The coronavirus pandemic led to a sharp rise in domestic violence cases, resulting in a public health crisis that was dubbed the shadow pandemic.1 The American Journal of Emergency Medicine reported a global increase in domestic violence incidents, with estimates ranging between 25 and 33 percent.2 In response, the state of Florida has introduced a powerful tool to protect victim-survivors: the lethality assessment.3
The aim of the lethality assessment is to protect victims of coercive control by identifying those at highest risk of serious harm or death. This is a major step in preventing tragedies outcomes, such as femicide and familicide. HB 729 Lethality Assessments, which came into force on July 1, 2024, requires law enforcement to use a systematic approach to assess the level of risk for each victim-survivor, allowing for more precise interventions and support.
The Origins of the Lethality Assessment
The lethality assessment has its roots in the work of Dr. Jacquelyn C. Campbell (PhD, RN, FAAN of Johns Hopkins University School of Nursing), a renowned researcher in the field of intimate partner violence.4 Dr. Campbell’s pioneering work in the 1980s led to the development of a danger assessment tool, which uses a specific set of questions to predict the probability of lethal violence in coercive and controlling relationships.5
The questions were are on the patterns of coercive control that are common predictors of femicide and other forms of domestic violence homicides. Over time, the danger assessment tool was adapted into different iterations, such as the Danger Assessment for Law Enforcement (DA-LE) by Dr. Campbell in partnership with Jeanne Geiger Crisis Center and Dr. Jill Theresa Messing (MSW, PhD of Arizona State University School of Social Work).6 The latter has been implemented by a number of law enforcement agencies across the United States.
The lethality assessment is also an iteration of the danger assessment tool. In Florida, it has been codified into law as part of the broader response to the murder of Gabby Petito, a young woman whose death in 2021 drew national attention to the issues of coercive control and femicide.7 The Gabby Petito Act, signed into law by Governor Ron DeSantis in 2024, mandates the use of the lethality assessment by law enforcement officers responding to domestic violence incidents. The law is a direct response to the failings that were highlighted in Petito’s case, where missed opportunities for intervention led to tragic consequences.
How the Lethality Assessment Works
The lethality assessment is a questionnaire that Florida law enforcement officers are required to administer to victims of domestic violence either at the scene of an incident or when incidents are reported after the fact. The assessment consists of a set of twelve key questions designed to identify red flags that indicate a heightened risk of homicide.8 These include:
- Did the aggressor ever use a weapon against you or threaten you with a weapon?
- Did the aggressor ever threaten to kill you or your children?
- Do you believe the aggressor will try to kill you?
- Has the aggressor ever choked you or attempted to choke you?
- Does the aggressor have a gun or could the aggressor obtain a gun?
- Is the aggressor violently or constantly jealous, or does the aggressor control most of your daily activities?
- Did you leave or separate from the aggressor after you were living together or married.
- Is the aggressor unemployed?
- To the best of your knowledge, has the aggressor ever attempted suicide?
- Do you have a child whom the aggressor believes is not the aggressor’s biological child?
- Has the aggressor ever followed, spied on, or left threatening messages for you?
- Is there anything else that worries you about your safety and, if so, what worries you?
The goal of these questions is to quickly assess the level of danger the recipient of the abuse is in. Police officers are required to take immediate action if the assessment reveals a high risk. This includes:
- Informing the victim about their legal rights, using the following statement: “If you are a victim of domestic violence, you may ask the state attorney to file a criminal complaint. You also have the right to go to court and file a petition requesting an injunction for protection from domestic violence which may include, but need not be limited to, provisions which restrain the abuser from further acts of abuse; direct the abuser to leave your household; prevent the abuser from entering your residence, school, business, or place of employment; award you custody of your minor child or children; and direct the abuser to pay support to you and the minor children if the abuser has a legal obligation to do so.” 9
- Providing the victim with the option to seek a legal injunction,
- Connecting the victim with a local domestic violence service,
- Medical care, if needed, and
- Documenting the findings in their police report.
In cases where the risk is deemed extreme, Florida police officers may also take additional steps, such as seeking an immediate order of protection or making an arrest.
The lethality assessment is a lifesaving intervention tool. Research has shown that victims who are identified as high-risk through these assessments are more likely to seek help and engage with support services. This early intervention can be vital to preventing an escalation of violence that could lead to a fatal outcome.
How the Lethality Assessment Can Help Survivors
The lethality assessment is a standardized response to domestic violence incidents across the Florida. It aims to ensure that all victims receive a consistent level of care and support. By making the lethality assessment a mandatory part of the response process, Florida has taken a decisive step towards preventing domestic violence homicides.
