Around the country, people were shocked and saddened by the murder of Gabby Petito, who was killed by her fiancé, Brian Laundrie. One reason why the story received so much attention is that shortly before her death, police in Utah investigated whether Petito was a victim of domestic violence, but then let Laundrie go without taking any action. In response to what seems like a preventable tragedy, Florida has now enacted a law setting forth specific inquiries that police must make if domestic violence is suspected.
Under what is known as the Gabby Petito Law, police officers responding to domestic violence incidents are required to ask a series of targeted questions aimed at assessing the level of risk to the victim. This is referred to as a “lethality assessment protocol.” The responses to these inquiries should shed light as to whether the victim faces an increased risk of serious or deadly harm. Questions touch on subjects such as threats of violence, access to weapons and past instances of physical abuse or controlling behavior.
Police officers are also required to offer information about local domestic violence shelters, counseling services and other resources that can aid those in dangerous situations. By installing this protocol, lawmakers hope to ensure that potential victims are not left without guidance or support after a domestic violence incident is reported.
Having a unified framework for law enforcement personnel investigating domestic violence claims hopefully will prevent similar cases where a tragedy might have been averted had police asked the right questions. However, it’s important to remember that a lethality assessment protocol should not be confused with a legal determination of guilt or innocence. Situations where domestic violence is alleged can be very complicated. In some cases, allegations reflect heightened emotions, and parties frequently accuse each other of misconduct, making it difficult for police to determine how to proceed.
If you’ve been charged with a crime related to domestic violence, you need to take the situation very seriously. The best way to safeguard your rights is by hiring an attorney with substantial experience representing Florida clients in these matters. At Joseph Montrone, Jr., P.A., I am a strong advocate who will push back against improper police tactics and unwarranted allegations. To schedule a free consultation about your case, please call or contact me online. My office is in St. Petersburg.