SB 130 — Domestic Violence

Distinguishing marks or scars........

(e) Aliases of respondent:..................................

(f) Respondent is the spouse or former spouse of the petitioner or is any other person related by blood or marriage to the petitioner or is any other person who is or was residing within a single dwelling unit with the petitioner, as if a family, or is a person with whom the petitioner has a child in common, regardless of whether the petitioner and respondent are or were married or residing together, as if a family.

(g) The following describes any other cause of action currently pending between the petitioner and respondent:.........

.................................................................

The petitioner should also describe any previous or pending Page 7 of 12 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2023 CS for CS for SB 130 595-02632-23 2023130c2 attempts by the petitioner to obtain an injunction for protection against domestic violence in this or any other circuit, and the results of that attempt:........................

.................................................................

Case numbers should be included if available.

(h) Petitioner is either a victim of domestic violence or has reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence because respondent has:

...(mark all sections that apply and describe in the spaces below the incidents of violence or threats of violence, specifying when and where they occurred, including, but not limited to, locations such as a home, school, place of employment, or visitation exchange)...

............................................................

............................................................

....committed or threatened to commit domestic violence defined in s.

741.28, Florida Statutes, 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.

With the exception of persons who are parents of a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.

....previously threatened, harassed, stalked, or physically abused the petitioner.

....attempted to harm the petitioner or family members or individuals closely associated with the petitioner.

Page 8 of 12 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2023 CS for CS for SB 130 595-02632-23 2023130c2 ....threatened to conceal, kidnap, or harm the petitioner’s child or children.

....intentionally injured or killed a family pet.

....used, or has threatened to use, against the petitioner any weapons such as guns or knives.

....physically restrained the petitioner from leaving the home or calling law enforcement.

....a criminal history involving violence or the threat of violence (if known).

....another order of protection issued against him or her previously or from another jurisdiction (if known).

....destroyed personal property, including, but not limited to, telephones or other communication equipment, clothing, or other items belonging to the petitioner.

....engaged in a pattern of abusive, threatening, intimidating, or controlling behavior composed of a series of acts over a period of time, however short.

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

(i) Petitioner alleges the following additional specific facts:

...(mark appropriate sections)...

....A minor child or minor children reside with the petitioner whose names and ages are as follows:

....Petitioner needs the exclusive use and possession of the dwelling that the parties share.

....Petitioner is unable to obtain safe alternative housing because:

Page 9 of 12 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2023 CS for CS for SB 130 595-02632-23 2023130c2 ....Petitioner genuinely fears that respondent imminently will abuse, remove, or hide the minor child or children from petitioner because:

(j) Petitioner genuinely fears imminent domestic violence by respondent.

(k) Petitioner seeks an injunction:

...(mark appropriate section or sections)...

....Immediately restraining the respondent from committing any acts of domestic violence.

....Restraining the respondent from committing any acts of domestic violence.

....Awarding to the petitioner the temporary exclusive use and possession of the dwelling that the parties share or excluding the respondent from the residence of the petitioner.

....Providing a temporary parenting plan, including a temporary time-sharing schedule, with regard to the minor child or children of the parties which might involve prohibiting or limiting time-sharing or requiring that it be supervised by a third party.

....Establishing temporary support for the minor child or children or the petitioner.

....Directing the respondent to participate in a batterers’ intervention program.

....Providing any terms the court deems necessary for the protection of a victim of domestic violence, or any minor children of the victim, including any injunctions or directives to law enforcement agencies.

Page 10 of 12 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2023 CS for CS for SB 130 595-02632-23 2023130c2 (6) (b) In determining whether a petitioner has reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence, the court shall consider and evaluate all relevant factors alleged in the petition, including, but not limited to:

4.Page 6 of 8 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2023 CS for SB 130 590-02347-23 2023130c1 4.

Whether the respondent has or had engaged in a pattern of abusive, threatening, intimidating, or controlling behavior Pagecomposed 11of a series of 12acts CODING:over a period of time, however short, which evidences a continuity of purpose and which reasonably causes the petitioner to believe that the petitioner or his or her minor child or children are in imminent danger of becoming victims of any act of domestic violence.

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2023 CS for CS for SB 130 595-02632-23 2023130c2 composed of a series of acts over a period of time, however short, which evidences a continuity of purpose and which reasonably causes the petitioner to believe that the petitioner or his or her minor child or children are in imminent danger of becoming victims of any act of domestic violence.

SectionPage 4.7 of 8 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2023 CS for SB 130 590-02347-23 2023130c1 Section 4.

Page 128 of 128 CODING: