Final Paper 1

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Domestic Disturbance and Policing
Hillary Diamond Grand
Canyon University JUS-
320
Pernell Witherspoon
February 6, 2022
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Domestic Disturbance and Policing
Domestic violence has been a growing and ongoing issue here in the United States.
Domestic violence doesn’t only occur in in the U.S, but all over the world. Statistics have shown
cases in countries such as Syria, India, and Pakistan where domestic violence/abuse has
occurred. Children are subjected to watching their mothers get physically abused in their own
home. Domestic violence or domestic abuse include physical assault, sexual abuse, and stalking.
Other behaviors that would be included in this category are emotional, psychological, and
financial abuse. Although these are not physical forms of abuse, they could very well lead to it.
“The term “intimate partner violence” is often used synonymously; other terms have included
wife beating, wife battering, husband battering, relationship violence, domestic abuse, spousal
abuse, and family violence, with some legal jurisdictions having specific definitions (Birzer &
Roberson, 2015).”
Reporting of Crime
The process starts with a phone call to the police station, where an officer is dispatched to
the residence where the action is taking place. After an officer and/ or officers arrive they will
collect evidence that a situation has occurred. “An officer does not need to witness the crime to
make an arrest but can rely on evidence at the crime scene. Evidence may include the victim’s
statement, torn clothing, victim’s injuries, or destruction of property in the home (Birzer &
Roberson, 2015).” After the officer responds to the call, they must explain the notice of rights of
domestic violence. This notice of rights advises the victim of the available court action. There are
many states that require officers to make an arrest assuming they have probable cause that a
crime of domestic violence has occurred. There were mandatory arrest laws that were enacted in
which an officer would drive the abuser around the neighborhood instead of taking the abuser to
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jail. This allowed the person to “cool off”. An officer must perform further investigation to
factor whether drugs and/or alcohol played a part.
Filing of Crime
After an arrest has been made, the victim has the right to press charges or file a domestic
violence complain against the abuser. During this process, the courts become involved, and a
temporary restraining order can be issued. This would prevent the abuser from getting close to
the victim. If the abuser does contact the victim, other charges could be brought to said
individual. The victim does get notified if the abuser gets released from custody or has a
reduction in bail. A person that is arrested on domestic violence charges will be held in jail until
a bond is issued. This does not occur until the abuser has gone before the judge, which could take
anywhere between 24-48 hours depending on when the arrest is made. If the arrest is made on a
holiday or weekend, it could take 72 hours before he/she is seen by a judge. Once the abuser has
gone before the judge and a plea has entered, future court dates would be set.
Steps to Prevent Further Abuse
An officer that believes abuse has occurred in a residence are required to take further
steps to prevent further abuse. Certain steps that officers take include having arrangements
made for the victim to be taken to a medical facility or to a safe place, providing referrals to
local domestic violence agencies, referrals for counseling, assisting with a safety plan, and
advising on home security issues.
Improvement of Procedure
The procedure could be improved through the mandatory arrest laws. As stated before,
it is mandatory for an arrest to be made in a domestic violence disturbance. “ Current research
indicates that the passage of mandatory and preferred arrest domestic violence laws has resulted
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in an increase in arrests for intimate partner violence as well as other relationships included
under such statutes (Hirschel, Buzawa, Pattavina, & Faggiani, 2008).” Since there has been an
expansion of the scope of relationships in statutes, this also poses an issue for mandatory arrests.
“While initial domestic violence statutes typically only addressed violence between married
couples, definitions have been expanded to encompass a broader range of domestic relationships,
such as couples with a child in common, persons in dating relationship, and adults related by
blood or marriage ((Hirschel, Buzawa, Pattavina, & Faggiani, 2008).” There has also been an
increase in female arrests due to officers making a dual arrest. In Connecticut the dual arrest rate
is has high as 23%.
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References
Birzer, M. & Roberson, C. (2014). Police field operations: Theory meets practice, 2/e (2nd ed.). Pearson
Education.
Hirschel, D., Buzawa, E., Pattavina, A., Faggiani, D. (2008). Domestic Violence and Mandatory Arrest
Laws: To What Extent Do They Influence Police Arrest Decisions, 98 J. Crim. L. & Criminology 255

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Domestic Disturbance and Policing

Hillary Diamond Grand

Canyon University JUS-

Domestic Disturbance and Policing

factor whether drugs and/or alcohol played a part.

Steps to Prevent Further Abuse

advising on home security issues.

it is mandatory for an arrest to be made in a domestic violence disturbance. “ Current research

is has high as 23%.

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