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DV arrest

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butcher boy

Junior Member
What is the name of your state?ca
how is it determined on who gets arrested in a dv case?
I wa arrested for pc 273.5, But my wife addmitted to hittingme and triing to kick me. I was able to stop her from hitting me by holding her arms. After that she tried to kick me in the growing.I was cornered. It was a reaction for me to head butt her. After that we reilized what happened. Talked and we both decided that I would leave for the night. As i was leaving I forgot something that I needed for the next day. So i went inside to get it. She was on the phone. She hung up and asked where I was going. I told her then left. Got to my parents house , they asked wat happened and my dad said he called the cops. He didn' know what was going on so he called. It was not because what happened. It was from not knowing what was going on .she hung up the phone on them.. I waited there for the police sense I knew that they would come and talk to me.. I was aressted.. What is the proceedure for arresting for DV.? Is the man always going to be arrested and charged? Even if she admitted to hitting and kicking me. The only thing I did was head butt her after trying to get her to stop hitting me. I just thought of this and want to know what is the facter used for the arrest... :confused:
 


JETX

Senior Member
butcher boy said:
how is it determined on who gets arrested in a dv case?
The on-scene officers investigate the facts, look at the injury's incurred by BOTH party's, then arrest whoever (or both) if there is sufficient evidence to warrant the arrest.
Your 'headbutting' her was clearly violent.... and sufficient to warrant your arrest. Your 'claim' of something she might have tried to do (without success) is NOT violence.... but more than likely self-defense against you.
 
S

seniorjudge

Guest
Here is the standard some jurisdictions use:

If both parties claim to have been assaulted,the officer is not required to arrest both, but is required to try to identify and arrest the person who was the primary physical aggressor.

The officer will consider:
■ The intent of the law — to protect victims of domestic violence from continuing abuse.
■ The extent of injuries inflicted or serious threats creating fear of physical injury.
■ Past domestic violence between the parties.
If the officer responding to a report of adult abuse declines to make an arrest, the officer must make a written report describing the incident and the reason why no arrest was made.
 

CdwJava

Senior Member
To add to JetX's comment, CA law requires us to try and determine the "primary aggressor". This can be established through statements of the parties, injuries, statements of witnesses, neighbors, family members, etc.

Is it perfect? Nope. But then it doesn't have to be for an arrest. Ultimately, if you are going to claim self-defense you will have to prove that in court.

PC 273.5 requires a visible injury or complaint of pain (generally a rather significant complaint), so there is a very good chance that she had some form of injury that the officers were able to see.

And I have to agree that a head-butt is not usually a self-defense move in a situation like this. If you had her wrapped up to the point that she was within head-butt range, then there should have been no reason to smack her so. If she had YOU bound, then it might be - but as it is, it sounds like it was an assault or an attempt to punish her.

Talk with an attorney ASAP.

- Carl
 

CdwJava

Senior Member
seniorjudge said:
If the officer responding to a report of adult abuse declines to make an arrest, the officer must make a written report describing the incident and the reason why no arrest was made.
Correct.

In fact, CA has established law that requires agencies to develop a pro-arrest policy. If an officer does not make an arrest when there is probable cause to do so, we generally have to explain the heck out of that.

And to assist the OP in what we are supposed to include when determining the primary aggressor, PC 13701(b) includes the following language:

The dominant aggressor is the person determined to be the most significant, rather than the first, aggressor. In identifying the dominant aggressor, an officer shall consider the intent of the law to protect victims of domestic violence from continuing abuse, the threats creating fear of physical injury, the history of domestic violence between the persons involved, and whether either person acted in self-defense.

- Carl
 
S

seniorjudge

Guest
I think Carl would agree with me that a cop would rather make an arrest and write a report on why he made an arrest rather than not make an arrest and write a report on why he did not make an arrest.

DV cases cause more injuries to cops than any other situation.

