HB 241 — Domestic Violence Injunctions

F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 241 2020 A bill to be entitled An act relating to domestic violence injunctions;

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193.461,193.461. or to a service animal, as defined under s.

413.08, if the respondent is the service animal's handler.

741.28 or has reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence, the court may grant such relief as the court Page 2 of 8 CODING:

hb0241-02-c2hb0241-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 241 2020 domestic violence, the court may grant such relief as the court deems proper, including an injunction:

When the court orders the respondent to participate in a batterers' intervention program, the court, or any entity designated by the court, must provide the respondent with a list Page 3 of 8 CODING:

hb0241-02-c2hb0241-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 241 2020 designated by the court, must provide the respondent with a list of batterers' intervention programs from which the respondent must choose a program in which to participate.

193.461,193.461. or to a service animal, as defined under s.

413.08, if the respondent is the service animal's handler.

(b) In determining whether a petitioner has reasonable cause to believe he or she is in imminent danger of becoming a Pagevictim 4 of 8domestic CODING:violence, the court shall consider and evaluate all relevant factors alleged in the petition, including, but not limited to:

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hb0241-02-c2hb0241-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 241 2020 victim1. of domestic violence, the court shall consider and evaluate all relevant factors alleged in the petition, including, but not limited to:

1.

Whether the respondent engaged in any other behavior Pageor 5conduct that leads the petitioner to have reasonable cause to believe that he or she is in imminent danger of 8becoming CODING:a victim of domestic violence.

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hb0241-02-c2hb0241-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 241 2020 orIn conductmaking thatits leadsdetermination theunder petitionerthis toparagraph, havethe reasonablecourt causeis tonot believelimited thatto hethose orfactors sheenumerated is in imminentsubparagraphs danger1.-10. of becoming a victim of domestic violence.

In making its determination under this paragraph, the court is not limited to those factors enumerated in subparagraphs 1.-10.

The court had jurisdiction over the parties and matter under the laws of Florida and that reasonable notice and opportunity to be heard was given to the person against whom the order is sought sufficient to protect that person's right to due Pageprocess. 6 of 8 CODING:

Words stricken are deletions;

words underlined are additions.

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(e)Page An6 injunction for protection against domestic violence entered under pursuant to this section, on its face, may order that the respondent attend a batterers' intervention program as a condition of the8 injunction.CODING:

Words stricken are deletions;

words underlined are additions.

hb0241-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 241 2020 (e) An injunction for protection against domestic violence entered under pursuant to this section, on its face, may order that the respondent attend a batterers' intervention program as a condition of the injunction.

(g) A final judgment on injunction for protection against Pagedomestic 7violence ofentered 8under CODING:pursuant to this section must, on its face, indicate that it is a violation of s.

790.233, and a first degree misdemeanor, for the respondent to have in his or Page 7 of 8 CODING:

hb0241-02-c2hb0241-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 241 2020 domesticher violencecare, enteredcustody, underpossession, pursuantor tocontrol thisany sectionfirearm must,or onammunition. its face, indicate that it is a violation of s.

790.233, and a first degree misdemeanor, for the respondent to have in his or her care, custody, possession, or control any firearm or ammunition.

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