Domestic Violence FSS 741 Josh Quiz
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Domestic Violence FSS 741 Josh Quiz

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@jkhender

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Questions and Answers

What chapter of FSS covers domestic relations?

  • Chapter 741 (correct)
  • Chapter 742
  • Chapter 750
  • Chapter 760

    • The county court judge or clerk of the circuit court shall collect and receive a fee of __ for receiving the application for the issuance of a marriage license?

  • $2 (correct)
  • $5
  • $10
  • $20

    • The fee charged for each marriage license issued in the state shall be increased by the sum of?

  • $25 (correct)
  • $10
  • $15
  • $20

    • An additional fee of ___ shall be paid to the clerk upon receipt of the application for issuance of a marriage license.

    <p>$25</p> Signup and view all the answers

    The fee charged for each marriage license issued in the state shall be _____ by a sum of $25 for all couples who present valid certificates of completion of a premarital preparation course from a qualified course provider registered for a course taken no more than 1 year prior to the date of application for a marriage.

    <p>reduced</p> Signup and view all the answers

    An applicant for a marriage license who is unable to pay the fees required in a lump sum may make payment in not more than three installments over a period of 90 days true or false?

    <p>True</p> Signup and view all the answers

    A man and a woman who intend to apply for a marriage license under s. 741.04 may, together or separately, complete a premarital preparation course of not less than ____ hours to have their marriage license fees reduced by what amount?

    <p>4 and $32.50</p> Signup and view all the answers

    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:

    <p>The person is at least 17 years of age and provides the written consent of his or her parents or legal guardian and the older party to the marriage is not more than 2 years older than the younger party to the marriage</p> Signup and view all the answers

    A county court judge or clerk of the circuit court may not issue a license to marry until the parties to the marriage file with the county court judge or clerk of the court a written and signed affidavit, made and subscribed before a person authorized by law to administer an oath, which provides?

    <p>The social security number or any other available identification number for each person</p> Signup and view all the answers

    Marriage licenses shall be valid only for a period of?

    <p>60 days</p> Signup and view all the answers

    What is the status of marriages between persons of the same sex entered into in any jurisdiction, whether within or outside the State of Florida?

    <p>Are not recognized for any purpose in this state</p> Signup and view all the answers

    If a person is found guilty of, has adjudication withheld on, or pleads nolo contendere to a crime of domestic violence, what shall the court order the person to do?

    <p>A minimum term of 1 year's probation and defendant attend and complete a batterers' intervention program</p> Signup and view all the answers

    If a person is adjudicated guilty of a crime of domestic violence and has intentionally caused bodily harm to another person, the court shall order the person to serve a minimum of ___ days in county jail for a first offense, ___ days for a second offense, and ___ days for a third or subsequent offense.

    <p>10, 15, 20</p> Signup and view all the answers

    If a person is adjudicated guilty of a crime of domestic violence, as defined in s. 741.28, and has intentionally caused bodily harm to another person in the presence of a child under 16 years of age, what are the minimum days to serve in county jail for a first, second, and third or subsequent offense?

    <p>15, 20, 30</p> Signup and view all the answers

    Any law enforcement officer who investigates an alleged incident of domestic violence shall advise the victim of such violence that there is a domestic violence center from which the victim may receive services. The law enforcement officer shall give the victim?

    <p>Notice of the legal rights and remedies available on a standard form developed and distributed by the department</p> Signup and view all the answers

    When a law enforcement officer investigates an allegation that an incident of domestic violence has occurred, whether or not an arrest is made, what shall the officer do?

    <p>Make a written police report</p> Signup and view all the answers

    When a law enforcement officer investigates an allegation that an incident of domestic violence has occurred, the officer shall Whether or not an arrest is made a written police report that is complete and clearly indicates the alleged offense was an incident of domestic violence. the report must include?

    <p>All the above</p> Signup and view all the answers

    Arrest in a domestic violence incident is the preferred response only with respect to which of the following?

    <p>Primary aggressor</p> Signup and view all the answers

    Can a law enforcement officer be held liable, in any civil action, for an arrest based on probable cause, enforcement in good faith of a court order, or service of process in good faith under this chapter arising from an alleged incident of domestic violence brought by any party to the incident?

    <p>No</p> Signup and view all the answers

    Notwithstanding any other law, the assessment of a filing fee for a petition for protection against domestic violence is prohibited. However, subject to legislative appropriation, the clerk of the circuit court may, on a quarterly basis, 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, at the rate of _____ per petition.

    <p>$40</p> Signup and view all the answers

    Can the petitioner be awarded the temporary exclusive care, possession, or control of an animal that is owned between the petitioner and respondent?

    <p>Yes</p> Signup and view all the answers

    An ex parte temporary injunction shall be effective for a fixed period not to exceed ____?

    <p>15 days</p> Signup and view all the answers

    The terms of an injunction restraining the respondent or ordering other relief for the protection of the victim shall remain in effect until?

    <p>until modified or dissolved</p> Signup and view all the answers

    In terms of a Domestic Violence Injunction (DVI), who may move at any time to modify or dissolve the injunction?

