California | Domestic Violence Primary Aggressor
Statute(s)
- Penal Code § 13701 Penal Code § 836
Official Law Text
These policies shall discourage, when appropriate, but not prohibit, dual arrests. Peace officers shall make reasonable efforts to identify the dominant aggressor in any incident. The dominant aggressor is the person determined to be the most significant, rather than the first, aggressor. In identifying the dominant aggressor, an officer shall consider the intent of the law to protect victims of domestic violence from continuing abuse, the threats creating fear of physical injury, the history of domestic violence between the persons involved, and whether either person acted in self-defense. In situations where mutual protective orders have been issued, liability for arrest under this subdivision applies only to those persons who are reasonably believed to have been the primary aggressor. In those situations, prior to making an arrest under this subdivision, the peace officer shall make reasonable efforts to identify, and may arrest, the primary aggressor involved in the incident. The primary aggressor is the person determined to be the most significant, rather than the first, aggressor. In identifying the primary aggressor, an officer shall consider: (A) the intent of the law to protect victims of domestic violence from continuing abuse; (B) the threats creating fear of physical injury; (C) the history of domestic violence between the persons involved; and (D) whether either person involved acted in self-defense.