Domestic Violence – Laws Today & Historically

Since 1989, October has been nationally recognized as National Domestic Violence Awareness Month and as difficult a topic, Florida has made some progress in the past year relating to domestic violence law. However, considering that the national Violence Against Women Act was originally passed in 1994 and constantly has to be reauthorized, there is still a lot that can and should be done to help victims.

Domestic Violence Law is Relatively Recent

As far as domestic violence law goes, until the 1970’s it was legal and socially acceptable for husbands to beat their wives in many states. During the 70’s and early 80’s, domestic violence shelters opened and states began enacting laws against domestic violence. In 1994, Florida passed its own Violence Against Women Act. It too, has to be reauthorized and currently is in effect until 2027.

However, in response to the Gabby Petito case, we now have two new laws. One is named after her and in response to her tragic murder. The Gabby Petito Act went into effect on July 1, 2024. It requires law enforcement to complete a lethality assessment form. This includes identifying physical injuries, assessing the risk of escalation, and coordination with shelters or resource centers for the victim. The second law just went into effect on October 1. It provides anyone with a violence related restraining order a card for their wallet that includes both parties’ names and details of the order. An electronic version is on file and accessible by law enforcement.

Domestic Abuse is More Than Just Physical

All too often domestic abuse is more than physical. In fact, some abusers never lay a hand on their victims. Abuse takes many forms. There are those who sexually abuse their spouses. Something that only recently was added to domestic violence law. It took until 1993 for marital rape to be considered a crime nationwide. Marital rape includes partners who are living together but not married. Sexual abuse ranges from marital rape to guilting someone into having sex or performing a sexual act.

Verbal abuse, also called emotional abuse, is another common form of domestic violence. A partner can abuse you without even raising their voice. It is subtle, but abuse nonetheless. Verbal abuse comes in many forms like being overly critical, hurtful comments about one’s appearance, trivializing feelings or ideas, and even name calling.

Financial abuse is the final major category of domestic violence that goes beyond physical. It includes withholding funds or access to funds as well as concealing information about family or household financials. This is a form of control where an abuser keeps his victim in their house by not providing funds so there is no escape.

How Wagstaff & Pitelis Can Help

As a Pinellas County law firm, we are well-versed on domestic violence law both in Florida and federal law. We can help residents suffering from abuse file an order of protection (restraining order) as well as file for divorce, custody and spousal/child support. We also can help you find the resources you need to leave an abusive situation. Call us today at (727) 584-8182 or fill out our contact form. If you need immediate help, you can also call the National Domestic Violence Hotline at 800-799-7233 or text BEGIN to 88788.