If a cop is on a domestic dispute stop does the cop have to take someone to jail while on that stop?

Chloe

If an arrestable offence has been committed, the police have full power to effect an arrest.

thumpfrosty

that depends what state you live in. some states yes some no and some states both parties involved! generally if there is any type of violence it is mandatory if not and things quiet down for the most part they will just let things cool down and leave.

nosdda

It depends on the dispute. If it is only an argument then the cop will warn them to stop the argument or he will arrest them for disturbing the peace. But if someone has been assaulted during the argument, then he would make an arrest.

wizjp

Depends on the state law. Usually he has a broad range of options that stop short of jailing anyone unless there is proof of a violent act.

laughter_every_day

Laws vary. In my state, if a cop determines that there has been crime of domestic battery committed, he is then to determine the primary aggressor and then must make an arrest.

Jeanne marie s

Only if their is signs of abuse, then they are required to whether you want them to or not.

Chuckie O

It's a judgment call.

If the police fear that violence will occur if they leave, or if there was a crime witnessed, or if someone presses charges, they should.

If it looks like the situation resolved itself, not necessary.

m d

NO, the police don't have to arrest anyone especially if they find no reason to. Offten times they will try to separate the 2 (or more) for at least the night, give all parties a cooling off period so that tempers can cool off.

Adrian G

No. Final answer. Only if a crime that warrants being arrested is committed.

alyssa b

it all depends on the county law where i am somebody gotta go to jail for domestic im in Florida

Hey there

That can vary by state law and/or departmental policy.

michelob86

No, just try to sort out the problem. Only if someone presses charges or the cop observes a crime, would someone get arrested.

Vicky T Viking

If a husband, wife, or partner is violent and abusive then I would hope that the cop would do his duty to protect the abused party and remove the criminal.

Violence is a crime whether it is used against a stranger or family member.

butterflynblack

No. The police can often diffuse the conflict. Usually, someone in the dispute wont shut up or stop acting crazy, and they take them out of the home. They usually dont like to leave if someone is going to start up as soon as they leave.

Almond

no, thats not always necessary. When an officer makes such a stop, they make a call to the prosecutors office. If the prosecutor wants to take the charge, then the cop makes an arrest. Otherwise, no one goes to jail.

Summer

A police officer can not ignore a crime that is being committed. In some states like Ky you automatically go to jail, do not pass go. And nine times out ten the officer will be called back that night or in near future. Domestic violence is worst thing a officer can respond to he does not know the suspect and there are few wittnesses to question so who do you believe they both usually have injuries. But after a while it becomes clear who the perpetrator is.

Compo Lives!

No, but check your law to make sure.

cuddles

yea if theres domestic violence then he will take one to jail...or tell one of the parties to go stay somewhere else..
they cant just leave the scene and leave both parties there...

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