Does Virginia have a mandatory arrest law? How does it affect same-sex couples?
Virginia law requires that if law enforcement have probable cause to believe that a domestic assault has occurred (this usually means they are able to see scratches, bruises, or other injuries with their own eyes), they must arrest the “predominant physical aggressor” unless special circumstances exist which would dictate some other course of action (see VA Code 19.2-81.3). This kind of statute is known as “presumptive arrest,” which differs from mandatory arrest in that although there is a presumption that police will make an arrest, there are situations in which no arrest will be made. Regardless of whether the police make an arrest or not, they must request an emergency protective order from the magistrate for the victim and provide information about legal and community resources available in the area. If the victim requests it, they must also provide transportation to a hospital, safe shelter, or magistrate. In theory, this law applies to all domestic violence situations covered by
