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Urgent: What Police Need For Domestic Violence Arrests

Quick answer

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.

Excerpt summaries from the video and transcripts · how we make them

Answered by Stuart Kirchick · San Jose, CA

Highlights

0:50

— why police don't need to see an injury to make an arrest

1:10

— how officers try to identify the aggressor between two accounts

2:10

— why policy shifted to requiring an arrest to break the cycle

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.

→ Full interview on Attorneys.Media

Contact Stuart Kirchick
Answered by

Stuart Kirchick
The Law Offices of Stuart D. Kirchick

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