Fl. Statute 741.29

I have a serious question for any law enforement officers that might read this…recently two women I know had domestic violence situations and in BOTH cases the deputies involved DID NOT follow through with Fl State Statute 741.29. Has Florida done away with that statute? What about the DV PSAs that the SAO and the SO (Bill Eddins and McNesby) were running ALL THE TIME on WEAR??? Was that just lip service because I saw two busted lips on two different victims this week and none of the orders in 741.29 were followed.

BTW, both situations happened in Escambia Co.

Florida Statute 741.29 provides that law enforcement officers responding to abuse complaints shall:

Assist the victim in obtaining medical treatment if necessary.

Advise the victim of the location of the nearest domestic violence center.
Advise the victim of his/her legal rights and remedies in writing on a standard form to include the
address and phone number of the local domestic violence center and the right to file a complaint for an injunction.

The officer will also file a written report of the incident with his/her department.

I have a serious question for any law enforement officers that might read this…recently two women I know had domestic violence situations and in BOTH cases the deputies involved DID NOT follow through with Fl State Statute 741.29. Has Florida done away with that statute? What about the DV PSAs that the SAO and the SO (Bill Eddins and McNesby) were running ALL THE TIME on WEAR??? Was that just lip service because I saw two busted lips on two different victims this week and none of the orders in 741.29 were followed.

BTW, both situations happened in Escambia Co.

Your first respondant failed to include that the officer in a DV investigation must determine if the parties involved live together now or have ever in the past as a couple, are blood related or have a child in common. If a battery has occured the primary aggressor must be determined and if and when these and other factors are determined, the stautes dictate that an arrest "will" be made. Submitting a report will not work, who ever this officer was didn't do his job or your not telling all the facts as they are. I hope this helped you!

You better check your statutes, or ask your FTO since you are obviously not out of FTO yet.

The statute does not require that an arrest be made. In fact, policy does not REQUIRE that an arrest be made, either, only that an arrest is the "preffered response".

The statute requires only that if an arrest is not made, or if both parties are arrested, it be documented in the report why the officer took those actions.

The officer maintains the descretion in these cases.

You better check your statutes, or ask your FTO since you are obviously not out of FTO yet.

The statute does not require that an arrest be made. In fact, policy does not REQUIRE that an arrest be made, either, only that an arrest is the "preffered response".

The statute requires only that if an arrest is not made, or if both parties are arrested, it be documented in the report why the officer took those actions.

The officer maintains the descretion in these cases.

Evidently you are either a high 400 number or maybe even a Detention...Oh! excuse me..Corrections Officer who is not seasoned enough to make their own decisions yet and has too...."whaa...whaa...back to the skirt of their "FTO"...."You are absolutely correct!" statute does not require that an arrrest be made in every DV complaint but you need to understand that when the statute says"arrest is preferred response" that's the states way of saying that if you have determined the "primary aggressor" you need to make the arrest! And by the way....when does policy supercede statute?........."NEVER!".......Yep!.....I think your a 400 number...."CO's" are a little smarter!!!

I think the point is dont M.I.R. something that requires police service. Put his or her butt in jail if it's warranted.

The statute doesnt say it is the preferred response...only policy says that.

And I would take a corrections officer backing me up over your overinflated ego anyday.

The statute doesnt say it is the preferred response...only policy says that.

And I would take a corrections officer backing me up over your overinflated ego anyday.

Well it's evident that you didn't do your research hot shot, look in FSS 741.29(4)(b) second sentence it reads "Arrest is the preferred response only with respect to the primary aggressor", do your homework hot shot! Maybe your the one that needs to go back to a FTO, that is if you are really a cop! I pegged you from the start...........how high is your number.......430+?........

I stand corrected on the statute saying it is the preffered response..I see that it does.

But I stick with my statement of the officer having descretion. If the battery was minor, and the victim doesnt want to persue charges, why make the arrest?

I dont know of any case that has occurred where there was evidence to support an arrest, the victim wanted to pursue charge and teh deputy flat out refused to make an arrest.

I stand corrected on the statute saying it is the preffered response..I see that it does.

But I stick with my statement of the officer having descretion. If the battery was minor, and the victim doesnt want to persue charges, why make the arrest?

I dont know of any case that has occurred where there was evidence to support an arrest, the victim wanted to pursue charge and teh deputy flat out refused to make an arrest.

I agree with you, and if "probable cause" does not exist the deputy shouldn't make an arrest. If the victim is not satisfied about the deputies decision based on probable cause, they(the victim) have the right to obtain a copy of the report and present it themselves to the SAO for review and let the SAO make the determination at that point.