Domestic Violence Investigations

Domestic violence presents a unique set of problems for law enforcement officers and prosecutors. Not the least of these issues is how to prevent the same behaviour from being perpetrated by the same offender on the same victim in the future. Because of this concern, Virginia law enforcement agencies are more likely to take a hard line on crimes of domestic violence.

When law enforcement officers respond to a reported incident of domestic violence, a number of variables factor into their decision whether or not to make an arrest. The following are some of the concerns that a Virginia police officer has to consider before making an arrest:

Was a crime committed?

Not all domestic disturbances become violent. The police are often called to the scene of a domestic incident, only to learn that no actual crime has been committed. The parties may have been loud enough to be overheard by neighbors, but the disturbance never escalated to a criminal level. 911 may be called by mistake. Police officers may still take some action in these instances. One of the parties may be asked to leave the residence for an agreed upon period. However, without a crime, law enforcement officers don't have the ability to make an arrest.

Do the parties involved fit the criteria to be considered family or household members?

In order for the act to be considered domestic violence, the parties involved have to be family or household members. Family or household members include: a spouse or ex-spouse, whether or not they live together; parents, children, step-parents, step-children, siblings, grandparents, and grandchildren, whether or not they live together; in-laws, who live in the same home; co- habitants and those who have co-habitated in the past year and their children; and persons who have a child in common, whether or not they live together.

Is there physical evidence of domestic violence?

Although not all domestic violence incidents produce a great deal of physical evidence, apparent injuries to the victim or damage to furniture or items are difficult for the police to miss during an investigation. In addition, photographs of injuries taken as evidence increase the chance for a successful prosecution.

Is the victim willing to pursue charges or provide a statement?

While neither of these conditions may be required for the police to make an arrest, cooperation from the victim may be necessary to obtain a conviction. Many cases of domestic violence are later dropped because the victim is unwilling to testify against someone that he or she still loves.

Were there any witnesses?

Domestic incidents often involve conflicting accounts of what occurred. Police officers are trained to determine the primary aggressor of the incident. Witnesses will often have a more credible and clearer account of what occurred than the subjects involved.

Because domestic violence investigations require so many considerations, mistakes are sometimes made by law enforcement. If you've been charged with a domestic assault or battery, you need to take your legal defense seriously. Domestic violence allegations can lead to restraining orders, jail time, fines, court ordered classes, the loss of visitation rights to your children and loss of security clearance.

Please feel free to call Carleton Penn, 703-501-4900 to discuss this further.