They are not taken lightly.
 

butcher boy

Junior Member
Thanks for all the insight.. But to get to the point is if there is no statement from me. Just my wife's statement. Then how do they aresset me with it if they did not check me for injury or a statement until after i was booked. Rember i was at another place. The call was made from a third party. And there was also a resolution between the both of us before i left. Now to get to my question. If the arresting oficer chose me with no interigation,no charges being filled from the victim how can they arrest me. is it just off the mark. And to answer the bound up thing,I was able to grab her hands, backed in a corner and she starts trying to kick me. In the growing. She didn't connect but she was able to kick me in side.. Now she admitted to being pissed off and started to hit me. What is the probable cause just the mark. No i'm not pleaing self defense. It's a question on how they determine who to arrest. By the way perfect record nothing not even a speeding ticket. Just had a really mad wife and she took it out on me. Plus if trained you would know that is one of the best was for self defense. Not this cop crap i'm talking real world scenerios. If you don't belive me sign up take a couple courses after the two years or so then come back and tell me it was to punish the other party.It's just a reaction
 

CdwJava

Senior Member
butcher boy said:
But to get to the point is if there is no statement from me. Just my wife's statement. Then how do they aresset me with it if they did not check me for injury or a statement until after i was booked.
Because the law allows them to. All the officers need is probable cause to believe that a crime has been committed and that you committed. They do NOT need both sides of the story to make the arrest, and they do not have to check you for injury before they make the arrest.


Rember i was at another place. The call was made from a third party. And there was also a resolution between the both of us before i left.
The officers obviously responded to her place first, and found her statement compelling enough to justify the arrest.


Now to get to my question. If the arresting oficer chose me with no interigation,no charges being filled from the victim how can they arrest me.
Because the law allows them to (per CA PC 836). In fact, 75% of DV victims recant some time after the arrest. The victim in a crime does not have to press charges for an arrest to be made if the officer has sufficient cause to believe a felony has occured. And in the case of DV they expect the victim to change her story and drop the matter later on, so her cooperation is not expected.


And to answer the bound up thing,I was able to grab her hands, backed in a corner and she starts trying to kick me. In the growing. She didn't connect but she was able to kick me in side.
I've had people in the same position and they also tried to kick me in the groin, but I managed to protect the family jewels without head-butting anyone or striking them at all. That story is going to be hard to sell a jury ... self-defense with a head butt when you already had her bound up is a tough sell.


Now she admitted to being pissed off and started to hit me. What is the probable cause just the mark.
The visible injury is one piece of it, yes.


No i'm not pleaing self defense.
Okay ... then what IS your defense argument going to be?


It's a question on how they determine who to arrest.
That has already been explained. And if your only defense is arguing that you should not have been arrested, get ready to plead guilty because that WILL fail. And probable cause for the arrest still has nothing to do with the ultimate charges.

Carges will be filed by the District Attorney based upon the information provided to them. It's possible that the DA will decide that the case is weak and drop the matter (doubtful, but a slim possibility nonetheless).


By the way perfect record nothing not even a speeding ticket.
That's good.


Just had a really mad wife and she took it out on me. Plus if trained you would know that is one of the best was for self defense.
Sure. To defend against an assault. If I did that to a prisoner I had bound up, I would be sued for assault under the color of authority. I do not NEED to head butt someone who can only get a partially bent knee-strike to my groin if I have them adequately bound. Unless your wife is rather large and strong, the head-butt as self-defense will be a tough sell. It might be true in your case, but it will still be a tough sell that will require you to ake the stand ... not something your attorney may be keen on.


Not this cop crap i'm talking real world scenerios. If you don't belive me sign up take a couple courses after the two years or so then come back and tell me it was to punish the other party.It's just a reaction
I've been "reacting" to assaults for 15 years as a peace officer (training in Aikido), and have more than a dozen years training in both Jiu-Jitsu and Kenpo prior to that. I KNOW about head-butts, I know how to use them, and I know when to use them. And in all my years defending myself from violent thugs and criminals, I have never had the need (yet) to utilize it, and certainly have never saw fit to use it when I had someone already bound and cornered.

Again, you MAY have been justified. But the argument has to be made in court. And it's risky. So risky that your atorney may not want you to make it on the stand. But, it's your call.

- Carl
 

butcher boy

Junior Member
Thanks for the info.. Just to let you know the charges were droped.. Thats what made me wonder what was up.. I never said any of it was an exuse.. But a reaction.. For arguments sakes I was the one cornered. Up against the counter and she was not bound. The only thing i had were her arms just above the wrists. Like i said i was not pleaing self defense......... Just dont understand the situation to why I was arrested then the charges dropped...But you have been helpfull and it's nice to not have some one judge me until after all the facts have been sorted out. I do apreciate the help. Just weird sercs.... Still baffelled... Thanks for the elp good luck................................
 
S

seniorjudge

Guest
Just dont understand the situation to why I was arrested then the charges dropped

This has been explained to you in excruciating detail.
 

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