    <p>Either party</p> Signup and view all the answers

    Within ____ after the court issues an injunction for protection against domestic violence, the clerk of the court shall electronically transmit a copy of the petition o the sheriff or a law enforcement agency of the county where the respondent resides or can be found, who shall serve it upon the respondent as soon thereafter as possible on any day of the week and at any time of the day or night

    <p>24 Hours</p> Signup and view all the answers

    Within ____ after the court issues an injunction for protection against domestic violence or changes, continues, extends, or vacates an injunction for protection against domestic violence, the clerk of the court must electronically transmit a certified copy of the injunction for service to the sheriff with jurisdiction over the residence of the petitioner.

    <p>24 Hours</p> Signup and view all the answers

    A person who willfully violates an injunction for protection against domestic violence issued pursuant to s. 741.30, or a foreign protection order by

    <p>All the above</p> Signup and view all the answers

    A person who willfully violates an injunction for protection against domestic violence commits what type of offense?

    <p>Misdemeanor of the first degree</p> Signup and view all the answers

    A person who has two or more prior convictions for violation of an injunction, and who subsequently commits a violation of any injunction against the same victim commits?

    <p>felony of the third degree</p> Signup and view all the answers

    For purposes of violation of an injunction, the term 'conviction' means a determination of guilt which is the result of a plea or a trial, regardless of?

    <p>Whether adjudication is withheld or a plea of nolo contendere is entered</p> Signup and view all the answers

    An employer shall permit an employee to request and take up to ___ working days of leave from work in any ___ month period if the employee or a family or household member of an employee is the victim of domestic violence or sexual violence. This leave may be with or without pay, at the discretion of the employer.

    <p>3 days, 12 months</p> Signup and view all the answers

    The three working days applies if the employee use the leave for ?

    <p>All the above</p> Signup and view all the answers

    In reference to the 3 workday rule, the employer must employ __ or more employees and the employee must be employed for __ or more months?

    <p>50 or more employees and employed 3 or more months</p> Signup and view all the answers

    A batterers' intervention program shall be at least __ weeks in length and include __ weekly sessions.

    <p>29 weeks and 24 sessions</p> Signup and view all the answers

    Study Notes

    Domestic Relations in Florida Statute

    • Chapter on Domestic Relations: The specific chapter of Florida Statutes covering domestic relations is Chapter 741.
    • Marriage License Application Fee: The county court judge or clerk of the circuit court collects a fee of $30 for receiving the application for a marriage license.
    • Increase in Marriage License Fee: The marriage license fee is increased by the sum of $10.
    • Additional Fee upon Application: An additional fee of $5 must be paid to the clerk at the time of application for a marriage license.
    • Premarital Course Discount: The marriage license fee is reduced by $25 for couples presenting valid certificates of completion of a premarital preparation course taken within one year prior to application.
    • Payment Options: True, applicants unable to pay the marriage license fees in a lump sum may pay in up to three installments over 90 days.
    • Premarital Preparation Course Hours: A man and a woman may complete a premarital preparation course of at least 4 hours for fee reduction.
    • Minimum Age Requirement: A marriage license cannot be issued to persons under 18 years of age unless specific conditions are met.
    • Affidavit Requirement: Parties must file a signed affidavit before the county court judge or clerk of the court to obtain a marriage license.
    • License Validity: Marriage licenses are valid for 60 days from the issuance date.
    • Same-Sex Marriages: Marriages between persons of the same sex, lawful in any jurisdiction, are recognized in Florida.

    Domestic Violence Legislation

    • Court Orders for Domestic Violence: If found guilty of domestic violence, the court orders the individual to complete a treatment program.
    • Jail Sentences for Domestic Violence: A minimum of 5 days in county jail is mandated for a first offense, 10 days for a second, and 15 days for a third or subsequent offense.
    • Domestic Violence with Child Involvement: Minimum jail sentences for domestic violence in the presence of a child are 10 days for a first offense, 15 for a second, and 20 for a third or subsequent offense.
    • Victim Notification: Victims of domestic violence must be informed about available services from domestic violence centers by law enforcement officers.
    • Police Report Requirement: Officers must submit a written report after investigating a domestic violence allegation, regardless of arrest status.
    • Preferred Response for Arrests: Arrest is the preferred response for incidents involving domestic violence where probable cause exists.
    • Civil Liability for Officers: Law enforcement officers are not liable in civil actions for arrests made in good faith under probable cause related to domestic violence incidents.

    Protection Against Domestic Violence

    • Filing Fee for Domestic Violence Petition: No filing fee is required for petitions; however, clerks can request reimbursement for processing fees at a rate of $500 per petition.
    • Custody of Shared Animals: Petitioners can be awarded temporary exclusive care and possession of shared animals.
    • Duration of Ex Parte Injunctions: An ex parte temporary injunction is effective for a fixed period not exceeding 15 days.
    • Injunction Modification: Both parties may request modifications of the injunction at any time.
    • Transmission of Court Orders: Court injunctions must be transmitted electronically to law enforcement within 24 hours of issue.
    • Violations of Injunctions: Willfully violating an injunction is classified as a first-degree misdemeanor.
    • Repeat Offense Classification: Subsequent violations of the same injunction after two prior convictions elevate the offense seriousness.

    Employment Rights for Domestic Violence Victims

    • Leave for Domestic Violence Victims: Employees may take up to 3 working days of leave within any 12-month period if they, or a family member, are victims of domestic violence or sexual violence.
    • Employer Size for Leave Eligibility: The employer must have 50 or more employees, and the employee must have been employed for at least three months.
    • Batterers' Intervention Program: Programs must last a minimum of 26 weeks and include 2 sessions weekly.

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