Q: When should Police arrest one when they are called to a domestic dispute
Police were called to residence on a domestic call both parties were present, however no one was arrested in the day of the call it was 20 days from the call that one was arrested. How can they arrest one after the initial call was made and officers were called to the residence? Shouldnt the one charged and arrested 20 days later have been arrested at the initial call?
A:
Police officers make arrest decisions based on multiple factors during domestic disputes, including visible injuries, witness statements, evidence of violence, and the overall threat level at the scene. Sometimes, there may not be enough evidence during the initial call to justify an immediate arrest, even if officers suspect wrongdoing.
In many jurisdictions, police can make arrests days or weeks after an incident if new evidence emerges, additional witnesses come forward, or if the victim decides to press charges later. This delay might occur because victims initially feel afraid to speak up, or because investigators need time to gather sufficient evidence to establish probable cause for an arrest warrant.
The 20-day gap between the initial call and the arrest could indicate that investigators uncovered new information, received delayed witness statements, or collected evidence that wasn't available during the first response. While immediate arrests often occur in cases with clear evidence of violence or immediate danger, the legal system allows for delayed arrests when necessary to build a stronger case or protect victim rights. Remember that each domestic situation is unique, and police must follow specific protocols while ensuring they have proper legal grounds for making an arrest.
Justia Ask A Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.