Marriage License Issuance FSS 741

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Questions and Answers

What is the benefit of completing a premarital preparation course?

Reduction of the marriage license fee by $32.50 (correct)

Priority processing of the marriage license application

Exemption from the requirement to provide a valid certificate of completion

Waiver of the marriage license application fee

Who is responsible for paying the costs of the premarital preparation course?

The applicant (correct)

The judicial circuit

The course provider

The clerk of the circuit court

What information must be specified on the certificate of completion?

Only the participant's name and date of completion

The participant's name, date of completion, and course provider's contact information

Only the course instructor's name and qualifications

The participant's name, date of completion, and method of instruction (correct)

Who reviews the material in the family law handbook for accuracy?

The Family Court Steering Committee of the Florida Supreme Court 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

Who may establish a roster of area course providers?

Each judicial circuit Signup and view all the answers

What is made available to applicants upon request from the clerk of the circuit court?

A list of course providers and sites at which marriage and relationship skill-building classes are available Signup and view all the answers

Who is qualified to provide a premarital preparation course?

A psychologist licensed under chapter 490, or a clinical social worker licensed under chapter 491, or a marriage and family therapist licensed under chapter 491, or a mental health counselor licensed under chapter 491, or an official representative of a religious institution with relevant training Signup and view all the answers

What is the purpose of the family law handbook?

To explain the rights and responsibilities of marital partners to each other and to their children Signup and view all the answers

Where can applicants obtain a copy of the family law handbook?

From the clerk of the circuit court Signup and view all the answers

Who is responsible for issuing a marriage license in the state?

A county court judge or a clerk of the circuit court Signup and view all the answers

What is the purpose of the Domestic Violence Trust Fund established by the Executive Office of the Governor?

To collect and disburse funds for the establishment of domestic violence centers Signup and view all the answers

What information must be included in the application for a marriage license?

Name, date of birth, place of birth, and birth certificate number of any child in common Signup and view all the answers

What is the amount of the fee collected by the clerk of the circuit court for receiving the application for a marriage license?

$2 Signup and view all the answers

What happens to the funds generated from the increase in the marriage license fee?

They are directed to the Department of Children and Families for funding domestic violence centers Signup and view all the answers

What is the amount of the increase in the fee for each marriage license issued in the state?

$25 Signup and view all the answers

What is the purpose of the information collected about any children in common?

To identify any children in common and transmit the information to the Department of Health Signup and view all the answers

What is the category under which the funds generated from the increase in the marriage license fee are appropriated to the Department of Children and Families?

Grants-in-aid Signup and view all the answers

What is the main purpose of a handbook or electronic media presentation in a marital relationship?

To provide information on various aspects of the marital relationship, including financial arrangements and parenting plans Signup and view all the answers

What is the minimum age requirement for obtaining a marriage license without parental consent?

18 years old Signup and view all the answers

What is the purpose of submitting social security numbers when applying for a marriage license?

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

What is a requirement for a 17-year-old to obtain a marriage license?

Written consent from both parents Signup and view all the answers

What is a consequence of false reporting of domestic violence?

Penalties and other ramifications Signup and view all the answers

What is included in the determination of a parenting plan?

Both time-sharing schedules and permanent relocation restrictions Signup and view all the answers

What is the purpose of the Battered Women's Bill of Rights?

To specify the women's rights in the context of marriage dissolution Signup and view all the answers

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

Annually Signup and view all the answers

What is the age difference requirement for a 17-year-old to obtain a marriage license?

The older party to the marriage cannot be more than 2 years older Signup and view all the answers

What is an alternative to providing a social security number for non-citizens of the United States?

An alien registration number Signup and view all the answers

What is the maximum amount the Executive Office of the Governor can spend each year for a statewide public-awareness campaign regarding domestic violence?

$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

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

$25 Signup and view all the answers

What is the maximum number of installments allowed for payment of the fees required under s. 741.01?

3 Signup and view all the answers

What is the processing fee retained by the clerk when the marriage license fee is paid in installments?

$1 Signup and view all the answers

What is the additional fee collected by the county court judge or clerk of the circuit court for each application for a marriage license?

$4 Signup and view all the answers

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

4 Signup and view all the answers

What is the purpose of the Domestic Violence Trust Fund?

To fund public-awareness campaigns regarding domestic violence Signup and view all the answers

Who is responsible for distributing the fees for marriage licenses?

The clerk of the circuit court Signup and view all the answers

What is illegal for a county court judge or clerk of the circuit court to do?

Send out a marriage license signed in blank Signup and view all the answers

What is required for a county court judge or clerk of the circuit court to issue a marriage license?

A written statement specifying whether the parties completed a premarital preparation course, and verification of access to the handbook on rights and responsibilities of marriage 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 will be delayed by 3 days Signup and view all the answers

Who is exempt from the delayed effective date requirement for a marriage license?

Non-Florida residents, and couples asserting hardship Signup and view all the answers

For how long is a marriage license valid after issuance?

60 days Signup and view all the answers

What is the penalty for violating s. 741.03 or s. 741.04(2)?

A misdemeanor of the first degree Signup and view all the answers

Who can solemnize the rights of matrimonial contract?

All regularly ordained ministers of the gospel, judicial officers, including retired judicial officers, clerks of the circuit courts, and notaries public of this state Signup and view all the answers

What is the purpose of the written statement required for a marriage license?

To specify whether the parties completed a premarital preparation course Signup and view all the answers

Can a county court judge or clerk of the circuit court issue a marriage license to individuals who are not citizens of the United States?

Yes, as long as one or both parties are unable to provide a social security number, an alien registration number, or another identification number Signup and view all the answers

What happens to the effective date of a marriage license if a couple submits valid certificates of completion of a premarital preparation course?

It is not delayed Signup and view all the answers

Why is a marriage license fee waiver available?

To all eligible couples Signup and view all the answers

What is not recognized for any purpose in the State of Florida?

Relationships between persons of the same sex treated as marriages in any jurisdiction Signup and view all the answers

What is abrogated according to Florida Statute 741.23?

The common-law rule whereby a husband is liable for the torts of his wife Signup and view all the answers

What type of tort is exempted from the doctrine of interspousal tort immunity?

Intentional tort of battery Signup and view all the answers

Who can recover damages in an appropriate action at law according to Florida Statute 741.24?

Any person or entity whose property is damaged or stolen by a minor Signup and view all the answers

What is included in the definition of 'domestic violence'?

Any criminal offense resulting in physical injury or death of one family or household member by another Signup and view all the answers

Who is considered a 'family or household member'?

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

What is the limitation on recovery of damages according to Florida Statute 741.24?

Actual damages in addition to taxable court costs Signup and view all the answers

What department is referenced in Florida Statute 741.28?

Department of Law Enforcement Signup and view all the answers

What is the age limit for minors who can cause damage or theft of property according to Florida Statute 741.24?

18 years old Signup and view all the answers

What is not mentioned as an example of domestic violence in Florida Statute 741.28?

Breach of contract Signup and view all the answers

What is the exceptions to the validity of marriage in the Quakers Society?

None of the above Signup and view all the answers

Who is required to obtain a marriage license before solemnizing a marriage?

The minister or elder only Signup and view all the answers

What must a person solemnizing a marriage do within 10 days after the marriage?

All of the above Signup and view all the answers

What is the purpose of the record of marriage licenses and certificates?

To keep a record of all marriages performed in the county Signup and view all the answers

What can be used to prove a marriage when no certificate is available?

