Do I Have To Be Arrested For Domestic Violence?
Posted on Dec 22, 2014 5:13pm PST
Up until fairly recently, police officers that were called to domestic
violence situations turned the other cheek. Domestic violence was seen
as a problem to be worked out between spouses or roommates, and law enforcement
did not want to become involved in a marital dispute. Nowadays, domestic
violence is perceived to be a criminal charge, and the law and policy
have also shifted to reflect this change.
Missouri Mandatory Arrest Laws
When one spouse claims that the other is submitting them to domestic violence,
they have the ability to go to the court and get a temporary order of
protection against one spouse. In many instances, police are not called
to arrest their alleged abuser until more information is presented in
court. Some states, like Missouri, determine that an arrest must be mandatory
if certain situations apply.
Someone must be arrested for domestic violence if:
- Law enforcement has been called to the same dwelling twice within 12 hours; and
- Probable cause exists that caused police to believe the same offender has
committed an act of abuse or assault against the same or another family member.
States individually govern how they will respond to accusations of abuse.
Missouri is one of the states that make an arrest mandatory if certain
specifications are met to justify their incarceration. In addition, it
may be up to the police officer making the arrest to determine if there
is enough probable cause to keep an accused offender if the conditions
for a mandatory arrest are not met.
If you have been accused of domestic violence, don't forego your rights.
Accusations of domestic violence can be proven false by demonstrating
that the supposed elements of the crime did not actually exist or that
the instigator of the violence was the person who the domestic violence
supposedly occurred against.
Hire aggressive legal counsel to ensure that you do not let a false accusation
of domestic violence ruin your life!
Our firm offers free case evaluations to speak with a criminal defense
attorney that can represent your interests.