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Who gets arrested for domestic violence reports?

If you call law enforcement for a domestic violence situation, will you be taken to jail or will it be the other person involved? The answer to this can be surprising. According to The Gainesville Sun, Florida law states the person who began the physical violence is the person who is arrested. The reasons behind the actions are not taken into consideration.

It is quite possible under the law for an officer to arrest you even if you are the actual victim. As long as it is determined you first escalated things, you will be the one going to jail. So, in a situation, for example, where your partner was threatening you or intimidating you and you retaliated in a physical way out of fear, the law says you must be the one who is arrested.

Obviously, this law has been problematic. In fact, it has led to an increase in the number of women being arrested for domestic violence in the state. It is left up to law enforcement on the scene to make a determination of who first started the violent actions by looking at any physical wounds and taking witness statements. Past incidents are not considered, though.

Of course, not every case where a person is arrested is questionable. Many times, it is the right person going to jail. Statistics have shown that women are becoming more aggressive, men are more likely these days to report abuse situations and cops are more willing to arrest women than in the past. This all leads to women who are the actual abusers in the situation being taken to jail. This information is only intended to educate and should not be interpreted as legal advice.


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