Dealing with a Domestic Violence Arrest

Many people are familiar with the old laws that prohibit police officers from making arrests without a warrant for misdemeanors that they did not witness. Domestic violence, which is usually a misdemeanor, is considered a major problem in the US. To address this problem, policies have largely changed. Now, it is common for a warrantless domestic violence arrest to occur anytime a police officer reports to the scene of an alleged incident.  Just as common, is the tendency for warrants to be issued based on complaints that have little, if any, supporting evidence.

When The Police Arrive

In many states, the rule of thumb is that a police officer should arrest the primary aggressor. In many male-female cases, though it is unfair, this results in the arrest of the male because he is considered to pose the greatest threat.

A person in this situation should remain calm and be cooperative. This can be very difficult if two people were previously in the midst of a heated dispute. However, it is very important because if an individual appears rowdy or threatening, a police officer can use that against him in court.

If a police officer approaches an individual with a warrant for his arrest in connection with a domestic violence charge, the same calm and cooperative demeanor should be displayed. A warrant means that charges have been filed. It is not likely that a person can explain his way out of being arrested.

Be Careful

Whether a person is arrested during the course of the alleged crime or sometime later, it is very important that he exercise caution when making statements to the police. An officer who arrives on the scene is likely to ask, “What happened?” or “What’s going on here?” While a reply is part of being cooperative, it can also be damaging to the defendant.

It is important to avoid outright or implied statements of guilt. This includes remarks such as “None of this would have happened if she didn’t …” or “I didn’t really hit her, I just pushed/shoved/etc.”

Get Help

Most domestic violence cases are beyond the influence of the alleged victim once the police are involved. This means that instead of calling the alleged victim begging her to drop the charges, defendants should use their phone calls wisely. An individual subjected to a domestic violence arrest needs to get in contact with a criminal defense lawyer as soon as possible. This should be done before any statements are given to the police regarding the event.