An affidavit made by two competent witnesses who saw the marriage ceremony Signup and view all the answers

What is the relationship that a man is prohibited from marrying?

His sister, aunt, or niece Signup and view all the answers

What is the effect of a common-law marriage entered into after January 1, 1968?

It is void and not recognized by the state Signup and view all the answers

Who is responsible for keeping a record of all marriage licenses issued?

The county court judge or clerk of the circuit court Signup and view all the answers

What is the purpose of a marriage license?

To give permission to a minister or elder to perform a marriage Signup and view all the answers

What is the effect of a marriage that was entered into in good faith and in substantial compliance with the law?

It is valid and recognized by the state Signup and view all the answers

What is the minimum term of probation that a person found guilty of domestic violence must be ordered to?

1 year Signup and view all the answers

What is the minimum term of imprisonment for a first offense of domestic violence that results in bodily harm?

10 days Signup and view all the answers

Who is considered a law enforcement officer?

Any person elected, appointed, or employed by a municipality or the state who meets minimum qualifications Signup and view all the answers

What is the purpose of ordering a defendant to attend a batterers' intervention program?

To rehabilitate the defendant Signup and view all the answers

What is the minimum term of imprisonment for a second offense of domestic violence that results in bodily harm?

20 days Signup and view all the answers

What is the additional requirement for sentencing if the domestic violence takes place in the presence of a child under 16 years of age?

Increased term of imprisonment Signup and view all the answers

What is the condition of probation that a court must impose for a defendant under s. 741.281?

Complete a batterers' intervention program Signup and view all the answers

What is the exception to the requirement of imposing a minimum term of imprisonment for domestic violence?

If the defendant is sentenced to a nonsuspended period of incarceration in a state correctional facility Signup and view all the answers

What is the primary purpose of the standard form developed by the department for law enforcement officers to give to victims of domestic violence?

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

What is the role of the law enforcement officer in cases of domestic violence?

To advise the victim of legal rights and remedies available Signup and view all the answers

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

A general summary of the legal rights and remedies available in simple English and Spanish Signup and view all the answers

What is the consequence of willfully violating a condition of pretrial release provided in s. 903.047 when the original arrest was for an act of domestic violence?

The person commits a misdemeanor of the first degree Signup and view all the answers

Why is the Legal Rights and Remedies Notice to Victims revised as necessary?

To include new legal rights and remedies available to victims Signup and view all the answers

What is the purpose of the state attorney's office adopting a pro-prosecution policy for acts of domestic violence?

To provide greater protection to victims and better accountability of perpetrators Signup and view all the answers

What information must be presented at a defendant's first appearance in any charge of domestic violence?

The defendant's prior arrests for domestic violence and other charges Signup and view all the answers

What is the purpose of the law enforcement officer giving the victim immediate notice of legal rights and remedies?

To inform the victim of potential legal actions Signup and view all the answers

What is the intent of the Legislature with respect to domestic violence cases?

To provide greater protection to victims and better accountability of perpetrators Signup and view all the answers

What can a victim of domestic violence file in court?

A petition for an injunction for protection from domestic violence Signup and view all the answers

What is the responsibility of the department in regard to the Legal Rights and Remedies Notice to Victims?

To revise the notice as necessary Signup and view all the answers

What is required of a law enforcement officer when investigating an allegation of domestic violence?

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

What must the court consider 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 purpose of the investigation conducted by the state attorney's office prior to a defendant's first appearance in any charge of domestic violence?

To present information to the court for consideration of bail and sentencing Signup and view all the answers

What must a law enforcement officer include in the written police report?

A description of physical injuries observed, if any Signup and view all the answers

Who may establish a roster of area course providers for domestic violence cases?

Not mentioned in the content Signup and view all the answers

What happens when a defendant is arrested for an act of domestic violence?

The defendant is held in custody until brought before the court Signup and view all the answers

What is the preferred response of a law enforcement officer in cases of domestic violence?

To try to determine who was the primary aggressor and arrest only that person Signup and view all the answers

What is the role of the state attorney in domestic violence cases?

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

What is a law enforcement officer required to give to the victim of domestic violence?

A copy of the legal rights and remedies notice Signup and view all the answers

What is the purpose of the training received by prosecutors specializing in domestic violence cases?

To understand domestic violence issues Signup and view all the answers

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

To provide greater protection to victims and better accountability of perpetrators Signup and view all the answers

What must a law enforcement agency do with the report of a domestic violence incident?

Send a copy of the report to the nearest locally certified domestic violence center within 24 hours Signup and view all the answers

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

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

When can a law enforcement officer decide not to make an arrest in a domestic violence case?

When the officer determines that a person acted in a reasonable manner to protect themselves or another family or household member Signup and view all the answers

What is not required of a law enforcement officer when investigating an allegation of domestic violence?

To consider the relationship of the parties involved Signup and view all the answers

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

To protect the petitioner from domestic violence and ensure their safety Signup and view all the answers

Who can seek an injunction for protection against domestic violence?

Any person who is either the victim of domestic violence or has reasonable cause to believe they are in imminent danger Signup and view all the answers

What is a requirement for the respondent in an injunction for protection against domestic violence?

To complete a batterers' intervention program Signup and view all the answers

What is a consequence of violating an injunction for protection against domestic violence?

Either a civil or criminal contempt proceeding Signup and view all the answers

What is the purpose of the court's consideration of temporary child support in an injunction for protection against domestic violence?

To provide temporary financial support to the petitioner Signup and view all the answers

What is the purpose of the court's consideration of supervised visitation in an injunction for protection against domestic violence?

To protect the child and petitioner from harm Signup and view all the answers

What is a requirement for the petitioner in an injunction for protection against domestic violence?

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

What is the purpose of the court's consideration of the perpetrator completing a batterers' intervention program?

To help the perpetrator change their behavior Signup and view all the answers

What is not allowed in an injunction for protection against domestic violence?

Mutual orders of protection Signup and view all the answers

What is the purpose of the court ensuring the parties have knowledge of legal rights and remedies?

To help the parties understand their legal options Signup and view all the answers

Where can a petition for an injunction for protection against domestic violence be filed?

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

What is prohibited for a petition for protection against domestic violence?

Assessment of a filing fee Signup and view all the answers

What must the sworn petition for an injunction for protection against domestic violence include?

The specific facts and circumstances upon which relief is sought Signup and view all the answers

What can the clerk of the circuit court submit to the Office of the State Courts Administrator?

A certified request for reimbursement for petitions for protection against domestic violence issued by the court Signup and view all the answers

What is the maximum fee that a law enforcement agency can request for serving an injunction for protection against domestic violence?

$20 Signup and view all the answers

What is provided to petitioners by the clerk of the court?

A minimum of two certified copies of the order of injunction Signup and view all the answers

What training do clerks of court and appropriate staff in each county receive?

Training in assistance of petitioners Signup and view all the answers

What is made available to petitioners by the clerk of the court in each county?

Informational brochures on domestic violence Signup and view all the answers

What is included in the statewide uniform informational brochure?

Information about the effects of giving the court false information about domestic violence Signup and view all the answers

Why is a bond not required by the court for the entry of an injunction for protection against domestic violence?

Because no bond is required by law Signup and view all the answers

What is the purpose of awarding the petitioner the temporary exclusive care, possession, or control of an animal?

To protect the animal from the respondent Signup and view all the answers

What is the maximum period for which an ex parte temporary injunction can be effective?

15 days Signup and view all the answers

What is the purpose of a full hearing in a domestic violence case?

