Question:

If a police officer suspects that you've been hurt by your boyfriend..?

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..but you deny it, can the police officer arrest him?

Purely hypothetical. Just curious.

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8 ANSWERS


  1. If they suspect it-no.  They can investigate it further if they suspect a crime has occured though.  

    BUT if they get an 'anonymous' tip that there is some form of domestic abuse going on at your place, then they MUST arrest whoever they feel is the threat of this situation as defined by state law.  And USUALLY, that means the guy.


  2. No, they cannot because without proof and the so called victim saying it is un-true they'd never be able to hold up in court.

      

  3. Supposedly they cannot , but some do it anyway ,  

  4. I know in Britain, police there can arrest and charge you without a defendant making a report.  There was one lady using an underpass in Elephant & Castle who was assaulted.  Police have no idea who she is, beyond the CCTV footage of the attack.  However, they recognized the attacker, and he was duly charged and convicted of the attack.

    In the US, I think the police would leave it alone, unless you were really hurt.  But I don't live in the US, so take it with a large grain of rock salt.

  5. h**l no that would be a false arrest.

  6. It depends on the jurisdiction.  In some there is a mandatory arrest for SUSPICION of domestic abuse.  Regardless of charges brought by the victim.

    Other jurisdictions require reasonable evidence of abuse for arrest.  

    Most jurisdictions have enacted some form of mandatory arrest law for domestic abuse.

    If this is purely hypothetical, call your local police department's public affairs division and ask what the laws are in your city/county/state.

  7. they can accuse him, but they cannot arrest him unless they have a witness or proof.

  8. No, but then that is how a lot of battered women react to it, they deny it. They keep denying it...

    That is not the way to go, if that is what is happening (hypothetically).

    In a specific scenario, if a woman were to call the police about battery, have the guy put in jail for a night, then drop the charges, and then a neighbor calls them again later and they come, see her bloodied, and she denies it, they will probably still arrest the guy.

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