recognized for any purpose in this state.
Incestuous marriages, such as between lineal consanguinity, sister, aunt, niece, brother, uncle, or nephew, are prohibited.### Civil Action Against Parents
Parents can be held liable for damages caused by their minor child (under 18) who willfully destroys or steals property.
The recovery is limited to actual damages and taxable court costs.

Domestic Violence Definitions

"Department" refers to the Florida Department of Law Enforcement.
"Domestic violence" includes assault, battery, stalking, kidnapping, and other criminal offenses resulting in physical injury or death of a family or household member.
"Family or household member" includes spouses, relatives, persons related by marriage or blood, and those who have a child in common.

Batterers' Intervention Program

A person found guilty of domestic violence must attend a batterers' intervention program as a condition of probation.
The court can determine not to impose the condition if it states the reason on the record.

Minimum Term of Imprisonment

A person adjudicated guilty of domestic violence must serve a minimum term of imprisonment:
- 10 days for a first offense
- 15 days for a second offense
- 20 days for a third or subsequent offense
If the crime occurs in the presence of a child under 16, the minimum term of imprisonment is:
- 15 days for a first offense
- 20 days for a second offense
- 30 days for a third or subsequent offense

Investigation of Incidents

Law enforcement officers must assist victims of domestic violence in obtaining medical treatment and advise them of their legal rights and remedies.
Officers must complete a written report of the incident, which includes a description of physical injuries observed and whether an arrest was made.

Prosecution and Investigation

Each state attorney shall develop special units or assign prosecutors to specialize in domestic violence cases.
Prosecutors shall receive training in domestic violence issues.
The state attorney shall adopt a pro-prosecution policy for acts of domestic violence.

Judiciary's Role

The court shall consider the safety of the victim, children, and others who may be in danger if the defendant is released.
The court shall exercise caution in releasing defendants and ensure that they understand the terms of the injunction and penalties for noncompliance.

Injunction for Protection Against Domestic Violence

A person who is a victim of domestic violence or has reasonable cause to believe they are in imminent danger of becoming a victim has standing to file a petition for an injunction.
The court shall consider the safety of the victim, children, and others who may be in danger if the respondent is released.
The court shall ensure that the parties have a clear understanding of the terms of the injunction, penalties for noncompliance, and legal rights and remedies.### Petition for Injunction for Protection Against Domestic Violence
The petition must be in a specific form, sworn by the petitioner, and include the following information:
- Petitioner's name and address
- Respondent's name, address, and last known place of employment
- Physical description of respondent, including race, sex, date of birth, height, weight, eye color, hair color, and distinguishing marks or scars
- Aliases of respondent
- Description of any previous or pending attempts to obtain an injunction for protection against domestic violence
The petitioner must describe any previous or pending attempts to obtain an injunction for protection against domestic violence, including case numbers if available

Grounds for Injunction

The petitioner must allege that they are either a victim of domestic violence or have reasonable cause to believe they are in imminent danger of becoming a victim of domestic violence
Domestic violence is defined as 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

Relief Sought

The petitioner may request an injunction:
- Restraining the respondent from committing any acts of domestic violence
- Awarding the petitioner exclusive use and possession of the dwelling shared by the parties or excluding the respondent from the residence
- Establishing a temporary parenting plan, including a temporary time-sharing schedule
- Ordering the respondent to participate in a batterers' intervention program
- Providing any other terms necessary for the protection of the petitioner or minor children

Hearing and Temporary Injunction

The court shall set a hearing to be held at the earliest possible time
The respondent shall be personally served with a copy of the petition, financial affidavit, Uniform Child Custody Jurisdiction and Enforcement Act affidavit, notice of hearing, and temporary injunction
If the court finds an immediate and present danger of domestic violence, it may grant a temporary injunction ex parte, pending a full hearing
The temporary injunction may include:
- Restraining the respondent from committing any acts of domestic violence
- Awarding the petitioner temporary exclusive use and possession of the dwelling
- Providing a temporary parenting plan, including a time-sharing schedule
- Awarding the petitioner temporary exclusive care, possession, or control of an animal

Full Hearing

The court shall grant a full hearing on the petition for injunction with notice at the earliest possible time
The court may grant continuances of the hearing for good cause shown by any party
Any injunction shall be extended if necessary to remain in full force and effect during any period of continuance

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Description

A quiz on the legal aspects of marriage licenses, including who can issue them, associated fees, and the purpose of the Domestic Violence Trust Fund.