To determine if the petitioner is a victim of domestic violence Signup and view all the answers

What type of animal is excluded from the temporary exclusive care, possession, or control of an animal?

Service animal Signup and view all the answers

What is the purpose of an injunction in a domestic violence case?

To protect the petitioner from domestic violence Signup and view all the answers

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

A full hearing is set on the petition for injunction Signup and view all the answers

What is the purpose of the temporary parenting plan?

To provide 100 percent of the time-sharing to the petitioner Signup and view all the answers

What is the purpose of ordering the respondent to participate in treatment, intervention, or counseling services?

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

What is the purpose of excluding the respondent from the residence of the petitioner?

To protect the petitioner from domestic violence Signup and view all the answers

What is the purpose of a continuance of the hearing in a domestic violence case?

To obtain service of process Signup and view all the answers

What is the purpose of the petitioner providing a physical description of the respondent?

To facilitate the service of the injunction on the respondent Signup and view all the answers

What is the purpose of the petitioner describing any previous or pending attempts to obtain an injunction for protection against domestic violence?

To provide evidence of the respondent's pattern of behavior Signup and view all the answers

What is considered a family or household member for the purposes of the petition?

Persons who are or were residing together in the same single dwelling unit as a family Signup and view all the answers

What is a consequence of the petitioner's reasonable cause to believe they are in imminent danger of becoming a victim of domestic violence?

The petitioner may be granted a temporary injunction for protection against domestic violence Signup and view all the answers

What is the purpose of the petitioner providing information about any other cause of action currently pending between the petitioner and respondent?

To provide evidence of the respondent's pattern of behavior Signup and view all the answers

What is the purpose of the petitioner describing any incidents of violence or threats of violence?

To provide evidence of the respondent's behavior Signup and view all the answers

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

To request a court order to protect the petitioner from domestic violence Signup and view all the answers

What is the consequence of the respondent's intentional injury or killing of a family pet?

The petitioner may have 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 purpose of the petitioner providing their address?

To facilitate the service of the injunction on the respondent Signup and view all the answers

What is the consequence of the respondent's previous threats to conceal, kidnap, or harm the petitioner's child or children?

The petitioner may have reasonable cause to believe they are in imminent danger of becoming a victim of domestic violence Signup and view all the answers

Who may authorize a law enforcement agency to serve an injunction?

The chief judge of the circuit Signup and view all the answers

What must a law enforcement agency serving an injunction use?

Those consistent with the sheriff's procedures Signup and view all the answers

When must a law enforcement officer serve an injunction?

Immediately after receiving a copy of the injunction from the petitioner Signup and view all the answers

What must be certified by the clerk of the court?

A copy of the injunction for protection against domestic violence Signup and view all the answers

What is the purpose of the Domestic and Repeat Violence Injunction Statewide Verification System?

To provide a statewide communication system for domestic violence injunctions Signup and view all the answers

When must the clerk of the court electronically transmit a certified copy of the injunction to the sheriff?

Within 24 hours of the issuance of the injunction Signup and view all the answers

What must be made available to other law enforcement agencies by the sheriff?

Information relating to the injunction Signup and view all the answers

What is the penalty for a party that fails or refuses to acknowledge receipt of an order?

The clerk notes on the original order that service was effected Signup and view all the answers

Under what circumstances can a subsequent petition for an injunction be served by certified mail?

When the respondent has failed to appear at the initial hearing Signup and view all the answers

What is the purpose of the written certification prepared by the clerk?

To specify the time, date, and method of service of the order Signup and view all the answers

What is the main purpose of a petition for an injunction against domestic violence?

To protect the petitioner and any minor children from imminent domestic violence Signup and view all the answers

What must be included in the sworn petition for an injunction against domestic violence?

Allegations required by the Uniform Child Custody Jurisdiction and Enforcement Act Signup and view all the answers

What is the purpose of the statement in all capital letters and bold type at the end of the petition?

To indicate the petitioner's understanding of the penalties for perjury Signup and view all the answers

What may the court grant if it appears that an immediate and present danger of domestic violence exists?

A temporary injunction ex parte, pending a full hearing Signup and view all the answers

What is the purpose of the temporary parenting plan?

To provide a temporary time-sharing schedule Signup and view all the answers

What is the effect of a temporary parenting plan on the respondent's time-sharing?

It may award the petitioner up to 100% of the time-sharing Signup and view all the answers

Within how many hours must the sheriff notify other law enforcement agencies of service of an injunction for protection against domestic violence?

24 hours Signup and view all the answers

What is required to be served on the respondent prior to the hearing?

A copy of the petition, financial affidavit, and Uniform Child Custody Jurisdiction and Enforcement Act affidavit Signup and view all the answers

What may be included in the temporary injunction?

A requirement for the respondent to participate in a batterers' intervention program Signup and view all the answers

What happens to the respondent if they are arrested by a law enforcement officer under s. 901.15(6) or for a violation of s. 741.31?

They are held in custody until brought before the court Signup and view all the answers

What is the purpose of the court's hearing?

To determine the existence of an immediate and present danger of domestic violence Signup and view all the answers

What is the purpose of the automated process developed by the Florida Association of Court Clerks and Comptrollers?

To request notification of service of the injunction for protection against domestic violence Signup and view all the answers

What is the effect of a temporary injunction on the respondent's access to the shared dwelling?

It awards the petitioner temporary exclusive use and possession of the shared dwelling Signup and view all the answers

What is the minimum time frame within which the clerk of the court must notify the sheriff of the vacation, termination, or modification of an injunction?

24 hours Signup and view all the answers

What is the purpose of the Domestic Violence Trust Fund?

To provide support for victims of domestic violence Signup and view all the answers

What happens to the moneys collected pursuant to the enforcement of an injunction?

They are transferred to the State Treasury for deposit in the Domestic Violence Trust Fund Signup and view all the answers

What is the purpose of the notification made by the Florida Association of Court Clerks and Comptrollers?

To request notification of service of the injunction for protection against domestic violence Signup and view all the answers

What is the consequence of a violation of an injunction for protection against domestic violence?

The respondent is held in custody until brought before the court Signup and view all the answers

Who is responsible for developing the automated process for requesting notification of service of the injunction for protection against domestic violence?

The Florida Association of Court Clerks and Comptrollers Signup and view all the answers

What is the purpose of the court's enforcement of a violation of an injunction for protection against domestic violence?

To protect the petitioner Signup and view all the answers

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

Reasonable notice and opportunity to be heard Signup and view all the answers

What may be ordered by the court as a condition of the injunction?

Batterers' intervention program Signup and view all the answers

What is a factor that may influence the court's decision to order a batterers' intervention program?

All of the above Signup and view all the answers

What must be indicated on the face of a final judgment on an injunction for protection against domestic violence?

The violation of s. 790.233, a first degree misdemeanor Signup and view all the answers

Who may be present with the petitioner or respondent during court proceedings?

All of the above Signup and view all the answers

What must be electronically transmitted to the sheriff or a law enforcement agency within 24 hours of issuing an injunction?

All of the above Signup and view all the answers

What is the purpose of the court's written factual findings in its judgment or order?

To state why batterers' intervention programs would be inappropriate Signup and view all the answers

What is not a legally sufficient reason to deny a remedy to either party?

The fact that a separate order of protection is granted to each opposing party Signup and view all the answers

What is the purpose of the court's recording of proceedings?

To allow for review of the proceedings as provided by the Rules of Judicial Administration Signup and view all the answers

What is the responsibility of the clerk of the court regarding the transmission of the injunction to the sheriff or a law enforcement agency?

