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.

If the police are doing such a good job on DV then why is so much of it going on. There are tons of DV events that don't result in prosecution here. What is wrong with this place?

The point of the initial post in this thread is that, arrest or no arrest, the officer is required to complete reports (a call was made and answered), and required to give the necessary paperwork to the victim(s) - failure to do so means that the deputy violated the law .

If the police are doing such a good job on DV then why is so much of it going on. There are tons of DV events that don't result in prosecution here. What is wrong with this place?

Why is there so much DV in Escambia County? Well we have a lot of low class, ignorant people here, the more of them you have , the more DV calls you will have.That is not politically correct, but it is the TRUTH.

If the police are doing such a good job on DV then why is so much of it going on. There are tons of DV events that don't result in prosecution here. What is wrong with this place?

Here we go again. That's it. Go ahead and blame the Police. Its the cops fault people smoke crack. Its the cops fault people steal. Its the cops fault that men abuse their spouses....

I'm going out on a limb here and saying that maybe 1 out of 100 domestic violence arrests result in the victim showing up to court against the offender.

Things were better before all this Domestic Violence BS. Smack the hoe around, aint our problem. You don't like getting smacked around then MOVE OUT THE HOUSE.

To Real Cop,

I agree that we're blamed for everything that happens but the rest of your post explains the very reason that the D/V statutes were enacted in the first place.

No, cops aren't to blame because victims don't show up for court, nor are we to blame when the SA's office drops charges. But many of us are/were to blame for years of attitudes like yours that blamed the victim for staying in a situation that they might not know how to get out of. We were guilty of not being able to put ourselves in someone elses shoes and assuming that if they stayed, they liked the beatings. We (some of us, not all) MIR'd DV's instead of documenting the abuse. We didn't make arrests because we made ignorant assumptions like yours.

We might not be able to keep the victims from returning, but we can damned sure make certain it won't happen again that night. You get tired of going back to the same addresses? You get paid the same whether you're writing a traffic citation or working a homicide, and maybe if some of us could recognize why they keep going back we might have worked one less DV homicide.

It may be time for you to retire, Real Cop. We may not be able to protect DV victims from their abusers but I think we need to protect them from your 1950's attitude. Your attitude is the very reason that we were mandated to take action by the legislature.

If the police are doing such a good job on DV then why is so much of it going on. There are tons of DV events that don't result in prosecution here. What is wrong with this place?

Why is there so much DV in Escambia County? Well we have a lot of low class, ignorant people here, the more of them you have , the more DV calls you will have.That is not politically correct, but it is the TRUTH.F#*K "political correctness! That's what is wrong with our country now! Some people get their feelings hurt so the rest of us have to a"sugar coat" our words. Well not me, if I hurt your feelings with what I say, then there must be a lot of truth to the words. Our country needs to get back to the principles it was built on and quit "bowing down" to every bleeding heart liberal who now dictates to us about the way we express ourselves just because a chosen few are too timid to hear the words of truth! White is white, black is black, good is good, bad is bad and so on and so on! And that's the way it is!! We need to quit "tip toeing" around every "candy ass" with sensitive skin and bring our country back to the standards and morals it was built on! We had a much better country then and it's time for a turn around. Like the Prime Minister of Australia said, "The United States needs to grow some backbone again! If you don't like the way things are then "MOVE OUT!"