The Arrest ReportThe Arrest Report
Highlights in this Issue
What is Domestic Violence?
Interview with Darren Kavinoky
Getting Out of Jail: The Bail Process
Navigating the Criminal Court
Same Sex Domestic Violence
Child Custody and Domestic Violence
Domestic Violence Courts
Types of Domestic Violence Charges
If You are Also Abused
Firearms & Domestic Violence Charges
Domestic Violence and Immigration
No Options
  No Options
   
 

When the police arrive, someone will be arrested. Neither you nor your partner have the choice to "drop the charges."

If you or your intimate partner called either 911 or the police, law enforcement officers will be dispatched to the scene. When they arrive, they will start asking questions to discover exactly what took place. To do this, they will look at the scene for obvious evidence (holes in the wall, broken furniture, visible injuries, etc.), and they will most likely speak to you and your intimate partner individually. They will ask many different questions about the events leading to the call to the police. It is generally impossible to talk your way out of these investigations. The best advice is to remain silent, except for asserting your right to an attorney.

SubstanceAbuseExpert.comWhen the police are contacted regarding a domestic dispute, they MUST make an arrest. Someone will go to jail. They do not need a warrant, and neither party involved in the dispute has the right to drop the charges. Once the police are involved, the prosecutor is the only person who can decide whether or not to press charges. This means that your partner has no right to “drop” charges. No matter what happened, someone will be arrested.

In addition to making an arrest, the police may try to remove all firearms from the home. It is generally unwise to admit or deny that there are firearms in the home. Silence remains the best policy, except for insisting upon a criminal defense lawyer.

Law enforcement will also offer information to your intimate partner regarding restraining orders. Please remain silent throughout this process. The less information you offer to the police, the better.

The police will try to get you and your partner to make confessions and admissions. Assert your right to remain silent. Do not reveal anything to the officers. Simply request an attorney and say no more, even if it means you are arrested.