To furnish information on the respondent's physical description and location Signup and view all the answers

When the court orders a respondent to participate in a batterers' intervention program, what must the court provide to the respondent?

A list of batterers' intervention programs Signup and view all the answers

What is the court's primary consideration when determining whether a petitioner has reasonable cause to believe they are in imminent danger of becoming a victim of domestic violence?

The respondent's history of violence Signup and view all the answers

What is the purpose of the court's order regarding an animal owned by the petitioner or respondent?

To award the petitioner exclusive care of the animal Signup and view all the answers

What is the court's authority in determining relief for the protection of a victim of domestic violence?

The court can order such other relief as it deems necessary for the protection of the victim Signup and view all the answers

What is the effect of a temporary or final judgment on an injunction for protection against domestic violence?

The injunction is valid and enforceable in all counties of the State of Florida Signup and view all the answers

What is the purpose of the court's consideration of the history between the petitioner and the respondent?

To determine whether 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 court's authority in ordering relief for the protection of a victim of domestic violence?

The court can order such other relief as it deems necessary for the protection of the victim, including but not limited to injunctions or directives to law enforcement agencies Signup and view all the answers

What is the effect of the court's order regarding the respondent's contact with the petitioner's child?

The respondent's contact with the child is subject to the court's discretion Signup and view all the answers

What is the purpose of the court's consideration of the respondent's attempts to harm the petitioner's child?

To determine whether the respondent has threatened to conceal, kidnap, or harm the petitioner's child Signup and view all the answers

What is the purpose of the court's consideration of the respondent's use of weapons against the petitioner?

To determine whether the respondent has used, or has threatened to use, against the petitioner any weapons such as guns or knives Signup and view all the answers

What is the role of the clerk when a petitioner seeks assistance in preparing an affidavit in support of an injunction violation?

To direct the petitioner to the office operated by the court Signup and view all the answers

Who receives the affidavit in support of the injunction violation from the office assisting the petitioner?

The court or judge designated by the chief judge Signup and view all the answers

What happens if the affidavit alleges a crime has been committed?

The office assisting the petitioner forwards a copy of the affidavit to the appropriate law enforcement agency Signup and view all the answers

What is the time frame for the local law enforcement agency to complete their investigation and forward the report to the state attorney?

20 working days Signup and view all the answers

What is the role of the state attorney in relation to the alleged violation of an injunction?

To determine whether to prosecute the respondent Signup and view all the answers

What is the consequence of willfully violating an injunction for protection against domestic violence?

A misdemeanor of the first degree Signup and view all the answers

What is an example of a violation of an injunction for protection against domestic violence?

Committing an act of domestic violence against the petitioner Signup and view all the answers

What is the purpose of the policy adopted by the state attorney regarding intake of alleged violations of injunctions?

To supervise the intake of alleged violations Signup and view all the answers

What happens if the court has knowledge that the petitioner is in immediate danger?

The court immediately enforces the violation through criminal contempt Signup and view all the answers

What is the role of the prosecutor in relation to the alleged violation of an injunction?

To supervise the intake of alleged violations Signup and view all the answers

What type of information is exempt from s. 119.07(1) and s. 24(a), Art.I of the State Constitution?

Personal identifying information in records documenting an act of domestic violence Signup and view all the answers

What is required for a court to accord full faith and credit to a foreign injunction for protection?

The court had jurisdiction over the parties and the matter Signup and view all the answers

What is not required for enforcement of a foreign injunction for protection?

Residence in this state Signup and view all the answers

What is the purpose of the registration procedure for foreign orders of protection?

To make enforcement of foreign orders easier Signup and view all the answers

What must be sworn by affidavit before registering a foreign order of protection?

The order is valid and has not been superseded Signup and view all the answers

What is the effect of not registering a foreign order of protection?

It has no effect on the enforcement of the order Signup and view all the answers

What is the requirement for a protected person to register a foreign order of protection?

The protected person must present a certified copy of the foreign order Signup and view all the answers

What is the purpose of s. 741.315?

To provide full faith and credit to foreign injunctions for protection Signup and view all the answers

What is the effect of an ex parte foreign injunction for protection?

It is not eligible for enforcement unless notice and opportunity to be heard have been provided Signup and view all the answers

What is the requirement for a court of a foreign state to have jurisdiction?

The court must have jurisdiction over the parties and the matter Signup and view all the answers

What is the degree of felony committed by a person with two or more prior convictions for violation of an injunction or foreign protection order, who subsequently commits a violation of any injunction or foreign protection order against the same victim?

Felony of the third degree Signup and view all the answers

What is the purpose of the court ordering the respondent to attend a batterers’ intervention program?

To rehabilitate the respondent and prevent future violations Signup and view all the answers

What is included in the damages that can be awarded to a person who suffers an injury and/or loss as a result of a violation of an injunction for protection against domestic violence?

Economic damages, including costs and attorneys’ fees Signup and view all the answers

What is the definition of 'domestic violence' as used in s. 741.313?

Domestic violence, as defined in s. 741.28, or any crime the underlying factual basis of which has been found by a court to include an act of domestic violence Signup and view all the answers

What is the definition of an 'employee' as used in s. 741.313?

Has the same meaning as in s. 440.02(15) Signup and view all the answers

What is the purpose of the provision that prohibits an employer from taking certain actions against an employee who is a victim of domestic violence?

To protect the employee from further harm or retaliation Signup and view all the answers

What is the consequence of a willful violation of a domestic violence injunction?

All of the above Signup and view all the answers

What is the purpose of the court's written factual findings in its judgment or order when determining whether a batterers’ intervention program is appropriate?

To state why a batterers’ intervention program would be inappropriate Signup and view all the answers

What is the definition of 'sexual violence' in the given context?

Sexual violence, as defined in s. 784.046, or any crime the underlying factual basis of which has been found by a court to include an act of sexual violence Signup and view all the answers

How many working days of leave can an employee request and take in any 12-month period if they or a family or household member is a victim of domestic violence or sexual violence?

3 working days Signup and view all the answers

What is the purpose of an employee seeking leave under this section to obtain medical care or mental health counseling?

To address physical or psychological injuries resulting from the act of domestic violence or sexual violence Signup and view all the answers

What is the requirement for an employee seeking leave under this section to provide to their employer?

Appropriate advance notice of the leave as required by the employer's policy along with sufficient documentation of the act of domestic violence or sexual violence Signup and view all the answers

What is the requirement for an employee seeking leave under this section before receiving the leave?

Exhaust all annual or vacation leave, personal leave, and sick leave, if applicable Signup and view all the answers

What is the requirement for a private employer regarding the confidentiality of information relating to the employee's leave under this section?

Keep all information relating to the employee's leave under this section confidential Signup and view all the answers

What is the purpose of a sheriff assigning a case number to a foreign order of protection?

To provide a receipt to the protected person showing registration of the foreign order Signup and view all the answers

What is prohibited for an employer to do to an employee who exercises their rights under this section?

Interfere with, restrain, or deny the exercise of or any attempt by an employee to exercise any right Signup and view all the answers

What is the requirement for law enforcement officers to enforce a foreign order of protection?

The officer must verify service of process on the respondent Signup and view all the answers

What is the sole remedy for any person claiming to be aggrieved by a violation of this section?

To bring a civil suit for damages or equitable relief, or both, in circuit court Signup and view all the answers

What is the limitation on the employer's right to discipline or terminate an employee?

