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Lawmakers Seek Added Protections For Dating Violence Victims

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By CATHERINE DOLINSKI | The Tampa Tribune

Published: March 12, 2009

Moved by the story of a terrorized local woman, Tampa Bay area legislators are pushing to increase legal protections for victims of abuse or harassment by someone they dated.

Florida law defines "domestic violence" as abuse committed by a spouse or longtime live-in partner; victims of domestic abuse can request protective legal orders directing their abuser to stay away from the petitioner and his or her property.

Someone abused or harassed by someone he or she dated can also obtain a protective order, and some of those restrictions already appear on orders Florida courts grant to victims of dating violence. But authorities cannot enforce those restrictions because they are not part of the dating violence statute, said Julie Ann Rivers-Cochran, vice president of programs and planning at the Florida Coalition Against Domestic Violence.

"In order to make an arrest, it has to be in statute – and as it is right now, [authorities] do not have authority to make the arrest," Rivers-Cochran said.

Provisions in the domestic violence law that are not in the dating violence statute include:

• Coming within 500 feet of the petitioner's residence, school or work place.

• Coming within 100 feet of the petitioner's car.

• Defacing or destroying the petitioner's personal property.

• Refusing to surrender firearms or ammunition if ordered to do so by the court.

Violating the order is a first-degree misdemeanor.

That is why she said the coalition supports legislation from Sen. Mike Fasano and Rep. Janet Long, which would empower law enforcement to protect victims of domestic and dating violence equally.

Fasano, R-New Port Richey, said he filed the legislation after receiving a letter in 2007 from a single mother living in the Palm Harbor area.

According to the letter, provided by Fasano's office, the woman began dating a man in 2006 who "became psychotic" when he began mixing a prescription amphetamine with binge drinking. "He tried to strangle me and pushed me around and I broke up with him and I filed a restraining order," wrote the woman, who could not be reached this week for an interview.

When the man then showed up in the parking lot of her place of work, "the police said they could not arrest him," she wrote – even though "the restraining order says on it he is not allowed to be within 500 feet of my business, home and 100 feet from my car."

Fasano and Long, D-St. Petersburg, proposed last year to beef up protection for dating abuse victims, but the legislation stalled. "That's why we're pushing this one early on," Fasano said. "It's good policy; it's going to protect victims, and it's a great bill that comes from an individual in our area who knows about this issue firsthand."

His bill has cleared one committee and awaits one more Senate panel's approval. Long won approval for her version from a second House committee last week; that bill has two more committee stops.

During the last House committee hearing, Rep. Kevin Ambler raised concerns about the portion of the bill that would prohibit someone from being within 100 feet of a victim's car, even if it is unoccupied.

Ambler, R-Lutz, explained afterward that he does not object to granting equal protections to unmarried victims of abuse. He is concerned, he said, that the proximity restriction could be abused by the petitioner — whether they were married to the other person, or just dated them.

"You could plant a vehicle outside of someone's home, or outside where they work, to set them up," he said. "We see in court all the time how the domestic violence injunctions can be used offensively, not defensively."

Ambler said he wants to re-visit the issue later this session, and may suggest taking out the footage restriction already in statute for married victims.

Fasano said he "respectfully disagreed" with Ambler. "If a person has a court order telling them to stay away [from] this individual because you're harassing her, what are you hanging around her car for? They shouldn't be near the victim's car, home or place of employment."

Reporter Catherine Dolinski can be reached at (850) 222-8382.

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