Is an arrest mandatory when police are called?
Many states have mandatory arrest laws requiring police officers to arrest the alleged primary aggressor in each domestic violence case. Supporters of mandatory arrest laws believe that a mandatory arrest will tend to impress upon the alleged abuser, by either punishment or alternative services, the seriousness and wrongfulness of his or her conduct. Missouri has had an “Almost Mandatory” arrest law since 1989. This means that a Missouri police officer is allowed to use discretion when responding to a domestic violence call. The officer is not automatically required to arrest the alleged primary aggressor. However, if no arrest is made the officer must file a written report explaining the choice not to arrest. If an officer has to respond to the same address within 12 hours for a similar circumstance, an arrest then becomes mandatory.
