Florida Enacts Changes To Police Response To Domestic Violence Calls

Most domestic violence calls do not lead to an arrest; the police simply de-escalate a fight between family members, perhaps telling one of the parties to stay away from the house for a few hours until everyone has had a chance to cool down.  Things often continue to escalate after the police leave, though.  Most high conflict relationships do not lead to anyone getting seriously injured, but in most cases of murder by a family member or current or former spouse or domestic partner, the warning signs were in plain sight of the police.  Recent laws require law enforcement and the courts to document incidents of domestic violence in a way that shows patterns within a relationship or in the aggressor’s behavior.  This year, Florida passed several new laws that change the institutional response to domestic violence, but they do not affect the legal rights of people accused of domestic violence or any other crime.  If you got arrested after a domestic violence call, contact a Tampa domestic violence lawyer.

Gabby Petito’s Law Requires More Thorough Police Reports on Domestic Violence Incidents

The 2021 murder of Gabby Petito of North Port, Florida led to reforms in the law enforcement response to domestic violence incidents.  About two weeks before Petito’s disappearance, she was in Utah with her fiancé Brian Laundrie, when police responded to a call about a fight between the couple.  Their only response was to tell the couple to stay away from each other for the night.  Petito’s parents later sued, alleging that a more thorough response by the Moab Police Department could have prevented Petito’s death.

Pursuant to Gabby Petito’s Law, which took effect in Florida in the summer of 2024, police must complete a detailed risk assessment form after each domestic violence call, in which they must document visible injuries on the parties’ bodies, as well as other risk factors.  The law calls for training for law enforcement officers on how to assess the risk of escalating domestic violence.

Hope Cards Are Coming Soon to Florida

In October 2024, Florida will begin issuing hope cards in order to prevent the escalation of domestic violence; several other states already have a similar system.  When the court enters a domestic-violence restraining order, it will issue a hope card to the person who requested the restraining order, while also keeping the information in a database.  The card will show when the restraining order originated and against whom.  This way, when police respond to a domestic violence call, they can easily know whether it is an isolated incident.

The new laws do not change the definition of domestic violence or the situations where police can or should make an arrest, nor do they change the presumption of innocence in criminal court.  They do lead to more thorough documentation that can be used as evidence in a criminal case.

Contact Tampa Criminal Defense Attorney Bryant Scriven

A criminal defense lawyer can help you if you are facing charges for domestic violence.  Contact Scriven Law in Tampa, Florida to schedule a consultation.

Sources:

floridaphoenix.com/briefs/desantis-signs-law-approving-hope-cards-for-victims-of-domestic-violence/

tallahassee.com/story/news/2023/11/30/gabby-petito-act-sb-610-protect-victims-domestic-violence-florida-legislature/71753195007/