blog home Domestic Violence Could Risk Assessment Questions Have Saved Gabby Petito? Legal Lessons for Los Angeles

Could Risk Assessment Questions Have Saved Gabby Petito? Legal Lessons for Los Angeles

By Los Angeles Criminal Defense Attorney on February 10, 2025

The tragic death of Gabby Petito in 2021 captured national attention due to the heartbreaking outcome and because of the clear missed red flags during law enforcement encounters prior to her death.

In the aftermath, legal professionals, victim advocates, and policymakers began asking if standardized domestic violence risk assessment protocols could have changed the course of events.

As jurisdictions across the country push for improved domestic abuse prevention tools, Los Angeles finds itself at a crossroads. How law enforcement responds to domestic violence (DV) calls—and how courts handle these cases—is under increasing scrutiny.

At Werksman Jackson & Quinn LLP, our legal team recognizes that these changes could dramatically affect victim protection and reshape prosecution and defense strategies in California courts.

The Role of Risk Assessments in Domestic Violence Cases

A domestic violence risk assessment is a structured set of questions or evaluation tools designed to help law enforcement identify when a victim is at heightened risk of serious harm or homicide.

These assessments move beyond surface-level observations and dig into patterns of control, escalation, prior incidents, and psychological abuse—factors that standard police reports often miss.

In Gabby Petito’s case, bodycam footage revealed that officers encountered signs of distress yet lacked a standardized framework to recognize the potential danger she faced. A proper DV screening may have flagged critical indicators that could have led to intervention.

Now, cities like Los Angeles are evaluating whether implementing more consistent domestic abuse prevention tools could prevent similar tragedies.

What are the Current LAPD Protocols for Domestic Violence?

The LAPD DV protocols outline specific procedures for responding to domestic violence calls. Officers are trained to do the following:

• Separate parties during interviews
• Look for visible injuries
• Determine if there’s probable cause for arrest under California’s mandatory arrest laws
• Provide victims with resource information

While these steps offer a foundation, critics argue that LAPD—like many departments—relies too heavily on immediate physical evidence and visible signs of violence. This causes emotional abuse, coercive control, stalking behaviors, and escalating threats to go undocumented often.

Thus, without a formal domestic violence risk assessment in Los Angeles, officers may unknowingly leave victims vulnerable to future harm.

The Push for California DV Reform

Following national attention on cases like Gabby Petito’s, there has been growing momentum for California DV reform. Advocates are calling for the adoption of evidence-based risk assessment models, such as:

• The Danger Assessment (DA) is a widely used questionnaire that helps predict the likelihood of lethal outcomes in domestic violence situations.
• Lethality Assessment Programs (LAPs) are a list of protocols where officers ask standardized questions during DV calls to evaluate immediate danger and connect victims with services.

If reform is adopted in Los Angeles, these tools could:

• Improve early detection of high-risk situations
• Guide law enforcement decisions beyond visible injuries
• Influence bail determinations, protective orders, and court-imposed conditions

How Risk Assessments Influence Prosecution and Defense

The introduction of standardized risk tools would change police responses and reshape how DV cases are prosecuted and defended in California courts.

Prosecution Strategy

Prosecutors could lean heavily on risk assessment findings to justify aggressive charges, no-contact orders, or enhanced sentencing recommendations. Even in cases where physical evidence is minimal, a high-risk score could be used to argue for pre-trial detention or restrictive conditions.

Defense Strategy

For those accused of domestic violence, these evolving protocols present new challenges:

• Challenging subjective data. Risk assessments often rely on victim statements and officer interpretations. A Los Angeles DV attorney must scrutinize how these assessments were conducted and whether they unfairly slanted the case.
• Preventing overreach. There’s a danger that risk scores could replace individualized justice, leading to harsher penalties based on predictive models rather than actual evidence.
• Advocating for due process. As California courts adjust to these tools, defense counsel must ensure that defendants’ constitutional rights are not sidelined in favor of risk-averse policies.

At Werksman Jackson & Quinn LLP, we are prepared to challenge the misuse of risk assessments while respecting the importance of victim protection.

Balancing Victim Safety with Fair Legal Processes

The lessons from the Gabby Petito DV screening conversation highlight a critical truth—better tools are needed to protect those at risk. However, as Los Angeles considers integrating domestic abuse prevention tools into standard practice, it’s essential that reforms strike a balance.

Key considerations for policymakers to consider include:

• Transparency: Risk assessment tools must be open to legal scrutiny, and defense lawyers should have access to how scores were calculated and have the opportunity to contest inaccuracies.
• Avoiding presumptions of guilt: High-risk assessments should inform protective measures, but they should not substitute for proof in criminal proceedings.
• Ongoing training: Both law enforcement and legal professionals must be trained to understand the limitations of these tools.

What This Means for Individuals Accused of Domestic Violence

If you’re facing a domestic violence accusation in Los Angeles today, understanding how LAPD DV protocols and potential reforms impact your case is crucial. Even before new legislation passes, law enforcement agencies are informally adopting elements of risk-based evaluations.

This could mean:

• Stricter bail conditions
• Increased likelihood of protective orders
• Prosecutors pushing for more severe charges based on perceived future risk

Without an experienced Los Angeles DV attorney, defendants risk being swept up in policies designed with good intentions but applied without nuance.

How Werksman Jackson & Quinn LLP Can Help

At Werksman Jackson & Quinn LLP, we bring decades of experience defending clients in complex cases with high stakes, including domestic violence matters influenced by evolving legal standards.

Our legal team understands the intersection of public policy, law enforcement practices, and individual rights and is prepared to provide strategic legal defense tailored to protect your freedom, reputation, and future.

Speak with Our Experienced DV Defense Attorneys in Los Angeles

You must act quickly if you’re facing domestic violence charges or believe you’re under investigation. The legal landscape is shifting, and you need a defense team that stays ahead of the curve.

When your freedom and reputation are on the line, trust the firm that excels in the courtroom and in the court of public opinion—call Werksman Jackson & Quinn LLP at (213) 688-0460 for a confidential consultation.

Our lawyers understand how domestic violence risk assessments in Los Angeles are shaping prosecutions, and we know how to fight back when they’re misapplied.