Urgent: What Police Need For Domestic Violence Arrests
What do police need to make a domestic-violence arrest? Less than you'd think, explains San Jose attorney Stuart Kirchick—they needn't see any injury. A complainant's report of a battery can suffice. Officers are mandated to arrest the aggressor, and if the account is mutual, both may be jailed while the DA sorts charges. Mandatory arrest exists to break the cycle.
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Answered by Stuart Kirchick · San Jose, CA
Highlights
Frequently Asked Questions
What do police need for a DV arrest?
Less than you'd think—they needn't see any injury, since a complainant's report of a battery can suffice.
How do officers pick who to arrest?
They try to identify the aggressor between two accounts, and if the account is mutual both may be jailed while the DA sorts charges.
Why is arrest often mandatory?
Because policy shifted to requiring an arrest to break the cycle of repeated domestic violence.
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