U.S. Department of Justice, Office of Justice ProgramsNational Institute of JusticeThe Research, Development, and Evaluation Agency of the U.S. Department of Justice
Domestic Violence Cases: What Research Shows About Arrest and Dual Arrest Rates
| State | Mandatory Arrest for Crime | Circumstances | Coded Relationships [1] |
|---|---|---|---|
| Alaska | Alaska Stat. § 18.65.530(a) | Probable cause to believe that a crime of domestic violence was committed within past 12 hours. | A,B,C,D,E, |
| Arizona | Ariz. Rev. Stat. Ann. § 13-3601(B) | Domestic violence involving infliction of physical injury or use/threatening use deadly weapon. | A, B, C, E |
| Colorado | Colo. Rev. Stat. § 18-6-803.6(1) | Probable cause to believe a crime of domestic violence was committed. | A, B, C |
| Connecticut | Conn. Gen. Stat. § 46b-38b(a) | Speedy information that family violence was committed in jurisdiction. | A, B, C, E |
| District Of Columbia | D.C. Code Ann. § 16-1031 | Probable cause to believe that an intrafamily offense was committed that resulted in physical injury including pain or illness or caused or was intended to cause reasonable fear of imminent serious physical injury or death. | A, B, C, D, E |
| Iowa | Iowa Code § 236.12(2) | Probable cause to believe that domestic abuse assault committed that resulted in bodily injury, or was committed with intent to inflict serious injury, or with use or display of dangerous weapon. | A, B, C, E |
| Kansas | Kan. Stat. Ann. § 22-2307(b)(1) | Probable cause to believe a crime has been committed. | A,B, C, E |
| Louisiana | La. Rev. Stat. Ann. § 46:2140 ; Ch. C. Art. 1573(1) | Reason to believe family or household member has been abused and (1) probable cause exists to believe that aggravated/second degree battery was committed or (2) aggravated or simple assault or simple battery committed and reasonable belief in impending danger to abused. | A,B, E |
| Maine | Me. Rev. Stat. Ann. tit. 19-A, § 4012(5) | Probable cause to believe there has been a violation of title 17-A, section 208 (aggravated assault statute) between members of same family or household. | A, B, C, D, E |
| Mississippi | Miss. Code Ann. § 99-3-7(3) | Probable cause to believe that within 24 hours offender knowingly committed a misdemeanor act of domestic violence. | A, B, E |
| Missouri | Mo. Rev. Stat. § 455.085 | Called to same address within 12 hours and probable cause to believe same offender has committed abuse or assault against same or other family/household member. | A, B, E |
| Nevada | Nev. Rev. Stat. Ann. § 171.137(1) | Probable cause to believe that within 24 hours battery was committed. | A, B, C, D, E |
| New Jersey | N.J. Stat. Ann. § 2C:25-21(a) | Probable cause to believe that domestic violence has occurred and either victim shows signs of injury or probable cause that a weapon was involved. | A, B, C, D, E |
| New York | N.Y. Crim. Proc. Law § 140.10(4)(a) | Probable cause to believe a felony has been committed against a member of the same family or household or, unless victim requests otherwise, a misdemeanor family offense committed. | A, C, E |
| Ohio | Ohio Rev. Code Ann. § 2935.032(A)(1)(a)(i) | Reasonable cause to believe that offender committed felonious assault. | A,B.C, E |
| Oregon | Or. Rev. Stat. § 133.055(2)(a) | Probable cause to believe that a felonious assault or an assault resulting in injury occurred or action has placed another to reasonably fear imminent serious bodily injury or death. | A, B, C, D, E |
| Rhode Island | R.I. Gen. Laws § 12-29-3(c)(1) | Probable cause to believe the following: felonious assault: assault resulting in injury: action was intended to cause fear of imminent serious bodily injury or death. | A, B, C, D, E |
| South Carolina | S.C. Code Ann. § 16-25-70(B) | If physical injury is present and probable cause to believe person is committing or has freshly committed a misdemeanor/felony assault or battery. | A, B, C, E |
| South Dakota | S.D. Codified Laws § 23A-3-2.1 | Probable cause to believe that within previous 4 hours [2], there has been an aggravated assault, an assault resulting in bodily injury, or an attempt by physical menace to place in fear of imminent serious bodily injury. | A, B, C, E |
| Utah | Utah Code Ann. § 77-36-2.2(2)(a) | Probable cause to believe that an act of domestic violence was committed and there will be continued violence or evidence perpetrator has recently caused serious bodily injury or used a dangerous weapon. | A, B, C, E |
| Virginia | Va. Code Ann. § 19.2-81.3(B) | Probable cause to believe assault or battery on family or household member. | A, B, C, E |
| Washington | Wash. Rev. Code § 10.31.100(2)(c) | Probable cause to believe a person 16 years or older within the previous 4 hours assaulted a family or household member and believes (1) felonious assault occurred, or (2) assault resulting in bodily injury occurred whether injury is visible or not, or (3) any physical action occurred which was intended to cause reasonable fear of imminent serious bodily injury or death. | A, B, C, D, E |
| Wisconsin | Wis. Stat. § 968.075 (2)(a) | Reasonable cause to believe that offender committing or has committed domestic abuse and either evidence of physical injury or reasonable basis for believing continued abuse is likely. | A, B, E |
| [1] Coded Relationships: (A) current/former spouse, (B) current/former cohabitant, (C ) child in common, (D) Dating relationship,(E) related by marriage or blood | |||
| [2] Amended in 2001 to 24 hour | |||
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