What is your opinion on Domestic Violence?

Question

Should Mandatory Arrest Policies in Domestic Violence Offenses Be Adopted?

Answer 1

"IsThisRight" gave a pretty good idea of how my own jurisdiction and state respond to domestic violence issues.

The problem is a two-way street where male and female members of families are subject to arrest when using violence in a domestic situation.

Because in most cases, in the past, the offense being a misdemeanor, the victim would be required to file charges and sign a warrant of arrest.

Today, however, if the officer can observe visible signs of injury or assault, he can make the arrest even though he didn't witness the assault.

Victims need to take a stand despite the uncertain future. There are plenty of people and agencies out here to assist those who leave a violent environment.

Good question.....best wishes.

Answer 2

Well, personally, I'm sick and tired of reading these stories of women that beat up on thier men. Sometimes, the guy even loses his 'package' over the deal (John Wayne Bobbit, for example).

I think we should definitely arrest any woman that hits a man.

The above was tounge in cheek. I don't know about your state, but mine already has a mandatory arrest policy. If you call in a domestic disturbance, and the cops find out that someone got physical, that person goes to jail. It doesn't need to be anything more than a threat. If you raise your fist, they will charge you, whether you take a swing or not. Also, there is no 'dropping the charges'. The state presses charges, not the wife, girlfriend, husband or boyfriend.

As a general rule, I like this law. I don't think people should solve problems of the heart with thier fists. If there are kids in the house, it's totally unforgivable. And, there is the obvious fact that most men are more suited to a physical altercation than women. I don't think a guy should hit a girl, no matter what she does (short of stabbing him or shooting him....).

Answer 3

This is a very difficult question. Blanket laws sometimes don't adjust to the real world. Sometimes there just needs to be a cooling down period between couples and one leaving would accomplish that. However arresting one would attach a dark cloud that would hang over the relationship and probably other aspects of the arrestee's life. However, the police cannot guarantee the safety of one person if another only promise to stay away for a time. With an arrest it is assured that there is separation.

If it happens to be a true case of violence ans not just a heated argument then by all means the perpetrator(s) should be locked up.

Answer 4

in most places in the states it is mandatory for an arrest to be made if there is domestic violence (actual violence) not just some name calling.

along with the arrest there is a 24 hour hold clause where the arrested person must be held for 24 hours to cool down.

the problem is that the tendency is to arrest the man no matter what the situation is. a lot of men go to jail becuase a woman hit them or attacked him.

the problem is also that it gives the woman to power to make a call and get someone they are mad at arrested for no reason. they need to make sure they prosecute any woman who is found lying to cut down on this

Answer 5

Domestic Violence in any shape or form is horrible -- and is a form of trying to control another.
Should it be mandatory to arrest people in domestic violence situation? Yes, with keeping in mind that they don't take away the rights of the victim.

Answer 6

I do not think there is a good answer to this question. I believe that officers should have intensive training in domestic violence so as to recognize a situation of dv. I believe taht support services need to be increased. The biggest problem with mandatory arrests is often a victim has not worked or is unable to work and support herself and any chidlren. This is one of the biggest reasons for a victim returning to her abuser. Services are sevrely lacking which is a cause of the victim returning.

Answer 7

In Texas... there is a "mandatory arrest policy" if there is evidence of domestic violence then and officer SHALL arrest.
IT, disolves the immediate threat of further violence (one or both are in jail) and also protects the victim from escalating violence after LE leaves.

Answer 8

Over half the states have mandatory arrest laws; and most of those have a 'preferred arrest' law which says that the man will be arrested on the word of the woman, w/o any other evidence.

Answer 9

Whenever you put the word "mandatory" in the law and apply it to human beings you run into problems. Nothing is "always" as it seems and I think you have to listen and use some common sense. If there is REAL violence and REAL offenders, then yes, they should be arrested. But if one partner gets mad and scratches themselves and calls and says the other one did it - lives are ruined. That's why I mean somewhere we need to be careful and use common sense.

Answer 10

Many place in Australia domestic violence is in some way accepted and is hard for victims to get out of. Lately the laws have been getting tougher making perpertrators face jail time rather than just being removed from the scene, only to come back the next day to bash/rape abuse their family.
I think the people who carryout these crimes need to be punshed severely to stop their behaviour, it is bad for the victims to live a long period of their lives getting assaulted regularly.