What is “probable cause” for arrest?
For the police to make a decision to arrest, they need to find “probable cause” that a crime was committed. This means they must have enough evidence to believe that the abuser committed a crime by harming or threatening the victim. Evidence could include: • 911 emergency calls to police; • Signs of visible harm or injury to the victim or the victim’s children such as torn clothing, cuts, bruises, or swelling; • Damage to personal property such as walls, furniture, windows, car, or signs of break-in; • Messages (either recorded or written) threatening the victim or apologizing for having hurt or scared the victim; and/or • Statements from the victim, the victim’s neighbors, children, family members, or anyone else who saw or heard what happened. What is a “primary physical aggressor”? In cross complaint situations, where there is probable cause to believe that more than one family or household member has committed a family offense misdemeanor, in or out of the officer’s presence in a s
