Police

When someone calls the police to report an incident, the police may come to the home if the incident took place at the home (or they may tell the victim to come to the police station to file a report if the victim is reporting an incident that happened at another place or time). If they arrive at the home and both the victim and the offender are there, the police may first make sure that both people are safe and then to take steps to investigate if a crime happened. They may ask the victim questions, and they may ask the abuser questions. They may also ask questions of anyone else they believe might have information, like someone who may have seen the incident. They may also look and photograph any bruises, marks, or injuries that are visible on both the victim and offender. They may take pictures of any broken items or collect them as evidence if they think it helps prove that a crime was committed. If they believe that a crime has been committed, they may arrest that person right away or they first may have to get a warrant issued the the arrest, depending on the situation.

[ADD IF THERE IS ANY INDICTION THAT IMMIGRATION STATUS IS AN ISSUE] Another issue to consider, especially for an immigrant without a legal status, is whether or not the police will detain and/or report an undocumented person to federal immigration authorities. If either the victim or offender is undocumented, and the victim is concerned about the police enforcing federal immigration law in this way, it may be helpful to first have a conversation with a domestic violence advocate to see if they know what the police tend to do in that county. You can find both state and local domestic violence programs on our website. [HYPERLINK TO STATE AND LOCAL PROGRAMS]

If someone is arrested, the prosecutor may file criminal charges for the crime(s) that s/he is accused of. The prosecutor may then ask the victim to fill out an affidavit or other forms that swear to the events the happened and the victim may have to testify in court if there is a trial. Often at the first court date, the judge will issue a criminal court restraining order on behalf of the victim (even though s/he may not be present in court). Speaking of restraining orders, another option that many victims choose is to file for a civil protection order in court, which is separate from any criminal proceedings. We have information about protection orders in STATE on our website. [HYPERLINK TO RO PAGE]

Whether or not you decide to call the police, it can be helpful to think through a plan to stay safe. We have some safety tips to help get you started, and an advocate at your local domestic violence program can also help you design a personalized plan for your safety. You can use the link above to find an advocate in your state.