A Summary and Analysis of Warrantless Arrest Statutes for Domestic Violence in the United States

Abstract

In the United States, all 50 states and the District of Columbia have enacted statutes that allow police officers to make warrantless arrests for domestic violence given probable cause; however, state laws differ from one another in multiple, important ways. Research on domestic violence warrantless arrest laws rarely describe them as anything more than discretionary, preferred, or mandatory, either within their analyses or within the texts of their publications; researchers, and their audiences, may not be aware of the vast and potentially important differences among these laws. In this article, we list the domestic violence warrantless arrest laws for each state, and discuss them in terms of five common elements: the phrasing of the arrest authority; whether additional factors to domestic violence are required to trigger the arrest authority; qualifications to the arrest authority; time limits for warrantless arrest to occur; and whether police officers are required to report why they made a dual or no arrest. We then analyze the common elements of the laws, paying particular attention to how they may encourage or discourage the arrest of alleged domestic violence perpetrators. It is critical that researchers, advocates, and policymakers are aware of these variations in state statutes when conducting or interpreting research or making policy recommendations.

Predictors of Child Abuse Charges Within the Context of Domestic Violence Arrests

“… 1. Mandatory arrest laws indicate that the officer “shall arrest” the suspect in a domestic violence incident when law enforcement determines a crime has been committed (Zeoli, Norris, & Brenner, 2011). The study site jurisdiction mandates that if both parties claim domestic violence, the officer must determine who the primary aggressor is and in the officer’s determination, he or she may consider the intent of the law to protect domestic violence victims from continued abuse, threats of fear of physical injury, the history of domestic violence between the two parties, and whether one party acted in self-defense. …”

Police Response to Domestic Violence: Situations Involving Veterans Exhibiting Signs of Mental Illness*

“…Despite conflicting findings about whether arrest deters domestic violence, many states’ laws and police agency policies either mandate or “prefer” arrest given probable cause (Philips and Sobol, ; Zeoli, Norris, and Brenner, ). Although the intention of these policies is to limit police discretion and favor arrest, police still exercise considerable discretion over whether to make arrests or handle matters informally.…”

Confronting the Complexities of Domestic Violence: A Social Prescription for Rethinking Police Training

“…Recent research (Zeoli, Norris, & Brenner, 2011) analyzing 2010 state statutes found significant variation in laws enabling and requiring warrantless arrest in domestic violence cases (excluding laws pertaining to protective orders). The authors note that research has classified laws into two dichotomous categories: discretionary (usually preferred arrest laws that allow officers to make an arrest-e.g., "may arrest") and mandatory (laws that require arrest-e.g., "shall arrest").…”

“…The authors note that research has classified laws into two dichotomous categories: discretionary (usually preferred arrest laws that allow officers to make an arrest-e.g., "may arrest") and mandatory (laws that require arrest-e.g., "shall arrest"). Zeoli et al (2011) contend researchers have not always agreed upon the classification of individual state laws, in part, because of the confusing and contradictory language of many state statutes. They found 21 states allow for arrest, four states prefer arrest, and 14 states require arrest.…”