When Does Domestic Violence Result In Arrest

Domestic violence can result in arrest immediately when police find probable cause that an assault, threat, or violation of a protective order occurred. Many states allow or require officers to make a warrantless arrest at the scene based on injuries, witness statements, 911 calls, or other evidence. This article explains probable cause, mandatory vs. discretionary arrest rules, how protective orders affect arrest decisions, and what happens after an arrest.

Ray Hrdlicka – Host – Attorneys.Media

“And I’ve seen a incredible number of wrong prosecutions, wrong arrests, where a domestic violence will be… ‘I was trying to get the door, and I leave from an argument, and all of a sudden she walked into the door, but because there’s a mark on her, I got arrested’. Now I’m not defending you because it’s a horrible conviction and a horrible crime, but it seems that a great number of those situations start with something that should maybe not have been arrested. Do you see that often?”

Regina Tsombanakis– Domestic Violence Attorney – Fort Lauderdale, FL

“Yeah, especially in places like Broward County, where there’s zero tolerance to domestic violence cases. So, someone’s going to jail. Doesn’t matter if there’s injuries or not.”

Ray Hrdlicka – Host – Attorneys.Media

“So, what you’re saying, if law enforcement gets a call on a domestic violence case, somebody is going to jail.”

Regina Tsombanakis– Domestic Violence Attorney – Fort Lauderdale, FL

“It’s correct. That is correct, and I believe that stems from many years ago when that wasn’t the policy, and officers could use their discretion, because it’s not just men and women fighting, it’s parents with their kids. That’s also domestic violence. Siblings… more than just one situation.

And a lot of the times back in the day, the officers were able to go there and look at the situation and say, ‘look, could you go somewhere else, or just stay away’? Okay, stay away. ‘You’ll all be fine in the morning.’ But when that backfires, and the person comes back and kills them, which is what occurred a long time ago in one of the cases, then everything changed.”

Ray Hrdlicka – Host – Attorneys.Media

“Of course.”

Regina Tsombanakis– Domestic Violence Attorney – Fort Lauderdale, FL

“He thought he was doing the right thing, or whatever the officer was, female or male, they clearly thought they were doing the right thing. And look what happened. So, now you go to jail, and sometimes you’re both going to jail.”