Can an abuser be arrested even if the victim doesn't want an arrest? (MANDATORY ARREST)
THIS EMAIL IS ABOUT AN ABUSER BEING ARRESTED - THERE IS DIFFERENT SAMPLE LANG ABOUT IF AN ABUSER CAN BE PROSECUTED (SEE “V WANTS TO DROP CHARGES”)
Regarding whether or not the police will arrest someone if the victim of the crime asks the police not to, this may depend on many factors: the circumstances surrounding the crime, how severe or serious the crime is, the injuries that the victim has, whether or not the police witness the crime occurring, and many other factors. Therefore, I cannot say whether or not the police would arrest someone even if the victim asks the police not to. In terms of crimes that relate to domestic violence or a violation of a protection order, many states have what is known as a mandatory arrest policy, where for certain crimes, the police must arrest. [GO TO THIS LINK: http://www.abanet.org/domviol/docs/Domestic_Violence_Arrest_Policies_by_… TO SEE WHAT HER STATE’S POLICY IS ON MANDATORY ARREST - THEN LOOK UP CITATION IN WESTLAW AND GIVE HER THE LANGUAGE OF THE LAW AND LET HER KNOW THAT YOU DID SOME RESEARCH AND FOUDN WHAT APPEARS TO BE THE RELEVANT LAW IN HER STATE REGARDING MANDATORY ARREST]
To find out more information about the mandatory arrest policies in your state, you may want to contact your state’s Coalition Against Domestic Violence, which you can see here: GIVE CONTACT INFO FROM STATE PROGRAMS - LOOK UP THE STATE COALITION ON THAT PAGE