How Police Decide Who to Arrest in a Domestic Violence Call in Connecticut

How Police Decide Who to Arrest in a Domestic Call in Connecticut

Domestic violence 911 calls are not only high-stake situations for law enforcement, but they also differ from other types of calls in that the police often have much less discretion than any other case. For law enforcement officers, they are often entering into a situation where there is a risk of ongoing harm or violence, heightened emotions, and complex relationships. In Connecticut, the laws on how police respond to domestic violence calls are specific and differ significantly from typical assault calls or other types of potential crime. It is important to understand these laws and how they can affect you.

Mandatory Arrests for Domestic Violence Calls

Under Connecticut statutes, specifically, §46b-38b, when a law enforcement officer has reasonable belief that a “family violence” crime has been committed, that officer must arrest the person or persons suspected of committing the crime. In Connecticut, family violence refers to violence involving family or household members.

This mandatory arrest law does not depend on who called 911, so the person who called for law enforcement assistance could still be the person or persons arrested. This also does not depend on the victim “pressing charges.” An often misunderstood part of the law, law enforcement can arrest the individual suspected of family violence even when the victim indicates that they do not press charges or do not want that person to be arrested. The arresting officer cannot threaten to arrest both parties if one of the parties refuses to make a statement. Lastly, if the responding cannot determine a cause for an arrest, he or she must remain on the scene until the likelihood of imminent violence is eliminated.

The Dominant Aggressor in Domestic Violence Calls

Because of the mandatory arrest law in domestic violence calls in Connecticut, officers can and will make dual arrests, where both parties or all parties involved are arrested. Connecticut law refers to the officer’s arrest of someone in a domestic violence case as determining the dominant (or primary) aggressor in the situation.

Often in domestic violence calls, there are complaints by two different people involved. These complaints can differ drastically. Sometimes this is referred to as “he said, she said,” where one person is saying they were the person who was threatened or attacked and the other is saying the exact opposite. In these situations, the officer must evaluate each complaint separately and make a determination as to who was the dominant aggressor, rather than simply arresting both people.

One of the factors the responding officer might consider when deciding who the dominant aggressor was is whether one person acted in self-defense or in defense of a child or another person. For example, if one person got upset and threw something at the other during an argument, and in response, the other person threw something back and it hit that person, the officer may determine that the person who was hit with the object was still the dominant aggressor. The officer will also evaluate apparent injuries to each person and compare those injuries to each person’s side of the story to determine if they are consistent. If any domestic violence history exists between the parties and the officer can access that history, this information will also be a factor in the officer’s decision.

Historically, Connecticut had an extremely high dual-arrest rate. At one point, this rate was around 20%, compared to the national average, which was only 7%. This has led Connecticut to adopt the dominant aggressor policy in making arrest decisions in domestic violence calls.

Example of a Domestic Violence Arrest in Connecticut

Here is an example of how a domestic violence arrest may unfold in Connecticut:

A local police department receives a 911 call about a domestic disturbance between two family members and dispatch an officer to respond to the home. Upon arrival, the officer takes a statement from both parties separately, evaluates their possible injuries, damaged property, and takes statements from anyone else who may have been involved or been a witness. The officer then determines there is a reason to believe that someone has committed a crime and must determine what arrests need to be made. If one of the individuals has apparent injuries, their statement is consistent with those injuries, and it is obvious the other person was the aggressor, the decision is pretty straightforward that the officer will arrest that aggressor. If there is a “he said, she said” situation, the officer must assess and compare the injuries to both parties, prior history, claims of self-defense, consistency of statements, witness statements, etc. to determine who to arrest. The officer then picks the dominant aggressor and makes the arrest, or in some situations, arrests both parties. In some situations, the officer may seek a warrant for one or both parties because an officer cannot just arrest both and let the courts figure it out. The arrested person or persons are charged with the designated crimes for what took place. The victim is informed of his or her rights and given referrals and importantly, the arrest still stands even if the victim does not want to pursue the case or press charges.

In Connecticut, the decision or whether to arrest or who to arrest on a domestic violence call is constrained by Connecticut law more so than other types of calls. The officer’s role shifts from whether they should make an arrest to who the correct person to arrest is. This mandatory arrest for family violence leads to the use of the dominant aggressor determination. For defendants facing domestic violence charges, understanding this framework is crucial to preparing for defense that focuses on the exact timeline of events, history of the parties, injuries, and claims of self-defense.

If you are facing domestic violence charges in Connecticut, contact Attorney Emily Shouse today to schedule a free, confidential consultation. You need an attorney who will be listen to your side of the story and make sure it’s told.