There are many federal and state laws regarding domestic violence investigations and what should happen when police are called to the scene. We expect police to protect us and look out for our best interests, so when we’re on the other side of a domestic violence call even though we know we didn’t commit the crime, the truth will come out – right? Unfortunately, many police operate through no-tolerance rules, which means that, if they were called to the scene, it is most likely that an arrest will be made. Police involvement only seems to cease when a victim declares that they wish to not press charges, but if probable cause has been formed through an unjust investigation, anything can happen.
When an Arrest Can Take Place
In many states, the laws vary on when a defendant can be arrested for domestic violence. Usually, police officers are left with discretion based on what they see when they arrive to the scene. For instance, in some states, if an assailant has inflicted physical injury on another or used a threatening firearm, an arrest could be made. In other situations, when neither of these criteria have been met, officers may not be required to make an arrest. In other states, even if a police officer didn’t witness the abuse, they are still permitted to make an arrest. If a police officer claims that they have acted in good faith even though your arrest was not warranted, you may end up with a case against them to prove.
What if an officer made an arrest in bad faith and it was clear that you did not commit a crime of domestic violence? In these cases, if a police officer has acted outright maliciously and you have proof of such, you may have a separate case against them or reason to claim a valid defense due to their actions. Though police have many protections through the law, your case could be dismissed if an officer’s conduct was questionable in some way.
Have you been arrested or charged with domestic violence even though the evidence was not stacked against you? Do you believe police misconduct played a role in your case? Call us today at the Law Office of Peter Blair to find out how we can help with your case.