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When Is a Domestic Violence Arrest Required Under Washington Law?
Washington’s Domestic Violence Protection Act takes domestic violence seriously. The laws are meant to protect victims and ensure accountability. There are circumstances where enforcement must make an arrest in domestic violence cases. This blog explores the circumstances under which a domestic violence arrest becomes mandatory under Washington (WA) law.
What Is Domestic Violence in Washington?
Domestic violence in Washington is defined broadly. It includes both bodily injury and infliction of reasonable fear of imminent harm. The domestic violence law applies to spouses, former spouses, parents and children, siblings, individuals who have lived together, and those in intimate partnerships.
Mandatory Arrest: The Law Explained
Under Washington law, specifically RCW 10.31.100, police officers are required to make an arrest without a warrant in certain domestic violence situations. This is known as the “mandatory arrest” rule. The purpose is to protect victims and prevent further harm, even if the victim does not wish to press charges or see the perpetrator arrested.
Police who fail to follow mandatory arrest laws can face civil lawsuits.
When Is an Arrest Mandatory?
- Probable Cause: If an officer has probable cause to believe that a person has committed a qualifying domestic violence offense within the previous four hours, an arrest is mandatory. Probable cause means there is reasonable evidence or indication that the crime occurred.
- Assault or Threats: If there is evidence of assault or threats of harm, and these acts took place within the past four hours, police must arrest the alleged offender.
- Violation of Protection Orders: An arrest is required if someone violates a court-issued protection order (such as a restraining order or no-contact order), regardless of when the violation occurred.
Exceptions and Officer Discretion
While the law mandates arrests in certain situations, officers may exercise discretion in others. For example, if the incident happened more than four hours ago, the officer may not be required to arrest but are encouraged to do so if circumstances warrant. Additionally, if both parties appear to have committed offenses, officers are instructed to arrest the primary aggressor to minimize further harm.
Why Is the Law So Strict?
Mandatory arrest policies are designed to break the cycle of abuse and protect victims who may be too afraid or unwilling to report crimes. By removing the decision from the victim and placing it in the hands of law enforcement, the state hopes to prevent further violence and hold offenders accountable.
What Happens After a Mandatory Arrest?
An arrest buys a victim time. After an arrest, the alleged offender is taken into custody and may be held until a court hearing. The court may issue additional protection orders and set bail conditions. Victims are provided resources and support, and the case proceeds through the legal system.
Conclusion
Understanding Washington’s mandatory arrest laws for domestic violence is crucial for anyone involved in such situations. The laws are designed to protect victims and ensure swift action when abuse occurs. If you or someone you know is affected by domestic violence, contacting law enforcement or a local support organization can provide immediate help and guidance.
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