THE BILL ITSELF
CS/HB 485
Petitions for Injunction for Protection Against Domestic Violence Containing Allegations of Marriage Fraud
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A bill to be entitled
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An act relating to petitions for injunction for
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protection against domestic violence containing
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allegations of marriage fraud; amending s. 741.30,
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F.S.; revising a petition for injunction for
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protection against domestic violence; requiring the
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clerk of court to electronically transmit certain
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documentation to the State Board of Immigration
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Enforcement within a specified time period under
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certain circumstances; requiring a representative of
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the State Board of Immigration Enforcement to initiate
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contact with a petitioner within a specified time
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period; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Paragraph (b) of subsection (3) of section
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741.30, Florida Statutes, is amended, and paragraph (e) is added
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to subsection (8) of that section, to read:
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741.30 Domestic violence; injunction; powers and duties of
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court and clerk; petition; notice and hearing; temporary
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injunction; issuance of injunction; statewide verification
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system; enforcement; public records exemption.—
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(3)
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(b) The verified petition shall be in substantially the
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following form:
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PETITION FOR
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INJUNCTION FOR PROTECTION
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AGAINST DOMESTIC VIOLENCE
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The undersigned petitioner ...(name)... declares under penalties
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of perjury that the following statements are true:
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(a) Petitioner resides at: ...(address)...
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(Petitioner may furnish address to the court in a separate
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confidential filing if, for safety reasons, the petitioner
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requires the location of the current residence to be
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confidential.)
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(b) Respondent resides at: ...(last known address)...
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(c) Respondent's last known place of employment: ...(name
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of business and address)...
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(d) Physical description of respondent:....................
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Race........
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Sex........
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Date of birth........
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Height........
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Weight........
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Eye color........
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Hair color........
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Distinguishing marks or scars........
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(e) Aliases of respondent:.................................
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(f) Respondent is the spouse or former spouse of the
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petitioner or is any other person related by blood or marriage
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to the petitioner or is any other person who is or was residing
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within a single dwelling unit with the petitioner, as if a
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family, or is a person with whom the petitioner has a child in
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common, regardless of whether the petitioner and respondent are
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or were married or residing together, as if a family.
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(g) The following describes any other cause of action
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currently pending between the petitioner and respondent:.........
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The petitioner should also describe any previous or pending
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attempts by the petitioner to obtain an injunction for
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protection against domestic violence in this or any other
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circuit, and the results of that attempt:........................
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Case numbers should be included if available.
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(h) Petitioner is either a victim of domestic violence or
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has reasonable cause to believe he or she is in imminent danger
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of becoming a victim of domestic violence because respondent
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has: ...(mark all sections that apply and describe in the spaces
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below the incidents of violence or threats of violence,
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specifying when and where they occurred, including, but not
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limited to, locations such as a home, school, place of
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employment, or visitation exchange)...
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................................................................
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................................................................
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....committed or threatened to commit domestic violence
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defined in s. 741.28, Florida Statutes, as any assault,
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aggravated assault, battery, aggravated battery, sexual assault,
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sexual battery, stalking, aggravated stalking, kidnapping, false
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imprisonment, or any criminal offense resulting in physical
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injury or death of one family or household member by another.
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With the exception of persons who are parents of a child in
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common, the family or household members must be currently
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residing or have in the past resided together in the same single
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dwelling unit.
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....previously threatened, harassed, stalked, or physically
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abused the petitioner.
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....attempted to harm the petitioner or family members or
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individuals closely associated with the petitioner.
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....threatened to conceal, kidnap, or harm the petitioner's
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child or children.
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....intentionally injured or killed a family pet.
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....used, or has threatened to use, against the petitioner
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any weapons such as guns or knives.
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....physically restrained the petitioner from leaving the
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home or calling law enforcement.
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....a criminal history involving violence or the threat of
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violence (if known).
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....another order of protection issued against him or her
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previously or from another jurisdiction (if known).
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....destroyed personal property, including, but not limited
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to, telephones or other communication equipment, clothing, or
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other items belonging to the petitioner.
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....engaged in a pattern of abusive, threatening,
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intimidating, or controlling behavior composed of a series of
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acts over a period of time, however short.
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....engaged in any other behavior or conduct that leads the
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petitioner to have reasonable cause to believe he or she is in
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imminent danger of becoming a victim of domestic violence.
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(i) Petitioner alleges the following additional specific
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facts: ...(mark appropriate sections)...
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....A minor child or minor children reside with the
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petitioner whose names and ages are as follows:..................
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....Petitioner needs the exclusive use and possession of
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the dwelling that the parties share.
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....Petitioner is unable to obtain safe alternative housing
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because:.........................................................
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....Petitioner genuinely fears that respondent imminently
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will abuse, remove, or hide the minor child or children from
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petitioner because:..............................................
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....Petitioner is a victim of marriage fraud by a person
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who is not a citizen of the United States and who, by deception,
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induced petitioner to enter into a marriage for the primary
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purpose of evading state or federal law or obtaining benefits
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other than those inherent to marriage, and such marriage fraud
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has resulted in the following harm:..............................
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(j) Petitioner genuinely fears imminent domestic violence
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by respondent.
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(k) Petitioner seeks an injunction: ...(mark appropriate
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section or sections)...
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....Immediately restraining the respondent from committing
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any acts of domestic violence.
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....Restraining the respondent from committing any acts of
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domestic violence.
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....Awarding to the petitioner the temporary exclusive use
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and possession of the dwelling that the parties share or
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excluding the respondent from the residence of the petitioner.
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....Providing a temporary parenting plan, including a
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temporary time-sharing schedule, with regard to the minor child
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or children of the parties which might involve prohibiting or
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limiting time-sharing or requiring that it be supervised by a
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third party.
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....Designating that the exchange of the minor child or
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children of the parties must occur at a neutral safe exchange
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location as provided in s. 125.01(8) or a location authorized by
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a supervised visitation program as defined in s. 753.01 if
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temporary time-sharing of the child is awarded to the
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respondent.
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....Establishing temporary support for the minor child or
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children or the petitioner.
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....Directing the respondent to participate in a batterers'
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intervention program.
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....Providing any terms the court deems necessary for the
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protection of a victim of domestic violence, or any minor
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children of the victim, including any injunctions or directives
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to law enforcement agencies.
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(8)
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(e) Within 24 hours after the court issues an injunction
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for protection against domestic violence in which the petitioner
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alleged to be a victim of marriage fraud by a person who is not
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a citizen of the United States, as provided in paragraph (3)(b),
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the clerk of the court must electronically transmit a copy of
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the petition; temporary injunction, if any; and a certified copy
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of the order of injunction to State Board of Immigration
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Enforcement for investigation. A representative from the State
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Board of Immigration Enforcement must initiate contact with the
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petitioner within 30 days after receipt of the certified copy of
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the order of injunction.
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Section 2. This act shall take effect July 1, 2026.