New Florida Domestic Violence Laws for 2024

As Miami domestic violence defense attorneys, we help clients understand changes in Florida law. In 2024, Florida enacted new lethality-assessment requirements and created the Hope Card Program for people protected by qualifying final injunctions. These changes affect police investigations and access to protective-order information, while preserving the rights of people accused of crimes.

The Gabby Petito Act: Enhanced Police Response to Domestic Violence

Florida enacted lethality-assessment requirements in 2024 following calls for reform after Gabby Petito’s death. These provisions passed as part of Senate Bill 1224. The legislation took effect July 1, 2024, with later deadlines for the statewide assessment form and officer training.

1. Mandatory Lethality Assessment Forms

Under Florida Statute § 741.29, officers investigating alleged domestic violence against an intimate partner must administer a lethality assessment, whether or not they make an arrest. The assessment uses questions to assess the risk of lethal violence. The written police report must separately describe any observed injuries and record the assessment score if an assessment was administered.

2. Enhanced Police Training

Officers must complete training before administering a lethality assessment. The law set January 1, 2025, as the deadline for adopting the statewide assessment form and October 1, 2026, as the deadline for completing the required officer training.

3. Improved Coordination with Support Services

Officers must explain the assessment results and refer the victim to the nearest locally certified domestic violence center when the referral criteria are met. If the victim cannot or does not provide enough information to complete the assessment, officers must document that fact and make the referral.

Hope Cards: A New Tool for Domestic Violence Survivors

Florida’s Hope Card Program began October 1, 2024. It allows people protected by certain final injunctions to request a card containing key information about the court order.

What are Hope Cards?

Under Florida Statute § 741.311, a Hope Card may be digital or a durable, wallet-sized card. A person protected by a qualifying final injunction may request one from the issuing circuit’s clerk. The clerk must provide it without charge within three business days after receiving the request. Qualifying orders include injunctions for protection against domestic violence, as well as orders addressing other forms of violence, stalking, or exploitation of a vulnerable adult.

Purpose of Hope Cards

A Hope Card provides key details about the protected person, respondent, issuing court, and injunction. It is valid for two years after the final order is issued or until the injunction expires, whichever comes first. It may be renewed if the injunction remains in effect.

How Hope Cards May Be Used

A protected person can present a Hope Card to help law enforcement identify the injunction. The card does not extend or revive an expired or dissolved order.

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:

  • These 2024 laws did not change the definition of domestic violence under Florida Statute § 741.28. It covers specified offenses, including assault, battery, and stalking, between qualifying family or household members. Except for people who share a child, the parties must currently live together or have lived together in the same dwelling. A romantic relationship alone does not meet that definition.
  • 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.

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