47.0603 Mandatory arrest for crimes involving domestic or family violence – Determination of primary aggressor – Required report.

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(a) A law enforcement officer shall, without a warrant, arrest and charge a person with the appropriate crime if the officer has probable cause to believe that the person has committed a crime involving domestic or family violence, whether the offense is a felony or a misdemeanor, or was committed in or outside the presence of the officer.

(b) If a law enforcement officer receives complaints of domestic or family violence from two or more opposing persons, the officer shall evaluate each complaint separately to determine who was the primary aggressor. If the officer determines that one person was the primary physical aggressor, the officer need not arrest the other person believed to have committed domestic or family violence. In determining whether a person is the primary aggressor the officer shall consider:

(1) Prior complaints of domestic or family violence;

(2) The relative severity of the injuries inflicted on each person;

(3) The likelihood of future injury to each person; and

(4) Whether one of the persons acted in self-defense.

(c) A law enforcement officer shall not threaten, suggest, or otherwise indicate the possible arrest of all parties to discourage requests for intervention by law enforcement by any party.

(d) In addition to any other report required, a law enforcement officer who does not make an arrest after investigating a complaint of domestic or family violence or who arrests two or more persons for a crime involving domestic or family violence must submit a detailed, written report setting forth the grounds for not arresting or for arresting both parties.

History: 2004, PL 28-16.