Florida’s Gabby Petito Act: Lethality Assessments & Family Law

Published March 25, 2026 · By Christine Leonard, Esq. · Florida Bar #1001612

What Is the Gabby Petito Act?

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On July 1, 2024, Florida’s Gabby Petito Act (Senate Bill 610) took effect, fundamentally changing how law enforcement responds to domestic violence calls across the state. The law is named after Gabrielle “Gabby” Petito, whose 2021 death during a cross-country road trip exposed critical gaps in how police identify and respond to victims at risk of lethal domestic violence.

At its core, the Gabby Petito Act requires every law enforcement officer responding to a domestic violence call to conduct a Lethality Assessment Protocol (LAP) — a structured screening tool consisting of 12 questions designed to identify victims who face the highest risk of being killed by their abuser. The results of this assessment determine whether the victim receives an immediate referral to a certified domestic violence center and crisis intervention services.

For anyone involved in a family law case — whether you are seeking a domestic violence injunction, going through a divorce, or fighting for custody — this law creates a new layer of documented evidence that can significantly affect the outcome of your case.

The 12 Lethality Assessment Questions

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The Lethality Assessment Protocol asks the victim 12 specific questions. The first four are considered high-danger indicators — a “yes” answer to any one of these triggers an automatic mandatory referral:

What Triggers a Mandatory Referral

A mandatory referral to a certified domestic violence center is triggered when:

• The victim answers “yes” to any one of questions 1 through 4 (the high-danger indicators), OR
• The victim answers “yes” to four or more of questions 5 through 11 (cumulative risk factors)

Additionally, officers retain the discretion to make a referral based on their professional judgment — including the victim’s response to question 12 or any other circumstances observed at the scene — even if the formal threshold is not met.

Hope Cards: Quick Verification of Injunction Orders (SB 86)

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Effective October 1, 2024, Florida’s Hope Card law (SB 86) created a companion tool for domestic violence victims. A Hope Card is a wallet-sized card issued by the clerk of court that contains essential information from a domestic violence injunction, including:

• The respondent’s name and identifying information
• The case number
• The issuing court
• The injunction’s expiration date
• Key terms and conditions of the order

The purpose of the Hope Card is practical: it allows victims and law enforcement to quickly verify the existence and terms of an active injunction during an encounter, without the victim needing to carry full court documents. If a respondent violates the injunction, the Hope Card gives officers immediate confirmation to take enforcement action.

Together, the Gabby Petito Act and Hope Cards represent a significant shift in how Florida documents and responds to domestic violence — and that documentation carries directly into family law proceedings.

How This Impacts Family Law Cases

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1. Domestic Violence Injunctions

Lethality assessment results documented in police reports provide contemporaneous, structured evidence that strengthens petitions for domestic violence injunctions under Florida Statute 741.30. When a police report includes a completed LAP showing high-danger indicators, it gives the court objective, standardized documentation of the threat level — not just the petitioner’s testimony. This can be the difference between a temporary injunction being extended into a permanent one.

2. Custody and Timesharing Decisions

Under Florida Statute 61.13, courts are required to determine custody and timesharing arrangements based on the best interests of the child. One of the statutory factors the court must consider is evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect.

The Gabby Petito Act creates a pipeline of documented evidence that feeds directly into this analysis. When law enforcement conducts a lethality assessment and the results indicate high danger, that documentation becomes part of the official record. In a custody proceeding, this evidence can support:

• Supervised visitation for the abusive parent
• Restricted or no overnight timesharing
• Sole parental responsibility awarded to the non-abusive parent
• Geographic restrictions on where the child can be taken during timesharing
• Requirements for batterer’s intervention programs before unsupervised contact is permitted

Florida law also establishes a rebuttable presumption against shared parental responsibility when a parent has been convicted of a domestic violence offense. Documented lethality assessments, even absent a conviction, can be powerful corroborating evidence in cases where the court is weighing the credibility of domestic violence allegations.

3. Divorce Proceedings

In divorce cases where domestic violence is a factor, the Gabby Petito Act documentation can affect multiple aspects of the proceeding. Courts consider domestic violence when making decisions about equitable distribution of assets, alimony awards, and attorney’s fees. A documented history of domestic violence — supported by lethality assessments and police reports — can influence the court’s exercise of discretion in these areas.

How Documented DV Affects Timesharing Under F.S. 61.13

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Florida Statute 61.13 lists 20 factors the court must evaluate when determining the best interests of the child. Factor 2(c) specifically requires the court to consider:

Additional factors directly relevant to documented domestic violence include:

• The moral fitness of the parents — a pattern of domestic violence speaks directly to this factor
• The mental and physical health of the parents — ongoing abuse raises concerns about emotional stability and judgment
• Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect — the most directly applicable factor
• The reasonable preference of the child (if the child is of sufficient age) — children who have witnessed DV may express a clear preference
• Any other factor relevant to the best interests of the child — a catch-all that allows courts to consider the totality of the DV evidence

The practical effect is clear: documented domestic violence, particularly when supported by lethality assessment results, creates a strong evidentiary basis for the court to limit or restrict the abusive parent’s access to the children. This is not automatic — the court still exercises discretion — but it is among the most compelling evidence a family court can consider.

What to Do If You Are a DV Victim Going Through Divorce or Custody Proceedings

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If you are experiencing domestic violence and are involved in — or anticipating — a divorce or custody case, the following steps are critical:

• Call law enforcement for every incident. Under the Gabby Petito Act, every DV call now generates a lethality assessment. These documented assessments become evidence in your family law case. Do not minimize incidents or decline to report them.
• Cooperate with the lethality assessment. Answer the officer’s questions honestly. The LAP is designed to identify the level of danger you face, and the documentation it creates can be critical to obtaining a protective injunction and favorable custody terms.
• Petition for a domestic violence injunction. An injunction under F.S. 741.30 provides immediate legal protection and creates a court record of the abuse. With the new Hope Card system, you can carry proof of your injunction at all times.
• Request a Hope Card from the clerk of court. Once your injunction is entered, request a Hope Card so you have wallet-sized verification of the order available at all times for quick law enforcement verification.
• Document everything independently. In addition to police reports and lethality assessments, keep records of threatening texts, emails, voicemails, photographs of injuries, and medical records. The more corroborating evidence, the stronger your case.
• Contact a family law attorney immediately. Domestic violence cases involving custody and divorce require strategic legal planning. An experienced attorney ensures that the DV evidence is properly preserved, presented, and connected to the statutory factors the court must consider.

Frequently Asked Questions About the Gabby Petito Act & Family Law

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