When can the police arrest someone for domestic violence?

by | Aug 22, 2018 | Assault And Domestic Violence | 0 comments

Allegations of domestic violence are undoubtedly serious, especially if a person finds themselves being accused of committing such acts. It is important that the accused’s rights are protected in such situations, especially in light of when police can put a person under arrest on grounds of domestic violence.

Under Arizona law, the police do not need a warrant to arrest a person on grounds of domestic violence if the officer has probable cause to think that a crime of domestic violence has occurred, and that the person being arrested committed the act of violence. This can happen for both felony and misdemeanor offenses. In addition, it can happen even if the violent act did not take place in front of the police.

However, oftentimes accusations of domestic violence boil down to “he said, she said” arguments. Or, both parties may have attacked one another. If an officer called to the scene of an alleged domestic violence incident, he or she can only place both parties under arrest if there is probable cause to think that each party on his or her own committed a domestic violence offense. Self-defense, for the purposes of this law, is not an act of domestic violence.

As this shows, it is possible to be arrested for domestic violence, even without a warrant, and even if the alleged act did not take place in front of the police. This may concern some in Arizona, especially if they are being accused of committing an act of domestic violence. This post cannot replace the advice of an attorney, so those who want more information on this and other domestic violence laws will want to seek legal advice.

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