Domestic violence charges can stem from a variety of different situations. If family members or intimate partners have an argument in a public location, total strangers may decide to involve the authorities. When fights happen on private property, neighbors and passers-by may reach out to law enforcement out of concern for people’s safety.
Police officers can intervene in a scenario that appears to involve domestic violence for the protection of vulnerable people. Sometimes, officers choose to arrest individuals on suspicion of domestic violence, but they might arrest the wrong person or completely misunderstand the situation.
Why is it so easy for police officers to make questionable determinations in domestic violence cases?
Limited insight and information
Frequently, police officers responding to domestic violence complaints only have a little bit of information about what might be a complex situation. They might arrive at the scene and encounter one person engaging in aggressive behavior. Officers may arrest the person who has long been the victim of domestic violence if they overhear or witness reactive abuse occurring. Officers who have to make snap judgments based on what they observe and the information provided by the party who called the police might reach the wrong conclusion and arrest the wrong person.
Changing narratives from the people involved
Sometimes, police officers struggle to understand what really happened. Both of the people involved in the incident may provide one story initially and may then change what they claim happened later. It is relatively common for those involved in domestic violence scenarios to later recant statements that they made to the police officers. The changing stories people provide may lead to uncertainty about how to address the dispute.
Personal biases
Police officers should enforce the law neutrally and treat every person they encounter with the same respect and dignity. Unfortunately, law enforcement professionals are human beings who may let their emotions and previous experiences influence how they do their jobs. Trauma from a prior domestic violence call gone bad or memories from personal experiences may result in officers being less objective toward certain people because of their appearance.
Contrary to what people sometimes assume, innocent people may end up facing domestic violence charges in some cases. Those accused of becoming violent toward family members, roommates or intimate partners may need help responding to the allegations that they face. With the right defense strategy, those facing domestic violence charges can sometimes avoid a criminal conviction.