Attorney Stuart Kirchick Explains What Is Required For The Police To Make A Domestic Violence Arrest

Ray Hrdlicka – Host – Attorneys.Media

“When a…law enforcement arrives at the scene, whether, you know, called by a neighbor, called by one of the two family members, you know, husband, wife boyfriend, girlfriend…when they arrive at the scene, what do they have to see to be able to make an arrest?”

Stuart Kirchick– Criminal Defense Attorney – Santa Clara County, CA

“Well, they really…”

Ray Hrdlicka – Host – Attorneys.Media

“Actually, I want to put that…to stick, you know?”

Stuart Kirchick– Criminal Defense Attorney – Santa Clara County, CA

“It’s interesting you use the word ‘see’. Because really, all they have to do is hear the complainant say that the other party, spouse, boyfriend, girlfriend, whatever, did an unconsented battery, a push, a touch, whatever, and the cops don’t have to see anything.”

Ray Hrdlicka – Host – Attorneys.Media

“Ah, I see.”

Stuart Kirchick– Criminal Defense Attorney – Santa Clara County, CA

“And what’s interesting about that is, the police are mandated by their own policies to arrest the aggressor. So, if two people are telling then they’re in an argument, They’re in a fight, they have to determine, the officer, he or she needs to determine who’s the aggressor. If they both say they hit each other, whatever, the officer will make an arrest. Sometimes both get arrested.”

Ray Hrdlicka – Host – Attorneys.Media

“That’s what I was going to ask you.”

Stuart Kirchick– Criminal Defense Attorney – Santa Clara County, CA

“What happens…if you’re ion that situation, they do. If it seems kind of mutual, the cops will arrest both and let the DA’s office work it out on who’s going to get charged, or neither gets charged.

But an arrest has to be made. They will, it used to be, because they want to break the cycle of domestic violence in a relationship. It used to be long ago, 30-40 years ago, it was this attitude of…

’you guys worked it out’?

‘Have you worked it out yet?’

‘Have you made dinner for each other?’

‘Did you take care of that problem?’

‘That argument that led to you calling police?’

Yes, everything’s fine, and they’re crying, or whatever. And they close the door, and that was it. And then, of course, this cycle of domestic violence would continue. So, the policy changed, and someone has to get arrested because it breaks, it starts a new process. Someone’s going to have, maybe an emergency protective order, can’t contact the other party, you know, for a period of days. There’s going to be an arrest, possibly prosecution, down the line. So…”

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