Unless authorized otherwise by a prosecutor, the police are required to arrest a person if they have reasonable cause to believe that person has committed domestic violence, violated a domestic violence protective order, or violated a condition of release in a domestic violence case. If a peace officer receives complaints of domestic violence from more than one person arising from the same incident, the officer will evaluate the conduct of each person to determine who was the principal physical aggressor. If the officer determines that one person was the principal physical aggressor, the other person will not be arrested. In determining whether a person is a principal physical aggressor, the officer will consider:
prior complaints of domestic violence
the relative severity of the injuries inflicted on each person
the likelihood of future injury from domestic violence to each person
whether one of the persons acted in defense of self or others
If you believe the assailant should be arrested, you will need to provide evidence that you have been assaulted or that you are afraid of an imminent assault, and what your relationship with the assailant is. This evidence might include:
showing the police injuries, broken furniture or dishes
providing them with the names of neighbors who witnessed the assault
telling them what your relationship with the assailant is
making statements about threats that the assailant has made and why you believe he would carry them out
stating that you are afraid of the assailant
The calmer you are and the more detailed the account you give the police, the more likely they will arrest. It may be helpful to indicate if children were present at the time of the assault, or if weapons are kept in the household. If the perpetrator has left the scene, the police may be willing to look for him, if you tell them where he has gone.
Following arrest, the perpetrator is usually released from jail with a "no contact order" which bars him from contacting the victim. You can call the jail (465-___) to ask them to call you before they release the abuser. Perpetrators are to be held in jail until arraignment, unless they are released on bail or their own recognizance.
The CBJ Law Department has a policy to review and prosecute all domestic violence cases that can be proven, whether the victim participates or not. If you wish to participate in prosecution, call the City Attorney’s office (586-5242). If the defendant has been arrested and you call before noon the next business day, the City Attorney can act on the case while the perpetrator is in custody. You can also call the City Attorney’s office at any time after an assault to ask that CBJ press charges, whether the police have written a report or not. However, if the defendant is no longer in custody, there will be delays in charging.
To prosecute the assailant, either at that time or later on, you can take the following steps to assist the Law Department in their case:
Request that the police or health care provider take pictures of any injuries you received.
The City Attorney’ s Litigation Assistant can also take pictures. Bruises are best photographed 2-3 days after the assault.
Request that the police or health care provider include specific statements by you or the assailant in their report. These statements might include things like "John, my husband, hit me in the face with his closed fist." The more explicit you are in describing the assault, the better case the City Attorney can make, whether you are able to participate in the prosecution or not.
Keep a log of threats, harassment, menacing or assaults, and who might have witnessed them.
Call the police every time there. s an assault or violation of a protective order.
Call the police as early as possible after an assault.
If a child is injured in an assault against you, call the Division of Family and Youth Services at 465-____ immediately. This not only provides additional evidence of an assault, but indicates that you have taken steps to protect your child.
Perpetrators sometime retaliate after the police have been called or if the victim participates in the police investigation or the City Attorney’s prosecution. Perpetrators frequently threaten or coerce victims to recant or refuse to participate in prosecution. The police or City Attorney can not guarantee safety during an investigation or trial. Only the victim can determine if it is safe enough to participate in the criminal proceedings. Employers or others providing support should never require a police report or prosecution. Safety planning is essential for the victim during this time.
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