Why Did the Police Only Arrest One Person in a Domestic Dispute?
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Why Did the Police Only Arrest One Person in a Domestic Dispute?

By San Diego Attorney on September 8, 2021

When it comes to assessing the cause of a domestic violence incident, evidence is crucial. Therefore, despite both parties seemingly being involved in the dispute, evidence gathered can point toward the guilty party.

If you have been detained, questioned, or interrogated in connection with an incident that gives rise to a potential domestic violence situation, please read the information in this article about California domestic violence and consider contacting jD Law Criminal Defense Attorneys for assistance and advice.

Police Protocol When Responding to Domestic Disputes

911 Response by the Police

The police will come to your home for a 911 call. Furthermore, if the call is incomplete or cancelled by either party, there is a particular protocol for handling such 911 calls, which are called welfare checks. This also involves the police coming to the home from which the call was made.

Police Protocol at the Scene

When the police arrive at the scene of a domestic violence incident, they must conduct an investigation and will likely ask questions to all parties involved as well as any witnesses separately. The officers at the scene will then consult with each other and decide what they will do about the incident after interviewing each of the individuals involved.

Factors Officers Will Consider When Arresting a Suspect

These are factors officers will consider despite it appearing that both sides have been involved in a dispute or domestic violence allegations.

Photographing the parties’ injuries, reporting the injuries, and taking statements from the parties and any witnesses are essential factors in determining who caused the incident and why, despite both two parties being involved, only one gets charged and arrested.

Photographing Injuries

Some injuries can be classified as defensive, while others can be classed as offensive. For example, the hands and knuckle area are common offensive injuries that can identify who the primary aggressor was. The police will ensure that accurate photographs of injuries sustained by both parties are taken. This can provide insight into the potential causes of the incident and might enable the officers to draw conclusions as to the party who might be at fault and subsequently arrested.

Reporting Injuries

If there are major injuries, blood, damage, or a disarray of furniture, the police may have the location processed as a crime scene. Photographing the crime site, measuring distances, and drawing the area are all common steps in the processing of a domestic abuse event. In gathering the appropriate evidence, the police might be able to infer a pattern or constructively make out the occurrences of the incident. This will likely allow a connection to be made as to who caused the incident and the party to be charged and arrested.

Statements and Reports

Typically, police will obtain written statements from those involved in a domestic violence incident, paraphrase and summarize those statements in police reports, and tape-record statements made by the person reporting domestic abuse and the person they suspect of committing a domestic assault or battery. The statements of any witnesses to a domestic violence event are usually tape-recorded by the police. These statements may contain evidence in regard to the party who should be arrested. Both parties and even witnesses might give contradicting statements, but with accurate photographs, injury reports, and a crime scene analysis, sufficient evidence can be collected to charge and arrest the party at fault.

Schedule a Consultation With Criminal Defense Attorney James N. Dicks

You will need a highly skilled legal team to represent you if you have been held, questioned, or interrogated in connection with an occurrence that may result in domestic violence charges in San Diego. James N. Dicks, the founding attorney of jD Law Criminal Defense Attorneys, has more than 30 years of expertise and can provide you with advice in fighting your criminal accusations. Call (760) 638-5266 to discuss your case in a free consultation today.

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