Domestic Violence - Martin County, Florida

Domestic Violence 

Martin County Sheriff’s s Office 

Martin County Sheriff's Office 

Domestic Violence Review 

1

Why are we here today? 

Mandatory training required for L.E.O. and 

C.O. every four years to maintain 

certificate. 



2

Domestic Violence 

One of the most common calls 

Takes time to complete the call 

Puts deputy on the spot to make calls 

relating to relationships, family situations, 

etc. 

Dangerous call 



3

What is Domestic Violence? 

F.S.S. 741.28 (2) Defines domestic 

violence as any assault, aggravated 

assault, battery, aggravated battery, 

sexual assault, sexual battery, stalking, 

aggravated stalking, kidnapping, false 

imprisonment, or any criminal offense 

resulting in physical injury or death of one 

family or household member by another 

family or household member. 



4

What does Household member 

mean? 

As defined in F.S.S. 741.28 (3): 

“Family or household member” means spouses, 

former spouses, persons related by blood or 

marriage, person who are presently residing 

together as if a family or who have resided 

together in the past as if a family, and persons 

who are parents of a child in common regardless 

of whether they have been married. With the 

exception of persons who have a child in 

common, the family or household members 

must be currently residing or have in the past 

resided together in the same single dwelling 

unit. 



5

What other laws could apply? 

 

 

 

 

A domestic violence injunction may have 

been obtained by a victim. 

Check with dispatch 

If there is one that needs to be served, 

serve it. 

If one is in effect, has a violation taken 

place? 



6

Violation of an injunction 

F.S.S. 941.31 covers this area. 

You are required to enforce an injunction. 

Check Policy 321.01 



7

While an injunction is in effect 

The person named on the injunction can 

not possess firearms or ammunition. 

Deputies must take charge and store the 

firearms and ammunition. 



8

While an injunction is in effect (cont.) 

Exception for Law Enforcement officers 

FSS 741.31(4)(b)2 states “…this paragraph shall 

not apply to a state of local officer as defined in 

FSS 943.10(14), holding an active certification, 

who receives or possesses a firearm or 

ammunition for use in performing official duties 

on behalf of the officer’s s employing agency, 

unless otherwise prohibited by the employing 

agency. 



9

You get the Domestic Disturbance 

call 

Responding/while en-route try to find out: 

• Weapons involved or in the area 

• Both parties still there – if one is leaving 

get description, D.O.T. etc. 

• Is Fire Rescue responding? 

• Is an injunction in effect? 

• Premise history/any B.O.L.O. on 

residences 



10

You arrive at the scene 

Your safety is the most important thing 

Wait for back up, if immediate action 

is required - take it. 

Stop and listen as you walk up 

Remember the one up rule… if the entire 

family is involved, more deputies may be 

needed. 



11

Separate the parties 

Arguing while you are there is not going 

to stop unless you take control. 

Secure the scene and if Fire Rescue is 

staging advise them to respond to treat 

injured. 



12

Interview Everyone 

Talk to both parties– understand that the 

person may be impaired by drugs or 

alcohol 

Talk to children -- future victims and 

abusers 

Are there are any witnesses? 

Get written statements -- sometimes the 

story changes the next day. 



13

Evidence 

What is evidence? Anything used in the 

crime 

Collect whatever it is … lamp, frying pan.. 

Take photos: suspect, victim, the scene… 

Victim Assistance can assist by arranging 

for additional photos to be taken a day or 

two later, as bruising or injuries may not 

be apparent on scene. 



14

What next? 

If crime has occurred, make an arrest. 

Separating the parties in the old 24 hour 

divorce may sound like a good idea, but 

you will be held accountable should the 

party return and injure or kill the other 

person. This just encourages the actions 

to continue and you will have to come 

back another time. 

Victim Assistance can be called to 

transport to safe space 



15

F.S.S. 741.29 (4) (b) 

 

“If a law enforcement officer has probable cause 

to believe that two or more persons have 

committed a misdemeanor or felony, or if two or 

more persons make complaints to the officer, 

the officer shall try to determine who was 

the primary aggressor. Arrest is the preferred 

response only with respect to the primary 

aggressor and not the preferred response with 

respect to a person who acts in a reasonable 

manner to protect or defend oneself or another 

family or household member from domestic 

violence.” 



16

If no crime or arrest 

Offer solutions and explain services 

offered. 

Complete report --- protects against 

complaints, and reduces liability. 



17

Revision of F.S.S 784.041 

 

F.S.S 784.041 Abstract 

 

“Felony battery; domestic battery by strangulation. (2)(a) A 

person commits domestic battery by strangulation if the person 

knowingly and intentionally, against the will of another, impedes 

the normal breathing or circulation of the blood of a family or 

household member or of a person with whom he or she is in a 

dating relationship, so as to create a risk of or cause great bodily 

harm by applying pressure on the throat or neck of the other 

person or by blocking the nose or mouth.“ 

 

Is now a 3 rd degree felony: 

“A person who commits felony battery or domestic battery by 

strangulation commits a felony of the third degree, punishable 

as provided in s. 775.082, s. 775.083, or s. 775.084. “ 



18

The aftermath of a domestic 

violence call 

Victim services 

If a victim’s s injuries are serious enough to 

require transport to the hospital, please 

call victim services to respond to the E.R. 



19

Thank You! 

Thank you for taking this online 

presentation of Domestic Violence Review. 

If you have any questions please contact 

Barbara Rockwell at 

brockwel@sheriff.martin.fl.us or your 

designated training unit at: 220-7007 or 

220-7244 


Domestic Violence Review 20

Domestic Violence - Martin County, Florida

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