Q: If probable cause was found at the time police were called to a domestic incident don't they have to make an arrest then
Arrest was made 20 days after police were called to residence of the domestic call. On the day of the call both parties were present so why didn't they arrest the one that was charged the day they came for the initial call?
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A:
Police procedures around domestic incidents can vary by jurisdiction and specific circumstances. Even when probable cause exists, officers sometimes exercise discretion based on various factors including the immediate safety of all parties, the presence of evidence, and the emotional state of those involved.
In cases where arrests are delayed, this might occur because additional evidence emerged after the initial incident, witnesses came forward later, or investigators needed time to build a stronger case. Sometimes, officers may separate the parties during the initial call to ensure immediate safety, then continue gathering evidence and conducting interviews before making an arrest decision.
If you're concerned about the handling of this case, you have the right to speak with the investigating officer's supervisor or contact victim advocacy services for support. They can explain the specific reasons for the delayed arrest in your situation and help ensure your safety needs are being met. Many jurisdictions also have domestic violence units that can provide detailed information about how these cases are typically handled in your area.
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