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a friend of mine is in a really bad relationship. she dosent want him arrested, but i told her that she needs to make a report so when it happens again, they know it isnt the first time. can she do that wtihout puting him in jail?

2007-08-08 16:24:30 · 22 answers · asked by Anonymous in Politics & Government Law Enforcement & Police

22 answers

Here's the problem, Officers responding to the scene must make the determination whether there is evidence of domestic violence (273.5(a) pc California, a Felony offense). If the Officers see any signs of battery, such as bruising, scratch marks, redness due to a slap, etc, then they must do what they feel is best for the victim. It would be unethical and dangerous to leave a victim and abuser together regardless of whether or not the victim actually wants to press charges. The repsponding Officer MUST act in accordance to the law.

2007-08-08 16:50:59 · answer #1 · answered by R0lex 7 1 · 3 0

1

2016-06-03 22:00:58 · answer #2 · answered by Roland 3 · 0 0

If he doesn't leave a mark then I think so - But why waste the cops time, that really pisses them off when you call them but don't do anything. but it's hard to say, each state is different, but I think nationwide if there is a mark on either party the other will go to jail no matter what.
She needs to get out of the relationship before she seriously gets hurt or killed. If he is threatening to kill her if she leaves there isn't a difference if she stays because he can beat the crap out of her one night and kill her. I know its an extremely tough situation, and scary for her to make that decision. It's really good that you are trying to help her so she knows she has a support system. Just keep bein there for her. best of luck

2007-08-08 16:32:58 · answer #3 · answered by Kmmv 5 · 1 0

No, if the police are called to come investigate a domestic situation, they will arrest someone. Otherwise, the liability alone would kill them. What would happen if they left the husband there and later that night, he injured or killed her? Her or her estate would have a field day.

But that's not the main point here. She is allowing this man to beat her and she feels sorry for him or is afraid of what will happen to him. As her friend, encourage her to go to counseling so someone in her life she trusts (and perhaps will listen to even better than you) can speak some truth into her life and get her to a point where she will expect to be treated better than she is now.

2007-08-08 16:28:31 · answer #4 · answered by bkc99xx 6 · 3 0

It depends on where you are at. In Iowa, for example, domestic abuse has lost almost all of the descretion that we have as officers. If there is a mark on one half of the parties involved, its mandatory that we take someone to jail. If both parties have a mark, both go to jail. No marks, it goes with their statements and then we have to refer it to the county attorney to see what they want to do.

If she is in a bad relationship, have her report it to the police. Best bet, she needs to get out of the relationship. Trust me, I have seen it many times before, if we get called for a domestic once, we will get called again. End it while she can.

2007-08-08 16:38:43 · answer #5 · answered by River 4 · 2 0

If she wants to do it that way, she should not call 911. She should go in to the police station during normal working hours and ask to file a report. Check local laws though - an arrest may be required no matter what.

She shouldn't stay with him, y'know.

2007-08-08 16:30:09 · answer #6 · answered by Anonymous · 2 0

No, if you call the police, your hubby will be arrested. Even if you don't press charges, if the police sees any bruises or marks on you leading him/her to believe that you were beaten, the officer must arrest your husband for domestic violence.This is mandatory in many states.

2007-08-09 00:37:25 · answer #7 · answered by WC 7 · 0 0

Nor in Washington state- if the cops roll on a domestic dispute call, somebody's going to jail.

2007-08-09 03:47:08 · answer #8 · answered by sirbobby98121 7 · 0 0

She shouldn't be worrying about that. That's codependent. Get her a copy of Codependent No More by Melanie Beatty.

She needs to say that his fate went out of her hands the second he put his hands on her. His fate is what he CHOOSES it to be and if he hits someone, he goes to jail. That's how these things work in our society.

Hopefully she'll learn that before he kills her.

2007-08-08 16:32:05 · answer #9 · answered by Cerulean 3 · 2 0

It depends on where you live. In CA, if there is visible damage... a scratch, a bruise, swelling, bleading... on the victim, the offender will be arrested.

She needs to stop being so darned afraid and call the cops on his mean butt!

2007-08-08 19:48:39 · answer #10 · answered by Amy S 6 · 1 0

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