Arkansas & U.S. Codes Related to Domestic Violence

Primary Physical Aggressor / Predominant Aggressor / Dominant 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 single domestic incident, police officers should  attempt to identify the primary physical aggressor after considering the following criteria: 

• The comparative extent of any injuries inflicted by and between the parties; 
• Whether any of the parties are threatening or have threatened further harm against another party, family, or household member; 
• Relative size of the parties;
• Whether any of the parties has a prior history of domestic violence that the police officer can reasonably ascertain; 
• Whether any such person acted defensively to protect himself or herself from injury. 

Police officers are encouraged to evaluate each complaint separately to determine who is the primary aggressor and should  not base arrest decisions on a victim's willingness to testify in court.

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Many training programs now include additional factors to consider (“She hit me, too”):

• Age, height & weight of the parties
• Criminal history
• Domestic violence probation
• Corroboration
• Presence of fear
• Offensive/defensive injuries
• Seriousness of injuries
• Motive to lie
• Strength and skill
• Use of alcohol or drugs
• 911 reporting party 
• Timing of citizen’s arrest
• Demeanor of parties
• Existing protective orders
• Detail of statement
• Self defense, defense of others/property

These classes also include questions to ask:

• Who is fearful of whom?
• Who in the relationship poses the most danger to the other?
• Who is seeking to stop the violence?
• Who is seeking to avoid punishment?
• Who is at most risk of future harm?
• Who has motive to lie or retaliate?
• Whose story makes the most sense?
• Do the injuries and evidence corroborate the statement?
• Is there evidence of consciousness of guilt?
• Is there a history of domestic violence, as the perpetrator or the victim?

Another good question to ask both parties at the scene is “What will your partner tell me about what you did?” Then confront the female with the male’s version. Find out what she believes. Does she confirm or deny the male’s version? Then ask the same set of questions of the other party. Always ask, “What was the argument about?” This question more than any other will help identify any motive to lie and/or expose any possible defenses. Finally, document the reasons why one version is more believable than the other and the reasons for your arrest.

The consequences of arresting the wrong individual, and the messages being sent to offenders,
victims and children, are cause for concern:

• Offenders are being rewarded for manipulating the system. They feel invincible.
• Victims think twice before calling the police. As a result they continue to live in fear.
• Children are learning to distrust the police. In cases where both parents are arrested, children
  associate the presence of police with the breakup of the family. [*Children also see what really happened much of the time. If they see the police arrest someone they know was a victim, it continues to erode trust in the system.]
• Police officer frustration is growing.
• Batterers are not being held accountable.
• Victims are not being protected and as a result are increasingly unwilling to seek help
• Issues concerning dependency, child custody, housing, immigration and other consequences
  are emerging.

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The primary aggressor is defined as "the person determined to be the most significant, rather than the first, aggressor." Factors to consider include the history of domestic violence between the people involved, the threats and fear level of each person, and whether either person acted in self defense. These are appropriate considerations when determining who is the primary aggressor, and therefore which of the two parties should be arrested. (California Commission on Peace Officer Standards and Training guidebook)

The primary aggressor usually has bite marks on his or her chest arms or legs; scratches if the victim is being strangled; or injuries made by a weapon. Victims defensive injuries are usually consistent with being in a fetal position and result in bruises to the backs of the arms, legs, buttocks and back. 
( http://www.ncdsv.org/images/BreakingDownMythsDomesticViolence.pdf ) 

Reading on this topic:

• “She hit me, too” [pdf]
  Identifying the Primary Aggressor: A Prosecutor’s Perspective
  Gael B. Strack, San Diego Assistant City Attorney
  1200 Third Avenue, Suite 700, San Diego, California 92101
  gstrack@sandiego.gov  • www.sandiegodvunit.org 

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Dual Arrest: [more info] 

When officers arrive at the scene of a domestic violence crime, they often cite evidence that both partners have engaged in some aggressive behavior, and arrest both the man and the woman (or both parties, of whatever gender). This "dual arrest" strategy fails to take into account which of two people is primarily responsible for the aggression and which one is responding out of self-defense, and can have devastating effects, particularly if there are children involved in the relationship. 

Dual arrest has a potentially chilling effect which could discourage domestic violence victims from turning to the police with help.

As states move toward preferred or mandatory arrest policies, the goal was to remove the perpetrator from the home. However, there has also been an increase in so-called dual arrest, where an officer arrives and arrests both parties. Not only does this often re-victimize the female victim, but it puts the youngsters in the home at greater risk of removal. 
[ http://www.usm.edu/policecorps/cyberinst/cmap/03domesticviolence.pdf ] 

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