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 | Statute | Circumstances |
|---|---|---|
| Arkansas | Ark. Code Ann.§ 16-81-113 | Preferred action when evidence indicates that domestic abuse has occurred. |
| California | Cal. Penal Code § 13701 (b) | The written policies shall encourage the arrest of domestic violence offenders if there is probable cause that an offense has been committed. |
| Massachusetts | Mass. Gen. Laws Ann. ch. 209A § 6 (7) | Preferred response whenever the officer has witnessed or has probable cause to believe that a person has committed a felony, a misdemeanor involving abuse, or an assault and battery. |
| Montana | Mont. Code Ann.§ 46-6-311(2)(a) | Preferred response in partner or family member assault cases involving injury to the victim, use or threatened use of a weapon, … or other imminent danger to the victim. |
| North Dakota | N.D. Cent. Code § 14-07.1-10(1) | If probable cause to believe that a person has committed a crime involving domestic violence, whether the offense is a felony or misdemeanor, and whether or not the crime was committed in the presence of the officer, then the law enforcement officer shall presume that arresting the person is the appropriate response. |
| Tennessee | Tenn. Code Ann.§ 36-3-619 | Preferred response when probable cause to believe that a crime committed involving domestic abuse within or outside presence of the office |
Back to Introduction, Section 2 — Domestic Violence Arrest Laws and Policies Today