“Gabby Petito Act” Took Effect July 1

In 2021, the 22-year old Gabrielle “Gabby” Petito was tragically killed by her then-fiancé during a cross-country van trip the two were taking. Before her death, the two were spotted arguing by police in Utah. After her body was found, her parents filed a civil lawsuit against the police department, alleging that they negligently missed signs of danger related to domestic violence. Florida’s legislature later honored Petito’s memory by passing SB 1224, which will be referred to as the “Gabby Petito Act” as it comes into effect on July 1.

12 Questions For Protection

SB 1224 requires law enforcement to conduct what is known as a lethality assessment for all domestic dispute calls. The assessment has 12 questions, designed to be simple to answer – usually with just a yes or no – and allow an alleged victim to convey a lot of information quickly. This can be helpful even if an arrest is not made, given that Florida law enforcement is not required to make an arrest on every domestic dispute call; it may do what was lacking in Gabby Petito’s case and give probable cause for an arrest at a later date.

Given its required simplicity, a lethality assessment is not necessarily a bad thing for a domestic violence defendant, because the victim’s answers will be clear and easy to interpret in most cases. If a person’s case makes it to court, they need not wonder about the victim’s state of mind at the time of the alleged offense; it will, at least in theory, be readily available.

You Still Have The Right To A Defense!

If you have been charged with a crime of domestic violence, it is important to keep in mind that even if the lethality assessment paints you in a less than flattering light, it is only one piece of evidence. You have the right to present a defense, and to have your rights protected while doing so. Domestic disputes are often highly volatile situations, and it may be that you acted in self-defense or the defense of another, without the actual intent to injure the alleged victim.

Another common defense against this kind of charge is a lack of evidence, either of the physical type or in arguing that the allegations against you are false. Your alleged victim may indeed have an ulterior motive for accusing you of this kind of offense, and if so, it may be relevant in court. Regardless, domestic violence crimes can lead to so many different legal scenarios, however, that the addition of the lethality assessment may have no real bearing on yours.

Call A West Palm Beach Domestic Violence Attorney

The law is intended to memorialize Gabby Petito and all the other victims who have been lost to domestic violence – but it is also intended to potentially save lives in danger now. If you have been accused of a domestic violence crime, a West Palm Beach criminal defense attorney from Perlet & Shiner, P.A. can help to protect your rights no matter what turns the law may take. Contact our office today to speak to an attorney.

Source:

flsenate.gov/Session/Bill/2024/1224/Analyses/2024s01224.hms.cf.PDF