The employer's right to discipline or terminate an employee is not limited to exercising their rights under this section Signup and view all the answers

What happens if a foreign order of protection does not have an expiration date on its face?

The order remains in effect until it is revoked Signup and view all the answers

What is the consequence of intentionally providing a law enforcement officer with a copy of a false or invalid order of protection?

The person is guilty of a misdemeanor of the first degree Signup and view all the answers

What applies to an employer who employs 50 or more employees and to an employee who has been employed by the employer for 3 or more months?

This section applies Signup and view all the answers

Who is responsible for developing a special notation for foreign orders of protection?

The Florida Department of Law Enforcement Signup and view all the answers

What is the requirement for a law enforcement officer to verify service of process on the respondent?

The officer must use reasonable efforts to verify service of process Signup and view all the answers

What is the purpose of registering a foreign order of protection with the sheriff?

To enforce the order as if it were entered by a court of this state Signup and view all the answers

What is the consequence of a law enforcement officer failing to enforce a foreign order of protection?

The officer is immune from liability Signup and view all the answers

What is the requirement for a protected person to obtain enforcement of a foreign order of protection?

The protected person must present a certified or true copy of the protection order Signup and view all the answers

What is the purpose of a law enforcement officer reviewing the foreign order of protection?

To determine that the order has not expired Signup and view all the answers

What is the primary purpose of a domestic violence fatality review team?

To learn how to prevent domestic violence by intervening early and improving the response of individuals and systems Signup and view all the answers

Who may establish a domestic violence fatality review team?

Any person or organization with knowledge of domestic violence fatalities Signup and view all the answers

What is the limitation on the liability of members of a domestic violence fatality review team?

Members are not liable for damages or injuries unless they acted with malicious purpose Signup and view all the answers

What is the purpose of reviewing fatal and near-fatal incidents of domestic violence?

To learn how to prevent domestic violence by intervening early and improving the response of individuals and systems Signup and view all the answers

What information is protected from discovery or introduction into evidence in any civil or criminal action?

Information and records acquired by the review team, unless otherwise available from other sources Signup and view all the answers

Who can testify in any civil, criminal, administrative, or disciplinary proceedings as to matters within their knowledge?

Anyone who has knowledge of the matter Signup and view all the answers

What is the purpose of reviewing events leading up to a domestic violence incident?

To learn how to prevent domestic violence by intervening early and improving the response of individuals and systems Signup and view all the answers

Who can participate in a domestic violence fatality review team?

Representatives from various agencies or organizations, including law enforcement, the state attorney, and certified domestic violence centers Signup and view all the answers

What is the purpose of making policy and other recommendations to prevent domestic violence?

To improve the response of individuals and systems to domestic violence Signup and view all the answers

What is the scope of the functions of a domestic violence fatality review team?

Reviewing fatal and near-fatal incidents of domestic violence, and related matters Signup and view all the answers

What is the purpose of the certification and monitoring of batterers' intervention programs?

To ensure that perpetrators of domestic violence are held accountable Signup and view all the answers

What is the definition of 'address' in the context of domestic violence?

A residential street address, school address, or work address Signup and view all the answers

Who is eligible to apply for the address confidentiality program?

Any adult, parent, or guardian acting on behalf of a minor or incapacitated person Signup and view all the answers

What is the purpose of the legislative findings in section 741.401?

To enable state and local agencies to respond to requests for public records without disclosing the location of a victim of domestic violence Signup and view all the answers

What is the definition of 'domestic violence' in the context of these sections?

An act of violence committed against a person in a domestic situation Signup and view all the answers

What is the requirement for an applicant to be approved for the address confidentiality program?

The applicant must file an application in the manner and on the form prescribed by the Attorney General Signup and view all the answers

Which department is responsible for certifying and monitoring batterers' intervention programs?

Department of Children and Families Signup and view all the answers

What is the purpose of the Attorney General's role in the address confidentiality program?

To designate a mailing address for program participants Signup and view all the answers

What is the consequence of false reporting of domestic violence?

The victim may be denied access to the address confidentiality program Signup and view all the answers

What is the primary purpose of a batterers' intervention program?

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

What is the purpose of the Department of Children and Families' role in the certification and monitoring of batterers' intervention programs?

To certify and monitor batterers' intervention programs Signup and view all the answers

How long must a batterers' intervention program be?

At least 29 weeks Signup and view all the answers

What is the requirement for a program participant to be certified under the address confidentiality program?

The program participant must file an application in the manner and on the form prescribed by the Attorney General Signup and view all the answers

What is the purpose of exempting certain information from disclosure?

To protect the identity of victims and their children Signup and view all the answers

What is the minimum number of weekly sessions required for a batterers' intervention program?

24 weekly sessions Signup and view all the answers

What is the basis of the program content for a batterers' intervention program?

Cognitive behavioral therapy model or psychoeducational model Signup and view all the answers

Who is responsible for paying the costs of a batterers' intervention program?

The perpetrators of domestic violence Signup and view all the answers

What is the purpose of domestic violence fatality review teams?

To investigate domestic violence fatalities Signup and view all the answers

What is the consequence of a domestic violence fatality review team discussing confidential information?

The team is exempt from disclosing the information Signup and view all the answers

What is the purpose of the Legislature's finding about the incidence of domestic violence in the state?

To raise awareness about the severity of domestic violence Signup and view all the answers

Under what circumstances can the addresses of program participants in the Address Confidentiality Program for Victims of Domestic Violence be disclosed?

To a law enforcement agency for purposes of assisting in the execution of a valid arrest warrant Signup and view all the answers

What is the primary purpose of the Attorney General's program participant substitute address?

To protect the privacy of program participants Signup and view all the answers

Who is responsible for adopting rules to facilitate the administration of the Address Confidentiality Program for Victims of Domestic Violence?

The Office of the Attorney General Signup and view all the answers

What must an agency or entity provide to obtain a waiver from the Attorney General's substitute address?

All of the above Signup and view all the answers

What is the purpose of the exemption for victims of stalking or aggravated stalking?

To exempt the names, addresses, and telephone numbers of victims from public records Signup and view all the answers

What is required for a victim of stalking or aggravated stalking to claim the exemption?

The victim must file a sworn statement of stalking with the Office of the Attorney General Signup and view all the answers

What happens if the Attorney General denies an agency's or entity's waiver request?

The agency or entity can appeal the decision Signup and view all the answers

What is the purpose of the Office of the Attorney General's assistance to program applicants?

To assist with counseling and shelter services Signup and view all the answers

What information is exempt from public records under section 741.465?

The names, addresses, and telephone numbers of participants in the Address Confidentiality Program for Victims of Domestic Violence Signup and view all the answers

What is the purpose of the exemption for participants in the Address Confidentiality Program for Victims of Domestic Violence?

To protect the identities of participants from their abusers Signup and view all the answers

What is a benefit of using the Attorney General's designated address as a program participant's work address?

It is a more confidential address Signup and view all the answers

What is the effective date of the exemption for participants in the Address Confidentiality Program for Victims of Domestic Violence?

The effective date of the exemption is before, on, or after the effective date of the exemption Signup and view all the answers

What is the requirement for a program participant to receive vote-by-mail ballots?

They must automatically receive vote-by-mail ballots for all elections Signup and view all the answers

What information is not included in the list of registered voters available to the public?

All of the above Signup and view all the answers

What is the procedure for disclosing the information of participants in the Address Confidentiality Program for Victims of Domestic Violence?

The information is disclosed to a law enforcement agency for purposes of assisting in the execution of a valid arrest warrant Signup and view all the answers

What is the responsibility of the Attorney General when granting a waiver to an agency or entity?

