Coercive Control & Domestic Violence In Florida
The legal definition of domestic violence will differ from jurisdiction to jurisdiction, but in most cases, a requirement of physical harm is present. However, this places many victims of abuse in a difficult position simply because they have never been physically assaulted. A pattern of abuse that is more insidious, aimed at tearing down a victim’s sense of self, is known as coercive control, and it is only now in recent years that legislatures are making changes to reflect this.
No Physical Violence, No Protection
Florida’s definition of domestic violence includes any criminal offense “resulting in physical injury or death” to a person who shares a certain relationship with the perpetrator (a spouse, ex-spouse, unmarried co-parent, or anyone residing with them together ‘as a family’). However, this excludes those who prefer to abuse in different ways. A pattern of unceasing emotional or financial abuse can be just as damaging to a person’s safety as physical injury.
Historically, if a person sought a domestic violence injunction (DVI) to protect themselves, they would not be successful unless they could show that they had “reasonable cause” to believe they were in “imminent danger” of becoming a victim of domestic violence. Since domestic violence in Florida includes physical injury, a victim of coercive control could not succeed. However, Florida has passed two recent laws that may change that predicament for victims.
The Law Is (Slowly) Changing
In the last few years, Florida’s legislature has become aware of the problem of coercive control, and chosen to act – but unfortunately, both major legal evolutions have come at the expense of a person’s needless passing. The first law is known as Greyson’s Law, and it was passed in 2023 after a young boy named Greyson was killed by his father in a murder-suicide. The law allows threats against the child or the other parent to be considered when determining the feasibility of a DVI, as opposed to focusing simply on physical violence.
The other law that has brought the idea of coercive control into the foreground is known as the Gabby Petito Act. The Act was passed in 2024, and requires that officers responding to domestic dispute cases complete a lethality assessment – essentially a questionnaire for the alleged victim, which may lead to their referral for domestic violence services. If not, it can serve as a paper trail of sorts, if any other disputes happen in the future.
Call A West Palm Beach Domestic Violence Attorney
It is all too common for abuse victims to only believe they are abused if physical harm is involved. Coercive control is real, and if it is happening to you, it is crucial to find a West Palm Beach criminal defense attorney who can help you. The firm of Perlet & Shiner, P.A. has experience with these types of cases, and will work hard to ensure your rights are protected. Call our office today to speak to an attorney.
Source:
flsenate.gov/Session/Bill/2024/610/
