{"id":351806,"date":"2016-04-04T10:46:03","date_gmt":"2016-04-04T15:46:03","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/family\/domestic-violence\/domestic-violence-history-of-police-responses.html"},"modified":"2026-07-07T16:50:00","modified_gmt":"2026-07-07T21:50:00","slug":"domestic-violence-history-of-police-responses","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/family\/domestic-violence\/domestic-violence-history-of-police-responses.html","title":{"rendered":"What Happens When Police Respond to a Domestic Violence Call?"},"content":{"rendered":"\n
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What Happens When Police Respond to a Domestic Violence Call?<\/h1>\n\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

Police take domestic violence cases very seriously. In some states, law enforcement is required to make an arrest when they respond to a domestic violence call. At the very least, they usually order one party to leave the property temporarily. Criminal charges may be filed, even if the victim recants. <\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

Domestic violence was once a little-understood and disregarded offense. A \u201cdomestic dispute\u201d 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 <\/a>of all intimate partners nationwide.<\/p>\n

Recognition of the severity of the issue<\/a> 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\u2019s rights advocacy throughout the 1970s and 1980s. In 1994, the Violence Against Women Act (VAWA)<\/a> became the first federal law to address domestic violence and domestic assault.<\/p>\n

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.<\/p>\n

This article reviews what happens when a victim calls the police for a domestic violence incident.<\/p>\n

Historical Police Responses to Domestic Violence<\/b><\/h2>\n

Historically, police have had to tread a fine line when responding to domestic violence calls<\/a>. 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<\/a> against warrantless entry, police cannot enter a home unless they have enough evidence to support doing so.<\/p>\n

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 \u201ceverything is okay,\u201d 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.<\/p>\n

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.<\/p>\n

Before the late 1980s, the traditional police response, depending on the jurisdiction, was letting the couple \u201cwork it out themselves.\u201d 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.<\/p>\n

Modern Police Responses<\/b><\/h2>\n

Thanks to increased awareness, the VAWA<\/a>, 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.<\/p>\n

State justice departments <\/a>also stepped in, demanding more accountability from police agencies, such as California\u2019s Peace Officer Standards and Training (POST) certification.<\/p>\n

When Police Respond to Domestic Violence Calls<\/b><\/h3>\n

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.<\/p>\n

Officers have discretion in responding with \u201clights and sirens\u201d 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.<\/p>\n

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.<\/p>\n

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.<\/p>\n

When other officers arrive, they may ask the parties their story again. They do this to see if anyone\u2019s 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.<\/p>\n

Arresting the Aggressor<\/b><\/h3>\n

In many states, such as California, police must arrest the primary aggressor<\/b>. In most states, police do not have a choice in making an arrest. At one time, domestic violence charges required a \u201ccomplaining witness\u201d in order to file charges. If the injured spouse withdrew the charges (known as \u201crecanting\u201d<\/a>), the case could not proceed.<\/p>\n

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\u2019s injuries, the prosecutor may charge it as a felony or a misdemeanor.<\/p>\n

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.<\/p>\n

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Need local legal help with domestic violence? Find an attorney near you<\/a>.<\/p>\n

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After Police Respond to a Domestic Violence Call<\/b><\/h2>\n

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:<\/p>\n