If a spouse calls 911 and police comes , then how is the arrest process goes from there ? If the victim says to police that he/she was attacked by other and the other spouse also says the same or similar thing then how Police decided whom to arrest ? how the process goes from there?
2006-12-25 13:06:28 · 9 answers · asked by ron s 1 in Politics & Government ➔ Law Enforcement & Police
First they must find out if a crime even had occurred (i.e. physical evidence/witnesses) then they must determine who the primary aggressor is. That can be determined by who started what first, and both parties deameanor. then law enforcement makes a jugement call and then the arrest occurres.
2006-12-25 13:58:09 · answer #1 · answered by Cpl Coop 2 · 0⤊ 0⤋
There are several things that we take into account when answering domestic violence calls and making arrests. We don't just make an arrest just because one spouse accuses another spouse of an assault or battery. We take into account evidence we see and hear at the scene. We look at injuries to see if they are consistent with what the story is. We can tell if an injury is self inflicted or done by another. We listen to other witnesses and what they have to say. With that said, we then make a decision to arrest or not to arrest. Sometimes we arrest the primary aggressor, sometimes we arrest both parties. It just depends on each situation. I don't know enough about your incident to give you a good answer. Hopefully the aforementioned will help. If both parties were arrested they would be jailed, given a bond and a court date, and would have to appear in court.
2006-12-25 13:17:18 · answer #2 · answered by gablueliner 3 · 0⤊ 0⤋
Many times this has happened to anyone with a badge and gun. If there are two people who are claiming that the other struck them and there are no witnesses you need to determine who the primary aggressor is. This is not always easy. Sometimes the person with the actual injury is not the person responsible for the incident. It can sometimes be a tough call. If both parties are claiming violence and there are no visible injuries to either party and there are no witnesses, then you will generally not make an arrest. In my state the person arrested automatically spends the night in jail in an effort to enforce a "cooling off" period. We then instruct both parties on how to obtain a domestic violence injunction if necessary.
2006-12-25 13:14:48 · answer #3 · answered by mikey 3 · 2⤊ 0⤋
Each state has a different stance on the issue. Most states implore law enforcement officers to arrest the primary aggressor, usually determined to be the one that isn't bleeding.
2006-12-25 13:16:01 · answer #4 · answered by ryansmom 1 · 0⤊ 0⤋
When I was married to my ex-husband who beat me, cops would do nothing unless they saw the abuse personally.
Now cops usually arrest one or the other party depending on the injuries and damages. Studies have shown this to be the better way. Sometimes it helps shake the people up and they separate and or divorce. Or they choose to get counseling help.
2006-12-25 13:50:37 · answer #5 · answered by redunicorn 7 · 0⤊ 0⤋
I have watched enough cops shows to know that they can usually tell who is lying and who isn't. It also depends on the amount of injuries the complaintant has sustained but usually when a call is made someone is arrested.
2006-12-25 13:12:32 · answer #6 · answered by ursula_higgs 3 · 1⤊ 0⤋
The police look for physcial evidence, And the police officer will decide who they arrest.
2006-12-25 13:13:12 · answer #7 · answered by Anonymous · 1⤊ 0⤋
unfortunately, the person who appears the most abused or appears to be the most in control of their emotions will stay out of cuffs.
2006-12-25 13:16:27 · answer #8 · answered by jean grey 6 · 0⤊ 0⤋
NO MATTER WHAT THE MANS WRONG AND TAKEN TO JAIL
2006-12-25 13:23:43 · answer #9 · answered by STOP CORRUPTION NOW 2 · 0⤊ 1⤋