1. Peterman v. Meeker, 855 So.2d 690 (2003)
28 Fla. L. Weekly D2287
Opinion
855 So.2d 690
District Court of Appeal of Florida, FULMER, Judge.
Second District.
John Russell Peterman, respondent below, appeals
John Russell PETERMAN, Appellant, a final judgment for protection against domestic
v. violence entered in favor of Nute Carl Meeker, Jr.,
Nute Carl MEEKER, Jr., Appellee. under section 741.30, Florida Statutes (2002). We
affirm.
No. 2D03-548. | Oct. 3, 2003.
Peterman and Meeker have been partners in a
Petitioner sought domestic violence injunction against homosexual relationship for thirteen years and
same-sex partner. The Circuit Court, Pinellas County, were living together in a house they jointly own.
John C. Lenderman, J., denied partner's motion to The evidence showed that there were violent
dismiss and granted the injunction. Partner appealed. episodes between these men in the recent past as
The District Court of Appeal, Fulmer, J., held that, as their relationship was ending. Meeker sought an
matter of first impression, statute authorizing family injunction, and Peterman's attorney filed a motion
or household members to seek domestic violence to dismiss, arguing that section 741.30 does not
injunction applied to same-sex couples. protect homosexuals against domestic violence. The
trial court denied the motion to dismiss and granted
Affirmed. the injunction, holding that the statute was intended to
protect intimate partners.
West Headnotes (1)
Section 741.30(1)(a) provides for a domestic violence
injunction to “[a]ny person described in paragraph
1 Protection of Endangered Persons (e), who is either the victim of domestic violence as
Persons and Relationships Affected defined in s. 741.28 or has reasonable cause to believe
Protection of Endangered Persons he or she is in imminent danger of becoming the victim
Parties, Right of Action, and Standing of any act of domestic violence.” Section 741.30(1)(e)
provides that the injunction may be sought by family
Statute permitting family or household
or household members, and *691 section 741.28(3)
members to obtain a domestic violence
defines family or household members as:
injunction applied to same-sex couples,
even though same-sex couples could not spouses, former spouses, persons
marry; statute defined family or household related by blood or marriage, persons
members as persons “residing together who are presently residing together
as if a family,” and provided that no as if a family or who have resided
person was precluded from seeking relief together in the past as if a family,
solely on the basis that the person was and persons who are parents of
not a spouse. West's F.S.A. §§ 741.28(3), a child in common regardless of
741.30(1)(a, e). whether they have been married.
With the exception of persons who
have a child in common, the family
or household members must be
currently residing or have in the past
Attorneys and Law Firms resided together in the same single
dwelling unit.
*690 Mark Hanks, St. Petersburg, for Appellant.
Peterman argues that same-sex couples do not qualify
No appearance for Appellee Nute Carl Meeker, Jr.
as persons residing together as if a family because
© 2012 Thomson Reuters. No claim to original U.S. Government Works. 1

2. Peterman v. Meeker, 855 So.2d 690 (2003)
28 Fla. L. Weekly D2287
violence proceedings in homosexual relationship
same-sex couples cannot marry in the state of Florida.
based on statute defining members of unmarried
But section 741.30(1)(e) states: “No person shall be
couple as those who are living together or have
precluded from seeking injunctive relief pursuant to
formerly lived together); State v. Hadinger, 61 Ohio
this chapter solely on the basis that such a person is
App.3d 820, 573 N.E.2d 1191 (1991) (holding that
not a spouse.” Therefore, we conclude that the statute
domestic violence statute applied to partners in
does not exclude those persons who otherwise meet
same-sex relationship based on statute's definition
the requirements for a domestic violence injunction but
of person living as spouse to include person who
seek protection from a person of the same sex.
is otherwise cohabiting with offender; rejecting trial
There is no reported case in Florida on this issue, court's imposition of requirement that such persons
but the several courts around the country that must have the ability to marry before domestic
have addressed the issue have held that persons violence statute applied).
in a same-sex relationship qualified for domestic
Affirmed.
violence protection under various state statutes. See
Glater v. Fabianich, 252 Ill.App.3d 372, 192 Ill.Dec.
136, 625 N.E.2d 96 (1993) (affirming domestic STRINGER and SILBERMAN, JJ., Concur.
violence injunction in homosexual relationship based
on statute defining family or household member Parallel Citations
in part as those who share or formerly shared
28 Fla. L. Weekly D2287
common dwelling); Ireland v. Davis, 957 S.W.2d 310
(Ky.Ct.App.1997) (2-1 decision) (reinstating domestic
End of Document © 2012 Thomson Reuters. No claim to original U.S. Government
Works.
© 2012 Thomson Reuters. No claim to original U.S. Government Works. 2