Is it ilegal to be arrested that way?

Tony S

Yes, chances are you live in a state where charges are automatically filed in domestic violence cases. It doesn't matter if your wife changed her mind or diesn't want you to be arrested. As a matter of fact, it's that type of situation why so many states have laws like that.

Kara

Since it was domestic the state took over the case. Its out of your wifes hands and yours now. They can legally do this because it was domestic.

duckinhimer

you shouldn't be beating on your old lady.

"That One"

It's absolutely legal. The only one who can drop charges is a DA.

Love to Help

You can be arrested but it's up to your wife whether she presses charges. In the mean time they are within their rights to hold you in custody, as a crime was reported. These issues are serious, I'm presuming violence was involved, and the police have to suspect that your wife may be too scared to have you arrested.

blackfootlady

ask for a lawyer, it happened to ex son-in-law---they told him it was legal, because he had previous charges filed against him for abuse--it was out of her hands by then and she couldn't drop or stop charges

Why Not?

In a "commonwealth" state, yes, that's legal, because it wasn't your wife pressing charges on you over what happened. It was the state pressing charges on you over what happened. It doesn't MATTER that she said she doesn't want you arrested, because it's not her lawsuit. It's THEIRS.

Nikki C

Sure is! They no longer need the "victim" to press charges. If they have reasonable suspicion to believe it happened or proof(marks, bruises) they can haul your butt off to jail if they choose. They can also choose to list the victim as "uncooperative" and file just a report....

Dylan

yes it is. but unless you have lots of money to sue them, there not much you can do!

danesilver

The only way I can see it being legal is if you caused bodily harm to your wife when you were fighting. If that were the case, you'd be charged with a Partner Family Member Assult. Once she, or anyone for that matter, says that you caused harm, they will put you in jail for the mandatory sentence. It also doesn't matter what ur wife says later, and they don't need a warrant for a PFMA.

If your wife didn't report harm, i'd definately get a lawyer to find out what you can do.

911247666

It depends on the jurisdiction you're in. In some cases, if your wife decides not to press charges, they usually let it go. What were the charges? You can be arrested then charged for something, but assuming the worse, if it goes to court, your wife can be present to plea your case and talk to the judge.

R and J K

I know that even if the person doesn't want to get you arrested, the cops are allowed to use their own judgement to decide if you should be or not. Problem is that domestic stuff is so emotional that they can't always judge based on the people involved. I'm not totally sure though.

TOO SHORT

once your name in that system it stays they say it don't but it do i was you i fight back get a lawyer police always think they are right they also can be dirty as well

*****

That is the way it is. Let this be a lesson to everyone. DON'T get the plocice involved in matters where you do not want someone arrested.

elaeblue

Yes because when you abused your wife the police dont need her to sign to arrest you. Its assault and they can arrest you without her pressing charges.

wizjp

Probably. They have a complaint for domestic, which in some states has a "don't Drop" tag attached, meaning that once filed, they can't drop it based on your wife changing her mind; only the DA or a judge can drop it. Warrant isn't germane here.

The Authority

I think you would be better off asking an attorney about this but here is my take.

Either way you need to have a pre liminary hearing where you plead guilty or innocent or no contest. You may have been locked up for a while waiting for your pre lim. I didn't know they had internet in jail though so I am guessing you are out now. I would say call a good lawyer and make sure your wife doesnt want to press charges, that would cancel the real trial.

rogueriverbob

it is legal,.....good luck to you,.....

Cameron B

if your wife told the cops that you were a threat to her physical being than yes, it is legal to arrest the person in question. However coming into your house and arresting you w/o a warrant or a probable cause. they had no clear evidence of you harming anyone so, government as usual. read up on local laws and find the ones that may have applied to you. read em in detail and if you find anything that they did wrong, you can bring em to court. fight the power!

lil nicky

Im not shore but i would just forget it and carry on wiv your life n treet your wife better u shouldnt be fighting wiv her your a man n

ahmed morsy

listen i will talk to you as I'm Muslim so in our religion the relationship between the man and his wife no one can interfere in it so this should be applied all over the world not as I'm Muslim but as i think that this relation ship is the most important relation in ever thing

minus

What can and can't be done depends greatly on where you are. Here where I live the police can shoot you dead and nothing will ever be done about it. They need no reason.

Most places on this planet the police can get away with way too much.

Another thing is that when a woman calls abut a man abusing her and especially the kids the man has little to say. Men are automatically guilty in such matters. This is especially true in the USA.

i dont know who i am?

leave the enemy alone

Beau R

Only a lawyer can tell you for sure, but it comes down to what you are charged with. Check with an attorney.

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