All of the above Signup and view all the answers

What is the purpose of the Attorney General's review of an agency's or entity's waiver request?

To determine if the agency or entity has a legitimate reason for requesting the waiver Signup and view all the answers

What is the consequence of the Attorney General's denial of an agency's or entity's waiver request?

The agency or entity can appeal the decision Signup and view all the answers

What information must be included in an application for address confidentiality?

A designation of the Attorney General as agent for purposes of service of process and for the purpose of receipt of mail Signup and view all the answers

How long is the certification of a program participant valid?

4 years Signup and view all the answers

What is the penalty for falsely attesting in an application that disclosure of the applicant's address would endanger the applicant's safety or the safety of the applicant's children?

A misdemeanor of the second degree Signup and view all the answers

What happens if the program participant obtains a name change?

The program participant's certification is cancelled Signup and view all the answers

What is the purpose of the address designated by the Attorney General?

To allow state and local agencies to use the designated address Signup and view all the answers

What happens if mail forwarded by the Attorney General to the program participant's address is returned and is undeliverable?

The program participant's certification is cancelled Signup and view all the answers

What is the penalty for attempting to gain access to a program participant's actual address through fraud?

A felony of the third degree Signup and view all the answers

What is the penalty for knowingly entering the address confidentiality program to evade prosecution of criminal laws or civil liability?

A felony of the third degree Signup and view all the answers

How long must a program participant provide prior notice of a change of address to the Attorney General?

14 days Signup and view all the answers

What happens if the Attorney General determines that a program participant has applied using false information?

The program participant's certification is cancelled Signup and view all the answers

Study Notes

Marriage Licenses in Florida

A marriage license is issued by a county court judge or clerk of the circuit court under their hand and seal.
The application for a marriage license must include a statement on whether the parties have children born in Florida and identify them by name, date of birth, place of birth, and birth certificate number.

Fees for Marriage Licenses

The fee for a marriage license is $93.00.
An additional fee of $25 is collected and remitted to the Department of Revenue for deposit into the Domestic Violence Trust Fund.
An additional fee of $25 is collected and remitted to the Department of Revenue for deposit into the State Courts Revenue Trust Fund.
Couples who complete a premarital preparation course may have their marriage license fee reduced by $25.

Installment Payments for Marriage Licenses

Applicants who cannot afford the marriage license fee in a lump sum may make installment payments over 90 days.
The clerk shall accept installment payments with an affidavit stating the applicant's inability to pay the fee in a lump sum.
Upon receipt of the third or final installment payment, the marriage license application is deemed filed, and the clerk issues the marriage license.

Premarital Preparation Course

A premarital preparation course is a 4-hour course that covers topics such as conflict management, communication skills, financial responsibilities, and children and parenting responsibilities.
The course must be completed within 1 year prior to applying for a marriage license.
The course instructor must be a qualified instructor, such as a psychologist, clinical social worker, marriage and family therapist, or mental health counselor.
The course provider shall furnish each participant with a certificate of completion specifying the name of the participant and the date of completion.

Issuance of Marriage License

A county court judge or clerk of the circuit court may not issue a marriage license to anyone under 18 years old, unless the minor provides written consent of their parents or legal guardian.
The parties must file a written and signed affidavit providing their social security numbers or other identification numbers.
The affidavit must also state whether the parties have completed a premarital preparation course and read the handbook or other electronic media presentation on the rights and responsibilities of parties to a marriage.

Penalty for Violation

Any county court judge, clerk of the circuit court, or other person who violates the marriage license laws commits a misdemeanor of the first degree.

Authority to Solemnize Marriage

The following persons are authorized to solemnize marriage: regularly ordained ministers, elders in communion with some church, judicial officers, clerks of the circuit courts, and notaries public.
Quakers or Friends may solemnize marriage according to their rites and ceremonies.

Record of Marriage

The county court judge and clerk of the circuit court shall keep a correct record of all marriage licenses issued, with the names of the parties and the date of issuing.
The record shall also include the name of the person solemnizing the marriage and the date of marriage.

Proof of Marriage

When no certificate of marriage is available, the marriage may be proved by affidavit before any officer authorized to administer oaths, made by two competent witnesses who were present and saw the marriage ceremony performed.

Incestuous Marriages

A man may not marry his ancestor, descendant, brother, sister, uncle, aunt, niece, or nephew.
A woman may not marry her ancestor, descendant, brother, sister, uncle, aunt, niece, or nephew.### Marriages
Common-law marriages entered into after January 1, 1968, are not valid, except for those entered into in good faith and in substantial compliance with the chapter.
Marriages between persons of the same sex are not recognized for any purpose in Florida, and the state, its agencies, and its political subdivisions cannot give effect to any public act, record, or judicial proceeding respecting such marriages or relationships.

Husband and Wife

The common-law rule whereby a husband is liable for the torts of his wife is abolished.
The doctrine of interspousal tort immunity is abolished with regard to the intentional tort of battery, and the ability of a person to sue another person for the intentional tort of battery is not affected by any marital relationship between the persons.

Civil Action against Parents

Parents of a minor under the age of 18 living with them can be held liable for damages in an appropriate action at law if the minor maliciously or willfully destroys or steals property.
The recovery is limited to actual damages in addition to taxable court costs.

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.
Family or household members include spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married.
Law enforcement officers must meet minimum qualifications and be certified.

Court Orders

If a person is found guilty of, has adjudication withheld on, or pleads nolo contendere to a crime of domestic violence, the court must order the person to attend a batterers' intervention program as a condition of probation.
The court may not impose the condition if it determines that the program is inappropriate, but must state the reason on the record.
A person who does not qualify for the batterers' intervention program pursuant to s. 741.325 is exempt from the condition.

Minimum Term of Imprisonment

If a person is adjudicated guilty of a crime of domestic violence and intentionally causes bodily harm to another person, the court must order the person to serve a minimum of 10 days in the county jail for a first offense, 15 days for a second offense, and 20 days for a third or subsequent offense.
If the crime of domestic violence takes place in the presence of a child under 16 years of age who is a family or household member, the court must order the person to serve a minimum of 15 days in the county jail for a first offense, 20 days for a second offense, and 30 days for a third or subsequent offense.

Domestic Violence Cases

In Florida, law enforcement officers who investigate domestic violence incidents must assist the victim in getting medical treatment if necessary.
They must also inform the victim of their legal rights and remedies, including the right to request an injunction for protection.
The officer must provide a standard form developed by the department, which includes a summary of the legal rights and remedies.

Investigation and Reporting

The law enforcement officer must make a written report that is complete and indicates the alleged offense was domestic violence.
The report must include a description of physical injuries, grounds for not arresting anyone, and a statement that the legal rights and remedies notice was given to the victim.
The officer should also obtain a written statement from the victim and witnesses, and submit the report to the supervisor.

Prosecution of Domestic Violence Cases

Each state attorney must develop special units or assign prosecutors to specialize in domestic violence cases.
These prosecutors should receive training in domestic violence issues and adopt a pro-prosecution policy for acts of domestic violence.
The filing, nonfiling, or diversion of criminal charges, and the prosecution of violations of injunctions, shall be determined by these specialized prosecutors.

First Appearance

Prior to a defendant's first appearance, the State Attorney's Office should perform a thorough investigation of the defendant's history, including prior arrests, injunctions, and walk-in complaints.
This information should be presented at first appearance, when setting bond, and when passing sentence, for consideration by the court.

