Police Officers Often Feel Pressure to Make an Arrest in Domestic Violence Calls

It’s late at night, and a 911 call comes in reporting yelling and screaming coming from an apartment. Two police officers are dispatched to the scene, expecting to encounter a heated domestic dispute. They knock on the door, and a couple answers—a man and a woman, both appearing anxious and flustered. The officers separate the two and get each side of the story. The couple was arguing, but both parties state no physical violence occurred. However, the officers notice the woman has a fresh bruise on her arm, while the man has red marks on his neck.

Even though neither side claims they want to press charges, the officers feel pressure to make an arrest. In their minds, it’s not a question of if they should make an arrest but who they should arrest—the man or the woman.

This fictional scenario represents a common dilemma facing police officers responding to domestic violence calls in Florida and nationwide. Often, officers feel obligated to make an arrest, even when the supposed “victim” makes no allegation of a crime.

Why Police Tend to Arrest Someone on Domestic Violence Calls

There are several reasons why police officers frequently feel compelled to make an arrest when responding to a domestic dispute, even if the people involved do not desire any criminal charges:

Mandatory and Preferred Arrest Policies

Mandatory and preferred arrest policies are different. In Florida, officers may arrest someone when they have probable cause to believe that person committed domestic violence, even if the alleged victim does not want an arrest. Under Florida Statute § 741.29, officers must try to identify the primary aggressor when both parties make complaints or appear to have committed an offense. Arrest is the preferred response for the primary aggressor. Department policies cannot replace the need for probable cause.

Fear of Legal Liability

Police agencies worry about civil liability if they fail to arrest an abuser who later seriously injures or kills the victim. By making an arrest, officers can claim they took appropriate action under the circumstances.

Institutional Pressure

Street cops do not make decisions in a vacuum. They may feel subtle (or not so subtle) institutional pressure to make arrests in domestic disputes. After all, the community judges a police department’s effectiveness in combating domestic violence by its arrest statistics. From an officer’s perspective, it’s better to arrest somebody and let the court sort it out later rather than risk accusations of not taking domestic violence seriously.

Personal Distaste of Domestic Violence

Many officers have a strong personal distaste for domestic abusers. They may feel an arrest is morally justified, even if the law does not absolutely require it.

Self-Protection Instinct

Domestic disputes are some of the most dangerous calls for police officers. Emotions run hot, and officers often step into highly volatile situations. Making an arrest allows the officers to instantly assert control over the scene. This enhances their safety.

How Police Decide Which Party to Arrest

State domestic violence laws are gender-neutral. However, some officers subconsciously default to arresting the man as the “aggressor.” This is a questionable approach. The better practice is to objectively evaluate the specific circumstances of each call:

  • Look at any visible injuries. While minor marks alone should not dictate the outcome, injuries can provide clues about which party acted as the primary aggressor. Injuries to both parties can also bolster a self-defense claim.
  • Interview witnesses. Disinterested third-party witnesses, such as neighbors, can provide objective facts to guide the arrest decision.
  • Consider the likelihood of future harm. Police should think about whether one party poses a greater continuing danger. For example, arresting a physically dominant abuser may prevent more serious violence.
  • Observe demeanor in context. Anger, fear, or a calm manner does not establish who committed an offense. Officers should weigh each person’s behavior alongside physical evidence, witness accounts, and the rest of the investigation.
  • Verify incentives to lie or exaggerate. People involved in a domestic dispute may downplay or deny abuse to avoid arresting their partner (or to obtain revenge). Officers must consider biases.
  • Ask about the history. Officers should ask about the relationship history, prior abuse, and previous police responses. This context offers insight into the predominant aggressor.
  • Avoid gender stereotypes. Police should not assume the man battered the woman simply because of traditional gender roles. Women can also abuse men.
  • Resist pressure to conform. Officers should arrest the appropriate party based on the specific circumstances—not external pressure.

Why Arresting Both Parties is Problematic

Some officers take the easy route by arresting both the man and woman when responding to a domestic call. Dual arrests require less time on scene investigating who was the primary aggressor.

However, reflexively arresting both parties is troubling for several reasons:

  • The victim could be subjected to the trauma of unnecessary arrest. This undermines trust in police.
  • It skews domestic violence statistics by classifying the victim as an “offender.”
  • The primary aggressor often avoids accountability.
  • It punishes a person who may have acted in self-defense.
  • The police department looks incompetent and biased.
  • Making dual arrests uses additional resources to jail two people instead of just the abuser.

Officers should investigate each person’s account and assess whether there is probable cause to arrest that person. Uncertainty about who started the incident does not, by itself, justify arresting both people. Florida law strongly discourages dual arrests, favors arresting the primary aggressor, and requires officers to document their reasons when they arrest more than one party.

What Happens After an Arrest?

So what happens after police slap on the handcuffs in a domestic violence call?

The accused person is transported to jail and must remain in custody until brought before the court for a bail decision. Prosecutors decide whether to file formal criminal charges. Our guide to posting bail in domestic violence cases explains the release process and conditions the judge may impose, such as a no-contact order.

Domestic violence defendants have legal rights and protections. An experienced criminal defense lawyer can challenge improper police conduct and constitutional violations that may have occurred during and after the arrest.

Some common legal issues in domestic violence arrests include:

Illegal Entry

Police generally need a warrant, valid consent, or a recognized exception to enter a home. During a domestic violence call, officers may enter without a warrant when circumstances justify emergency aid, such as an objectively reasonable belief that someone inside is seriously injured or faces imminent injury. If officers enter unlawfully, the defense may seek to suppress evidence obtained through that entry. Whether suppression is required depends on the facts and any applicable exceptions.

Miranda Violations

Police must provide Miranda warnings before subjecting a detained domestic violence suspect to custodial interrogation. Statements obtained in violation of Miranda can be excluded.

Insufficient Probable Cause

Officers must have sufficient facts establishing probable cause that the suspect committed domestic violence before making an arrest. If probable cause was lacking, the arrest was unlawful.

Excessive Force

Officers occasionally use excessive force when arresting domestic violence suspects. The accused can potentially sue the police department for using physical force beyond what the situation reasonably warranted.

Right to a Lawyer

During custodial interrogation, a suspect who clearly requests a lawyer invokes protections under Miranda, and police must stop questioning. The separate Sixth Amendment right to counsel attaches once formal criminal proceedings begin and applies to the charged offense. Whether police may later question the person depends on which right applies and whether the requirements for further questioning and a valid waiver have been met.

Talk to a Miami Domestic Violence Defense Attorney

Miami domestic violence attorneys know how to protect the rights of people accused of domestic abuse or battery. Police officers often feel obligated to make an arrest, even when the arrestee may actually be the victim.

If you face domestic violence charges in Miami-Dade County, contact my office for experienced legal representation. I offer free consultations to start developing your defense strategy. A domestic violence conviction carries harsh penalties like jail time, fines, a criminal record, and losing firearm rights.

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