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HB 485

Petitions for Injunction for Protection Against Domestic Violence Containing Allegations of Marriage Fraud

2026 Regular Session Introduced by Kim Daniels and 1 co-sponsor

Florida bill allows domestic violence protective injunctions for marriage fraud victims, expanding grounds beyond traditional abuse to include fraudulent entry into marriage.

Died in Judiciary Committee
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Bill Summary · HB 485

Legislative bill overview

HB 485 would allow Florida courts to issue injunctions for protection against domestic violence in cases involving marriage fraud—situations where one spouse fraudulently enters into marriage under false pretenses. The bill expands the legal grounds for domestic violence protective orders beyond traditional abuse, harassment, or stalking to include the deception inherent in fraudulent marriage.

Why is this important

Marriage fraud victims currently lack a direct legal remedy through domestic violence injunctions, even though the deception may cause severe emotional harm and violate trust. This bill would provide an additional legal tool for victims to seek court protection and distance from individuals who deceived them into marriage, addressing a potential gap in Florida's protective order statutes.

Potential points of contention

  • Defining "marriage fraud" precisely: The bill's effectiveness depends on clear legal definitions. Distinguishing between fraud and disputed relationship expectations, misrepresentations about lifestyle/finances, or other deceptions could prove challenging and lead to inconsistent application.
  • Due process concerns: Critics may argue that injunctions (which restrict liberty) based on fraud claims without criminal conviction could raise questions about adequate evidentiary standards and the right to confront accusers before restricting someone's behavior.
  • Scope and unintended consequences: Overly broad definitions could enable weaponization of the injunction process in acrimonious divorces where fraud allegations become standard claims, burdening courts and potentially trivializing protections for abuse victims.

Compiled from official sources — confirm details with the bill’s official record.

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