What Happens When Police Respond to a Domestic Violence Call?

Domestic violence was once a little-understood and disregarded offense. A “domestic dispute” raised images of husbands and wives bickering over who had to take out the garbage after the dinner got burned. Today, we know that domestic violence is a serious crime affecting almost half of all intimate partners nationwide.

Recognition of the severity of the issue came slowly to law enforcement and the court system. How police officers and courts handled domestic violence victims and offenders became the subject of landmark U.S. Supreme Court cases and women’s rights advocacy throughout the 1970s and 1980s. In 1994, the Violence Against Women Act (VAWA) became the first federal law to address domestic violence and domestic assault.

When a victim contacts the police to file a domestic violence complaint, how police handle the call sets the tone for the rest of the case. Law enforcement efforts have been uneven, and even today, there are many survivors wanting something better.

This article reviews what happens when a victim calls the police for a domestic violence incident.

Historical Police Responses to Domestic Violence

Historically, police have had to tread a fine line when responding to domestic violence calls. On one hand, the crime is an act of violence. On the other, it takes place inside the home where police have limited rights of entry. Thanks to Fourth Amendment protections against warrantless entry, police cannot enter a home unless they have enough evidence to support doing so.

In times past, many domestic violence calls ended at the front door. If police arrived at a quiet home and the occupants assured the officers that “everything is okay,” police could not continue their investigation. If police arrived to sounds of shouting and breaking glass, they could make entry, only to face a new hazard.

Domestic violence calls are some of the most dangerous calls officers can respond to, second only to traffic stops. Once the angry couple stops fighting with each other, they often both turn on the responding police officers.

Before the late 1980s, the traditional police response, depending on the jurisdiction, was letting the couple “work it out themselves.” Law enforcement officers often knew things were more serious because calls came from the same home time and again, but unless someone was seriously injured or killed, there was little they could do.

Modern Police Responses

Thanks to increased awareness, the VAWA, and several Supreme Court cases that established the role of police and courts in enforcing protection orders, law enforcement changed its response practices toward domestic violence calls.

State justice departments also stepped in, demanding more accountability from police agencies, such as California’s Peace Officer Standards and Training (POST) certification.

When Police Respond to Domestic Violence Calls

Instead of assuming a call is just a domestic dispute, police now treat all such calls as serious, potentially life-threatening calls. In some cities, domestic violence calls rank as high-priority calls, similar to robberies.

Officers have discretion in responding with “lights and sirens” if they believe it will be dangerous for the parties in the house. Most jurisdictions now send two or more officers. Officers will respond even if the victim hangs up, and will continue to respond until an officer on scene terminates the call. This ensures that a law enforcement officer has spoken to the victim and made certain they are safe.

If this seems like an attempt to overpower the scene, it is. One person on the scene is the aggressor. The police do not want that person to feel they have the upper hand. The police are there to protect both parties.

The police will often separate the alleged victim from the alleged aggressor and ask each person for their story. This separation has several purposes. One is to get the parties away from each other and cool off. Another is allowing the officers to assess any injuries they may have. It also gets the parties away from any weapons in the house.

When other officers arrive, they may ask the parties their story again. They do this to see if anyone’s story changes. Spouses and intimate partners might lie for one another, even in abusive relationships, if they fear the other person may face criminal charges.

Arresting the Aggressor

In many states, such as California, police must arrest the primary aggressor. In most states, police do not have a choice in making an arrest. At one time, domestic violence charges required a “complaining witness” in order to file charges. If the injured spouse withdrew the charges (known as “recanting”), the case could not proceed.

However, states like California do not require the victim to press charges. The state will bring criminal charges even if the victim does not. Depending on the severity of the victim’s injuries, the prosecutor may charge it as a felony or a misdemeanor.

States without mandatory arrest requirements generally do not permit the parties to return to the same home. Usually, officers order one spouse to leave the property for the night. Police may detain intoxicated parties to sober them up without filing charges. The goal is always the safety of the victim and creating a safe space for at least a few hours.

After Police Respond to a Domestic Violence Call

The only thing law enforcement can do is respond to the call and arrest the primary aggressor. Some things police may do at the scene include:

• Investigation: Police will investigate the scene and talk to the parties and any witnesses. They may take photographs of the location and any injuries to the parties.
• Incident reports: After the investigation, police write an incident report detailing what they saw and found at the scene. The victim can request a copy of the report.
• Restraining orders: Police cannot issue restraining orders. An order of protection is a court order that limits the movement of the aggressor. A judge must issue these orders. But, police can request a temporary order at the scene if there is probable cause for one.

In states with mandatory arrest laws, someone will spend the night in jail. Some states still allow the victim to drop the charges, but most do not.

Police Response and Restraining Orders

A restraining order is not a guarantee against domestic violence. Police can only act on restraining orders when they know that one exists. When a victim of domestic violence has such an order, it is important to tell the 911 operator and the responding officers right away.

Restraining orders protect the named victim and any family members or other household members named in the order. They may instruct the offender to stay a certain distance from the victim’s house, workplace, and vehicle. The order can also require offenders to surrender their firearms.

If an offender violates a restraining order, police may arrest them at the scene, or they may release them. Violating a restraining order may be a felony, a misdemeanor, or a simple infraction, depending on the nature of the order and the type of violation. Just because your former spouse shows up at your house doesn’t mean you can have them arrested.

People who have restraining orders against domestic abusers should also realize that the order is binding on both parties. The protected party cannot allow the restrained party onto their property and then call the police to have them arrested.

Should I Get a Lawyer?

Domestic violence can affect anyone. Men and women can be victims of domestic abuse. Family members suffer the effects of domestic violence. If you or a loved one are experiencing domestic violence, contact the Domestic Violence Hotline at 1-800-572-SAFE (7233). Get legal advice from a domestic violence attorney near you for more information on your legal rights.

Individuals charged with domestic violence should speak with a criminal defense attorney immediately. Domestic violence accusations can affect your child custody and visitation rights, even if you do not face criminal charges or are not convicted. The Domestic Violence Hotline also has referrals to support groups for those seeking help with their own behavior.