Injunctions for Protection

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 for protection.
The petition should be in substantially the same form as the one provided, and should include specific facts and circumstances upon which relief is sought.
The clerk of the court shall assist petitioners in seeking injunctions and provide simplified forms and instructions.

Enforcement

The court shall enforce, through a civil or criminal contempt proceeding, a violation of an injunction for protection against domestic violence.
The enforcement of the injunction shall be in accordance with the procedures outlined in the statute.

Public Records Exemption

Any information contained in the petition, including the address of the petitioner, shall be confidential and exempt from public disclosure.
The clerk of the court shall make available informational brochures on domestic violence and distribute a statewide uniform informational brochure to petitioners at the time of filing.### Injunctions for Protection Against Domestic Violence
A petitioner may file a petition for an injunction against domestic violence in the circuit court where they reside or where the respondent resides.
The petition must contain:
- The petitioner's name and address
- The respondent's name and address
- A statement of the facts that constitute the alleged domestic violence
- A statement of the relief sought by the petitioner
- A statement of any other proceedings or petitions related to the domestic violence

Requirements for the Petition

The petition must be sworn to and verified by the petitioner
The petition must be accompanied by a financial affidavit
The petition must be accompanied by a Uniform Child Custody Jurisdiction and Enforcement Act affidavit, if applicable
The petition must contain a statement in all capital letters and bold type, indicating that the petitioner has read and understands the petition and that the statements made are true and correct

Temporary Injunction

The court may grant a temporary injunction ex parte, pending a full hearing, if it appears that an immediate and present danger of domestic violence exists
The temporary injunction may:
- Restrain the respondent from committing any acts of domestic violence
- Award the petitioner temporary exclusive use and possession of the dwelling that the parties share
- Provide a temporary parenting plan, including a time-sharing schedule
- Award temporary support for the minor child or children or the petitioner

Full Hearing

A full hearing must be set no later than the date when the temporary injunction ceases to be effective
The court may grant a continuance of the hearing for good cause shown by any party
At the full hearing, the court may grant relief as it deems proper, including:
- Restraining the respondent from committing any acts of domestic violence
- Awarding the petitioner exclusive use and possession of the dwelling that the parties share
- Providing a temporary parenting plan, including a time-sharing schedule
- Establishing temporary support for the minor child or children or the petitioner

Relief

The court may grant relief as it deems proper, including:
- Restraining the respondent from committing any acts of domestic violence
- Awarding the petitioner exclusive use and possession of the dwelling that the parties share
- Providing a temporary parenting plan, including a time-sharing schedule
- Establishing temporary support for the minor child or children or the petitioner
- Ordering the respondent to participate in treatment, intervention, or counseling services
- Referring a petitioner to a certified domestic violence center
- Awarding the petitioner the exclusive care, possession, or control of an animal
- Ordering such other relief as the court deems necessary for the protection of a victim of domestic violence

Factors to Consider

In determining whether a petitioner has reasonable cause to believe they are in imminent danger of becoming a victim of domestic violence, the court shall consider and evaluate all relevant factors, including:
- The history between the petitioner and the respondent
- Whether the respondent has attempted to harm the petitioner or family members
- Whether the respondent has threatened to conceal, kidnap, or harm the petitioner's child or children
- Whether the respondent has intentionally injured or killed a family pet
- Whether the respondent has used, or has threatened to use, against the petitioner any weapons
- Whether the respondent has physically restrained the petitioner from leaving the home or calling law enforcement
- Whether the respondent has a criminal history involving violence or the threat of violence
- The existence of a verifiable order of protection issued previously or from another jurisdiction
- Whether the respondent has destroyed personal property
- Whether the respondent has engaged in any other behavior or conduct that leads the petitioner to have reasonable cause to believe they are in imminent danger of becoming a victim of domestic violence

Terms of the Injunction

The terms of an injunction restraining the respondent shall remain in effect until modified or dissolved
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

Enforcement

A temporary or final judgment on an injunction for protection against domestic violence may be served by a law enforcement officer
The clerk of the court shall electronically transmit a copy of the petition, financial affidavit, Uniform Child Custody Jurisdiction and Enforcement Act affidavit, if any, notice of hearing, and temporary injunction, if any, to the sheriff or a law enforcement agency of the county where the respondent resides or can be found
The sheriff or law enforcement agency shall serve the respondent as soon as possible
The clerk of the court is responsible for furnishing to the sheriff such information on the respondent's physical description and location as is required by the department to comply with the verification procedures### Injunction for Protection Against Domestic Violence
A notification must include the date, time, and location where the injunction for protection against domestic violence was served.
The notification must be served within 24 hours after the injunction is issued.

Automated Process

The Florida Association of Court Clerks and Comptrollers may apply for grants to fund the development of an automated process.

Notification of Injunction Vacancy

Within 24 hours after an injunction for protection against domestic violence is vacated, terminated, or rendered no longer effective, the clerk of the court must notify the sheriff.
The sheriff must notify the department of the action within 24 hours after receiving the notification from the clerk.

Enforcing the Injunction

The court may enforce a violation of an injunction for protection against domestic violence through a civil or criminal contempt proceeding.
The state attorney may prosecute it as a criminal violation under s. 741.31.
The court may enforce the respondent's compliance with the injunction through civil and criminal remedies, including a monetary assessment or a fine.

Modification or Dissolution of Injunction

The petitioner or the respondent may move the court to modify or dissolve an injunction at any time.

Violation of Injunction

In the event of a violation of the injunction, the petitioner may contact the clerk of the circuit court.
The clerk shall assist the petitioner in preparing an affidavit in support of the violation.
The affidavit shall be forwarded to the state attorney and the court.

Investigation and Prosecution

The local law enforcement agency shall complete their investigation and forward the report to the state attorney within 20 days.
The state attorney shall determine within 30 working days whether to file criminal charges, prepare a motion for an order to show cause, or prepare both as alternative findings.

Penalties for Violation

A person who willfully violates an injunction for protection against domestic violence commits a misdemeanor of the first degree.
Violations include refusing to vacate the dwelling, going to or being within 500 feet of the petitioner's residence, committing an act of domestic violence, and others.

Domestic Violence Laws in Florida

Felony Charges for Repeat Offenders: A person who has two or more prior convictions for violating an injunction or foreign protection order, and who subsequently commits a violation of any injunction or foreign protection order against the same victim, commits a felony of the third degree.
Batterers' Intervention Programs: The court shall order the respondent to attend a batterers' intervention program if it finds a willful violation of a domestic violence injunction, unless the court makes written factual findings in its judgment or order stating why a batterers' intervention program would be inappropriate.

Employee Protection from Domestic Violence

Leave for Domestic Violence Victims: An employer shall permit an employee to request and take up to 3 working days of leave from work in any 12-month period if the employee or a family or household member of an employee is the victim of domestic violence or sexual violence.
Reasons for Leave: The leave may be used to seek an injunction for protection, obtain medical care or mental health counseling, obtain services from a victim services organization, make the employee's home secure, or seek legal assistance.
Applicability: This section applies to an employer who employs 50 or more employees and to an employee who has been employed by the employer for 3 or more months.

Recognition of Foreign Protection Orders

Definition of Foreign State: A foreign state means a state of the United States, other than Florida, the District of Columbia, an Indian tribe, or a commonwealth, territory, or possession of the United States.
Enforcement of Foreign Orders: 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.

