Mandatory Arrest in Washington: Why Police Must Act on Domestic Violence Calls

Mandatory Arrest-Domestic Violence Calls

It’s a common situation – a potentially minor incident or heated argument occurs between two people at their home, escalating quickly and resulting in one party calling the police. As the police arrive, the individuals speak to the police about what happened but reiterate that they are fine and do not want anyone arrested. Sometimes people call the police hoping they will ask the other party to stay the night elsewhere or just to calm things down. They may even immediately regret their decision, but the police are on their way anyway and have a duty to respond. What those involved may not know is that Washington has a mandatory arrest law; officers must make an arrest if they have probable cause to believe a domestic violence situation has occurred.

RCW 10.31.100 Arrest without a warrant part (2)(d) states that an arrest may occur under the following conditions, if:

• The assault occurred within the preceding 4 hours and
  • an assault has occurred which has resulted in bodily injury to the victim, whether the injury is observable by the responding officer or not; or 
  • that any physical action has occurred which was intended to cause another person reasonably to fear imminent serious bodily injury or death

The statute goes on to explain that bodily injury means physical pain, illness, or an impairment of physical condition. If an officer determines they have probable cause to believe that a family member or member of the household assaulted each other, they are not required to arrest both parties and instead can decide who was the primary aggressor. RCW 10.31.100(2)(d)(iii).

In simple terms, this statute does NOT require there to be a visible injury or even for physical contact to have allegedly occurred in order for a mandatory arrest to apply. It is also not required that the reporting party is determined to be the victim, and police have discretion to assess the situation through statements at the scene and history between parties.

How is Assault Defined?

You may have heard the terms Assault and Battery before. In Washington, these charges are consolidated into just Assault, with there being varying degrees based on severity. Assault can therefore range from the fear of imminent physical danger to actual physical danger having occurred, all under one umbrella. Washington Pattern Jury Instruction 35.50 in part defines assault as:

“…An act done with the intent to create in another apprehension and fear of bodily injury, and which in fact creates in another a reasonable apprehension and imminent fear of bodily injury even though the actor did not actually intend to inflict bodily injury.”

WPIC 35.50 (Wash. Pattern Jury Instr. Crim.)

Because of this, if the police have probable cause to believe that such an act did occur to create apprehension and fear of injury in a domestic violence situation, they must make an arrest.

What Happens Once Police Decide to Arrest?

Since it is not up to citizens to request whether someone be arrested or not, if the police determine there is probable cause to believe an assault has occurred, they will make an arrest. The presumed aggressor(s) is often taken to jail, with release coming only after a court appearance in front of a judge. At this hearing, they will be formally charged, and the court will issue a No-Contact Order protecting the alleged victim. This will remain in place until the case ends or the court determines it is no longer necessary.

No contact orders can disrupt families, employment, and housing. The order may mean you cannot go home if you live with the alleged victim; you also cannot call, text or contact the alleged victim (even if they want to), or have third parties send messages on your behalf.

Next Steps

While Mandatory Arrest laws are intended to protect victims, police can make mistakes in determining who is at fault or what really occurred. If arrested for a domestic violence charge, we will do everything we can to ensure a fair outcome is reached. As your criminal defense attorneys, we will challenge the probable cause claim, build the best defense for your specific case, ensure you follow all requirements of the No-Contact Order, and negotiate for a dismissal or reduced charges.

If you have been charged with a Domestic Violence charge, please call Powers Law Group at 360-419-0809 for a consultation.