Police have some discretion when it comes to making arrests during a domestic violence call.
If there is no sign of injury to either party, no violation of a restraining order, and no warrants are out for either party, police have the option to not make an arrest.
However, if there is indication that a physical altercation has happened, if one party is in violation of a no-contact court order, if there is an outstanding warrant for either party, or if there is evidence that a weapon has been used in a domestic violence crime, an arrest is mandatory.
Other steps may be taken to protect the victim, such as seizing weapons in the home.
When you’re facing prosecution stemming from a domestic violence incident in New Jersey, you need legal help right away.
Call attorney Matthew Reisig at 732-625-9661 and talk to an experienced New Jersey defense lawyer for free.