Domestic Violence Lethality Assessment
During a domestic violence investigation, and especially after an arrest for domestic violence, the alleged victim might be asked to complete a domestic violence lethality assessment. That assessment provides a standardized way to assess the threat of future violence and might be used to determine what additional services should be offered to the alleged victim.
If someone is arrested during the incident, the criminal defense attorney for the accused should obtain a copy of the domestic violence lethality assessment which is often included in the police report.
Under Section 741.29(1), any law enforcement officer who investigates an alleged incident of domestic violence is required to:
- Assist the victim to obtain medical treatment if such is required as a result of the alleged incident to which the officer responds;
- Advise the victim of such violence that there is a domestic violence center from which the victim may receive services;
- Give the victim immediate notice of the legal rights and remedies available on a standard form developed and distributed by the department. As necessary, the department shall revise the Legal Rights and Remedies Notice to Victims to include a general summary of s. 741.30 using simple English as well as Spanish, and shall distribute the notice as a model form to be used by all law enforcement agencies throughout this state. The notice must include:
- The resource listing, including telephone number, for the area domestic violence center designated by the Department of Children and Families; and
- A copy of the following statement:
IF YOU ARE THE 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.
Under Section 741.29(2)(b), the Criminal Justice Standards and Training Commission is require by rule that all law enforcement officers receive instruction on the policies and procedures for administering a lethality assessment as part of basic recruit training or as part of the required instruction for continued employment. A law enforcement officer may not administer a lethality assessment to a victim if the officer has not received training on administering a lethality assessment.
All of the following requirements for training on administering a lethality assessment must be met by October 1, 2026:
- Commission-approved basic recruit training programs required by s. 943.13(9) and continuing training or education required by s. 943.135 must incorporate the training required by this subsection.
- Each law enforcement agency shall ensure that all of its sworn personnel have completed the training required by this subsection, including law enforcement officers who received an exemption from completing the commission-approved basic recruit training program under s. 943.131, as part of their basic recruit training or the continued training or education required under s. 943.135(1), as applicable.
By November 1, 2026, the head of each law enforcement agency shall provide written certification to the department verifying that the law enforcement agency has complied with the training requirements in this subsection.
(d) By January 1, 2027, the department shall submit to the Governor, the President of the Senate, and the Speaker of the House of Representatives a report identifying each law enforcement agency that has not complied with the requirements of this subsection.
Read more about domestic violence battery investigations in Tampa, FL.
Questions Asked During the DV Lethality Assessment
If the allegation of domestic violence is against an intimate partner, regardless of whether an arrest is made, the investigating officer is trained to administer a lethality assessment that typically asks the following questions and that information is often included in a police report:
STATE OF FLORIDA
DOMESTIC VIOLENCE LETHALITY ASSESSMENT
Officer Name:
Badge #:
Department/Precinct:
Case #:
Victim Name:
DOB: __ /__ /_____
Sex:
Race/Ethnicity:
Date: __/__/_____
Time: _____ am/pm
Victim Phone: ______
Is this a safe #?:
Relationship to offender:
Offender’s name:
Consent to follow-up call from service provider: Yes No
Check one: The victim declined to be screened
The officer could not administer the screen
The victim is in a potentially lethal situation based on score
The victim is in a potentially lethal situation based on the officer’s belief
The victim is not in a potentially lethal situation
Remember: Law enforcement must advise all victims of the nearest locally certified domestic violence center, regardless of score or officer belief.
A “Yes” response to any of Questions 1-4 will require law enforcement to advise the victim they are in a potentially lethal situation.
1. Did they ever use a weapon against you or threaten you with a weapon? Yes No No Ans
2. Did they ever threaten to kill you or your children? Yes No No Ans
3. Do you believe they will try to kill you? Yes No No Ans
4. Have they ever choked you or attempted to choke you? Yes No No Ans
A “No” response to Questions 1-4, but a “Yes” response to at least four of the questions between Questions 5-11 will require law enforcement to advise the victim they are in a potentially lethal situation.
5. Do they have a gun or could they easily obtain a gun? Yes No No Ans
6. Are they violently or constantly jealous, or do they control most of your daily activities? Yes No No Ans
7. Did you leave or separate from them after you were living together or married? Yes No No Ans
8. Are they unemployed? Yes No No Ans
9. To the best of your knowledge, have they ever attempted suicide? Yes No No Ans
10. Do you have a child who they believe is not their biological child? Yes No No Ans
11. Have they ever followed, spied on, or left threatening messages for you? Yes No No Ans
If the result of the victim’s response to Question 12 leads the law enforcement officer to believe the victim is in a potentially lethal situation, then law enforcement will be required to advise the victim of that result.
12. Is there anything else that worries you about your safety? If so, what worries you?
Each situation may present unique factors that influence risk for lethal violence that are not captured in this assessment. Although most victims who are believed to be in a potentially lethal situation would not be expected to be killed, these victims face a much higher risk than other victims of intimate partner violence.
This article was last updated on Tuesday, April 14, 2026.
