What to Expect When You Call Police Due to Domestic Violence

Domestic violence (DV) is a horrendous problem many couples and families deal with every day. Often emotional abuse can escalate to verbal clashes, and, ultimately, physical abuse.

Defining Legal Domestic Violence 

Domestic violence appears in many forms, each of which can be devastating. According to Florida law, domestic violence is defined as actions including:

• Assault: purposeful behavior that instills fear of physical harm;
• Aggravated assault: a physical attack, typically with a weapon;
• Battery: unlawful physical contact;
• Aggravated battery: a physical attack that leads to severe bodily harm or permanent disability or disfigurement, or one that is against a pregnant woman.
• Sexual assault: fondling, child molestation, or threat of rape;
• Aggravated sexual assault: Non-consensual penetration, aggravated by the use of a deadly weapon, causing severe injury, with threats of retaliation, or if a victim is incapacitated or under the age of 12. It can also involve perpetrators who are in a position of authority.
• Stalking: Maliciously following, cyberstalking, or harassing another to cause emotional distress;
• Aggravated stalking: Repeatedly stalking and making credible threats, or violating a court order to stay away from someone;
• Kidnapping: Forcibly or secretly abducting or holding someone against their will;
• False imprisonment: Unlawfully restraining or confining someone by force or threat.

Calling Police 

Let’s say the DV that you are experiencing has intensified, leading to frightening threats or physical violence. Short of leaving, your best course of action may be to call the police.  But what happens next? Again, Florida statute is clear as to the responsibilities of police in such situations:

1-       You will be notified of your legal rights;

2-       You will be assisted in getting any necessary medical treatment;

3-       You will be advised of local resources for domestic violence;

4-       A lethality assessment will be conducted;

5-       You will be advised of your right to file charges, to request a protective injunction;

6-       Written statements from those present will be taken;

7-       One or more arrests may occur.

What is a Lethality Assessment? 

The lethality assessment is an important part of a police investigation into domestic violence. An officer will ask you a series of questions in a private setting. These questions are designed to determine the seriousness of the present and future situation, and will cover issues such as:

• The use of weapons;
• Lethal threats against you or your kids;
• Episodes of choking;
• The abuser’s access to a gun;
• The abuser’s employment status;
• Jealousy issues;
• Suicidal tendencies;
• Aggressive control and/or issues of spying on you;
• Your concerns.

The Aftermath 

When it comes to your future safety, the dedicated Miami domestic violence attorneys at The Law Office of Julia Kefalinos can help. We will swiftly and effectively work to ensure you have a protective order, meaning your abuser cannot legally come near you. To discuss, schedule a confidential consultation in our Miami office right away.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0741/Sections/0741.28.html#:~:text=(2)%20%E2%80%9CDomestic%20violence%E2%80%9D,another%20family%20or%20household%20member