One of the most significant benefits of the lethality assessment is its ability to create a documented trail of evidence. When law enforcement officers record the results of the assessment in their reports, they provide valuable information that can be used in court proceedings, custody battles, and ongoing investigations. This documentation can also help to hold abusers accountable, as it provides a clear record of their behavior and the threat they pose.
Furthermore, the lethality assessment has strengthened the collaboration between law enforcement and domestic violence service providers. By connecting high-risk victims with local shelters, counseling services, and legal aid, the assessment ensures that victims receive the support they need to escape abusive situations. This network of support is critical in helping victims navigate the complex, challenging, and often dangerous process of leaving an abusive partner.
Challenges and Criticisms
While the lethality assessment has been widely praised for its effectiveness, it is not without its challenges and criticisms. One of the primary concerns is the potential for false negatives—cases where the assessment fails to identify a victim as high-risk despite the presence of significant danger. This can happen if a victim is unwilling or unable to answer the questions truthfully, often out of fear of retaliation from their abuser.
There is also the issue of resource allocation. High-risk cases identified through the lethality assessment require immediate and often intensive intervention, which can strain the resources of local law enforcement and domestic violence service providers. In areas with limited resources, this can lead to difficult decisions about where to focus efforts and how to provide adequate support to all victims.
Moreover, some critics argue that the lethality assessment, while valuable, is not a comprehensive solution to the problem of domestic violence. They point out that the assessment focuses on the immediate risk of homicide, but does not address the broader context of abuse that many victims face. For instance, economic abuse, psychological manipulation, and isolation are all forms of domestic violence that may not be captured by the lethality assessment, yet they play a significant role in the victim’s overall safety and well-being.
Finally, while the lethality assessment has the potential to significantly improve the handling of domestic violence cases in Florida, its effectiveness remains to be seen. Though Governor DeSantis has mandated lethality assessment training for all law enforcement officers, many counties have not yet fully implemented it. This means that officers in these areas are not be equipped to effectively use this important tool to identify high-risk domestic violence victims.
Survivors in Florida have reported that when they contact local law enforcement about domestic violence incidents, police officers are unfamiliar with the concept of coercive control, unaware of the laws against it, and untrained in administering lethality assessments or following the protocols outlined in the Gabby Petito Act. The gap between existing laws and police officer training creates a dangerous situation for victim-survivors as it leaves them vulnerable to more abuse and potentially life-threatening consequences.
The Future of the Lethality Assessment
Despite these challenges, the lethality assessment remains a critical tool in Florida’s domestic violence response strategy. As the state continues to refine its approach, there are several areas where the lethality assessment could be further strengthened.
One potential improvement is the integration of technology into the assessment process. For example, mobile apps and digital platforms could be developed to allow victims to complete the assessment privately and securely, even before law enforcement arrives. This could help to overcome some of the barriers to truthful reporting and provide officers with more accurate information upon their arrival at the scene.
Another area of focus could be the expansion of training for law enforcement officers. While the Gabby Petito Act mandates training on the lethality assessment, ongoing education and refresher courses could help to ensure that officers are fully equipped to handle the complexities of domestic violence cases. This training could also include a greater emphasis on understanding the broader dynamics of abuse, beyond the immediate risk of homicide.
Ultimately, the lethality assessment is a tool—not a cure-all. It is one part of a larger effort to combat domestic violence in Florida, an effort that requires ongoing commitment, resources, and innovation. The introduction of the lethality assessment marks a significant step forward, but there is still much work to be done to ensure that all victims of domestic violence receive the protection and support they need.
Resources
- Wakefield, Manya. “Florida’s Gabby Petito Act is a Model For Other States.” Narcissistic Abuse Rehab. 30 Aug. 2024. ↩︎
- UN Women. “The Shadow Pandemic During Covid-19”. UN Women. ↩︎
- Boserup B, McKenney M, Elkbuli A. “Alarming trends in US domestic violence during the COVID-19 pandemic”. Am J Emerg Med. 2020 Dec;38(12):2753-2755. doi: 10.1016/j.ajem.2020.04.077. Epub 2020 Apr 28. PMID: 32402499; PMCID: PMC7195322. ↩︎
- Campbell, Jacqueline C. Danger Assessment Instrument. John Hopkins School of Nursing. 1986. ↩︎
- Official website. Danger Assessment. John Hopkins School of Nursing. ↩︎
- Cambell, Jacqueline C., Messing, Jill Theresa. The Danger Assessment Tool for Law Enforcement (DA-LE). Geiger Institute. ↩︎
- Wakefield. “Florida’s Gabby Petito Act.” ↩︎
- Baker, Jessica and Bartleman, Robin. HB 729 Lethality Assessments (2024 Session). Florida House of Representatives. ↩︎
- Senate Bill 1224: The Gabby Petito Act ↩︎