Domestic Violence Fatality Review Teams

Definition: A domestic violence fatality review team is an organization that includes representatives from law enforcement agencies, state attorneys, medical examiners, certified domestic violence centers, and other organizations.
Purpose: The purpose of the team is to review fatal and near-fatal incidents of domestic violence, related domestic violence matters, and suicides, and to make policy and other recommendations as to how incidents of domestic violence may be prevented.
Immunity: Members of a domestic violence fatality review team are immune from liability for any act or proceeding undertaken or performed within the scope of the functions of the team, unless such person acted in bad faith, with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety, or property.

Confidentiality of Information

Exemption from Disclosure: Any information that is confidential or exempt from public disclosure and that is obtained by a domestic violence fatality review team conducting activities as described in s. 741.316 shall retain its confidential or exempt status when held by a domestic violence fatality review team.
Confidentiality of Victim Information: Portions of meetings of any domestic violence fatality review team regarding domestic violence fatalities and their prevention, during which confidential or exempt information, the identity of the victim, or the identity of the children of the victim is discussed, are exempt from public disclosure.### Batterers' Intervention Programs
The Department of Children and Families certifies and monitors batterers' intervention programs used by the justice system.
The primary purpose of these programs is victim safety and the safety of children, if present.
The programs must be at least 29 weeks in length and include 24 weekly sessions, plus intake, assessment, and orientation programming.
The program content must be based on a cognitive behavioral therapy model or psychoeducational model that addresses tactics of power and control.
The programs are funded by user fees paid by the batterers, which allows them to take responsibility for their acts of violence.

Address Confidentiality Program for Victims of Domestic Violence

The program enables state and local agencies to respond to requests for public records without disclosing the location of a victim of domestic violence.
The program helps victims of domestic violence keep their addresses confidential by allowing them to use a substitute address designated by the Attorney General.
To be certified, applicants must provide a sworn statement that they are victims of domestic violence and fear for their safety or the safety of their children.
The Attorney General certifies program participants for 4 years, and participants can renew their certification.
Any person who attempts to gain access to a program participant's actual address through fraud commits a felony of the third degree.

Agency Use of Designated Address

Program participants can request that state and local agencies use the address designated by the Attorney General as their substitute address.
Agencies must accept the substitute address, unless they have a bona fide statutory or administrative requirement for the use of the actual address.
If an agency requests a waiver, the Attorney General evaluates the request and may grant or deny the waiver based on the agency's need for the actual address.

Voting by Program Participants

Program participants can request a vote-by-mail ballot and receive vote-by-mail ballots for all elections in the jurisdictions where they reside.
The supervisor of elections transmits the vote-by-mail ballot to the program participant at the address designated by the Attorney General.

Public Records Exemptions

The addresses, telephone numbers, and social security numbers of program participants are exempt from public records requests.
The names, addresses, and telephone numbers of participants in the Address Confidentiality Program for Victims of Domestic Violence contained in voter registration and voting records are also exempt from public records requests.
The exemptions apply to information made exempt before, on, or after the effective date of the exemption.

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Learn about the process of issuing marriage licenses, including the role of county court judges and clerks of the circuit court.

Marriage License Issuance FSS 741

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Questions and Answers

What is the benefit of completing a premarital preparation course?

Who is responsible for paying the costs of the premarital preparation course?

What information must be specified on the certificate of completion?

Who reviews the material in the family law handbook for accuracy?

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

Who may establish a roster of area course providers?

What is made available to applicants upon request from the clerk of the circuit court?

Who is qualified to provide a premarital preparation course?

What is the purpose of the family law handbook?

Where can applicants obtain a copy of the family law handbook?

Who is responsible for issuing a marriage license in the state?

What is the purpose of the Domestic Violence Trust Fund established by the Executive Office of the Governor?

What information must be included in the application for a marriage license?

What is the amount of the fee collected by the clerk of the circuit court for receiving the application for a marriage license?

What happens to the funds generated from the increase in the marriage license fee?

What is the amount of the increase in the fee for each marriage license issued in the state?

What is the purpose of the information collected about any children in common?

What is the category under which the funds generated from the increase in the marriage license fee are appropriated to the Department of Children and Families?

What is the main purpose of a handbook or electronic media presentation in a marital relationship?

What is the minimum age requirement for obtaining a marriage license without parental consent?

What is the purpose of submitting social security numbers when applying for a marriage license?

What is a requirement for a 17-year-old to obtain a marriage license?

What is a consequence of false reporting of domestic violence?

What is included in the determination of a parenting plan?

What is the purpose of the Battered Women's Bill of Rights?

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

What is the age difference requirement for a 17-year-old to obtain a marriage license?

What is an alternative to providing a social security number for non-citizens of the United States?

What is the maximum amount the Executive Office of the Governor can spend each year for a statewide public-awareness campaign regarding domestic violence?

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

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

What is the maximum number of installments allowed for payment of the fees required under s. 741.01?

What is the processing fee retained by the clerk when the marriage license fee is paid in installments?

What is the additional fee collected by the county court judge or clerk of the circuit court for each application for a marriage license?

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

What is the purpose of the Domestic Violence Trust Fund?

Who is responsible for distributing the fees for marriage licenses?

What is illegal for a county court judge or clerk of the circuit court to do?

What is required for a county court judge or clerk of the circuit court to issue a marriage license?

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

Who is exempt from the delayed effective date requirement for a marriage license?

For how long is a marriage license valid after issuance?

What is the penalty for violating s. 741.03 or s. 741.04(2)?

Who can solemnize the rights of matrimonial contract?

What is the purpose of the written statement required for a marriage license?

Can a county court judge or clerk of the circuit court issue a marriage license to individuals who are not citizens of the United States?

What happens to the effective date of a marriage license if a couple submits valid certificates of completion of a premarital preparation course?

Why is a marriage license fee waiver available?

What is not recognized for any purpose in the State of Florida?

What is abrogated according to Florida Statute 741.23?

What type of tort is exempted from the doctrine of interspousal tort immunity?

Who can recover damages in an appropriate action at law according to Florida Statute 741.24?

What is included in the definition of 'domestic violence'?

Who is considered a 'family or household member'?

What is the limitation on recovery of damages according to Florida Statute 741.24?

What department is referenced in Florida Statute 741.28?

What is the age limit for minors who can cause damage or theft of property according to Florida Statute 741.24?

What is not mentioned as an example of domestic violence in Florida Statute 741.28?

What is the exceptions to the validity of marriage in the Quakers Society?

Who is required to obtain a marriage license before solemnizing a marriage?

What must a person solemnizing a marriage do within 10 days after the marriage?

What is the purpose of the record of marriage licenses and certificates?

What can be used to prove a marriage when no certificate is available?

What is the relationship that a man is prohibited from marrying?

What is the effect of a common-law marriage entered into after January 1, 1968?

Who is responsible for keeping a record of all marriage licenses issued?

What is the purpose of a marriage license?

What is the effect of a marriage that was entered into in good faith and in substantial compliance with the law?

What is the minimum term of probation that a person found guilty of domestic violence must be ordered to?

What is the minimum term of imprisonment for a first offense of domestic violence that results in bodily harm?

Who is considered a law enforcement officer?

What is the purpose of ordering a defendant to attend a batterers' intervention program?

What is the minimum term of imprisonment for a second offense of domestic violence that results in bodily harm?

What is the additional requirement for sentencing if the domestic violence takes place in the presence of a child under 16 years of age?

What is the condition of probation that a court must impose for a defendant under s. 741.281?

What is the exception to the requirement of imposing a minimum term of imprisonment for domestic violence?