In Washington State, a mandatory arrest for Domestic Violence depends on four things: age, elapsed time, type of crime, and who is the primary aggressor. In order for a crime to be labeled “Domestic Violence” there must also be a family or household relationship between the parties. If these conditions are met, the police have no choice and must make an arrest.
Age
In order for the mandatory arrest statute to apply, the person to be arrested must be sixteen years or older.
Elapsed Time
If less than four hours has elapsed since the alleged assault occurred.
Type of Crime
The officer must believe that one of the following: (i) A felonious assault has occurred; (ii) an assault has occurred which has resulted in bodily injury to the victim, whether the injury is observable by the responding officer or not; or (iii) that any physical action has occurred which was intended to cause another person reasonably to fear imminent serious bodily injury or death. Bodily injury means physical pain, illness, or an impairment of physical condition.
Primary Aggressor
If more than one person has been assaulted, the officer is not required to arrest everyone. The law requires the officer to make a determination of which party is the primary aggressor. To do this, the officer shall make every effort to consider: (i) The intent to protect victims of domestic violence under RCW 10.99.010; (ii) the comparative extent of injuries inflicted or serious threats creating fear of physical injury; and (iii) the history of domestic violence between the persons involved.
Family or household relationship
According to RCW 10.99.020(3), family or household members is defined as:
[S]pouses, former spouses, persons who have a child in common regardless of whether they have been married or have lived together at any time, adult persons related by blood or marriage, adult persons who are presently residing together or who have resided together in the past, persons sixteen years of age or older who are presently residing together or who have resided together in the past and who have or have had a dating relationship, persons sixteen years of age or older with whom a person sixteen years of age or older has or has had a dating relationship, and persons who have a biological or legal parent-child relationship, including stepparents and stepchildren and grandparents and grandchildren.
Conclusion
The law limits an officer’s discretion on when to make an arrest in Domestic Violence cases. If the above conditions are met, the officer has no choice - he must make an arrest. This is true even in cases where everyone involved does not want the arrest to happen. If you find yourself in this situation, don’t panic - won’t help. Remembering the following will help:
Don’t make any statements to the police. Everything you say can and will be used against you. The better way to go is to ask for a lawyer, even if you are innocent. Once you make your request, all questioning must stop. The fact that you ask for a lawyer cannot be used against you. A good lawyer can remove an incredible amount of stress from this situation and help resolve the situation as quickly as possible.
Copyright © 2007 The Cahoon Law Office - All Rights Reserved.
Leave a Reply