New Florida Domestic Violence Laws for 2024

As experienced Miami domestic violence defense attorneys, we always stay current on Florida law changes that could affect our clients. Two significant new laws regarding domestic violence will take effect in 2024, and you must understand how they might impact domestic violence cases. While these laws primarily affect how law enforcement responds to domestic violence calls, they don’t change your fundamental rights if you’re accused of domestic violence.

The Gabby Petito Act: Enhanced Police Response to Domestic Violence

Named after the tragic case of Gabby Petito, a Florida resident who lost her life to domestic violence in 2021, this new law aims to improve how police handle domestic disturbance calls. The Gabby Petito Act goes into effect on July 1, 2024, and includes these key provisions:

1. Mandatory Lethality Assessment Forms

Law enforcement officers responding to domestic disturbance calls must now complete and file a lethality assessment form. This form will include details about any visible physical injuries to the parties involved.

2. Enhanced Police Training

Officers will receive specialized training on how to assess the risk of escalating violence in domestic disturbance situations. This training aims to help police identify potentially dangerous situations before they worsen.

3. Improved Coordination with Support Services

The new law requires police to coordinate more closely with domestic violence shelters and resource centers. This coordination aims to provide better support for survivors of domestic violence.

Hope Cards: A New Tool for Domestic Violence Survivors

Starting October 1, 2024, Florida will implement a “hope card” system for survivors of domestic violence. Here’s what you need to know about this new initiative:

What are Hope Cards?

Hope cards are wallet-sized cards, similar in appearance to a driver’s license or insurance card. Courts will issue these cards to petitioners when granting domestic violence-related restraining orders.

Purpose of Hope Cards

These cards aim to provide law enforcement with quick access to restraining order information. Even after a restraining order expires or is withdrawn, an electronic version of the hope card remains in the court system’s database.

How Hope Cards May Be Used

When responding to domestic disturbance calls, police can use hope cards to quickly identify if there’s a history of domestic violence between the parties involved. This information can help officers assess the potential risk of the situation, even if the parties insist the current incident is minor.

What These New Laws Don’t Change

While these laws significantly affect how police respond to domestic violence calls, it’s crucial to understand what they don’t change:

  • The legal definition of domestic violence remains the same. It still covers all acts and threats of physical violence between people related by blood, marriage, or romantic relationships.
  • Your rights as a defendant in a domestic violence case are not altered. You still have the right to a fair trial and to present a defense against any charges.
  • The burden of proof in criminal cases remains on the prosecution. They must still prove guilt beyond a reasonable doubt, regardless of any hope cards or lethality assessments.

Why You Need an Experienced Miami Domestic Violence Defense Attorney

With these new laws in place, it’s more important than ever to have skilled legal representation if you’re facing domestic violence charges. At The Edelstein Firm, we understand the complexities of domestic violence cases and how these new laws might affect your situation.
Our experienced Miami criminal defense attorneys will:

  • Thoroughly review any lethality assessments or hope card information used in your case
  • Challenge any improper use of this new information in court
  • Ensure your rights are protected throughout the legal process
  • Develop a strong defense strategy tailored to your specific situation

Remember, being accused of domestic violence doesn’t mean you’re guilty. These new laws are designed to protect potential victims, but they don’t eliminate your right to a fair defense.

Contact Our Miami Domestic Violence Defense Lawyers Today

If you’re facing domestic violence charges in Miami or anywhere in South Florida, don’t wait to get legal help. The sooner you contact our experienced domestic violence defense attorneys, the better we can protect your rights and build your defense.

CALL US NOW for a CONFIDENTIAL INITIAL CONSULTATION at (305) 538-4545, or take a moment to fill out our confidential and secure intake form.* The additional details you provide will greatly assist us in responding to your inquiry.

 

*Due to the large number of people who contact our law office requesting our assistance, it is strongly suggested that you take the time to provide us with specific details regarding your case by filling out our confidential and secure intake form. The additional details you provide will greatly assist us in responding to your inquiry promptly and appropriately.

THERE ARE THOUSANDS OF LAW FIRMS AND ATTORNEYS IN SOUTH FLORIDA. ALWAYS INVESTIGATE A LAWYER’S QUALIFICATIONS AND EXPERIENCE BEFORE MAKING A DECISION ON HIRING A CRIMINAL DEFENSE ATTORNEY ATTORNEY FOR YOUR MIAMI-DADE COUNTY CASE