State | Domestic Violence Arrest | Protection Order Violation | Other |
Alabama | Officer discretion | Officer discretion | Report required in all cases |
Alaska | Arrest mandated | Arrest mandated | Bars use of citation. Report required of non-arrest and dual arrest reasons |
Arizona | Arrest mandated if physical injury or weapon Otherwise Officer discretion |
Officer discretion | |
Arkansas | Officer discretion if within 4 hours Arrest preferred |
||
California | Officer discretion Arrest preferred |
Officer discretion (arrest preferred) Arrest mandate limits set by local policy |
Bars use of citation |
Colorado | Arrest mandated | Arrest mandated | Bars use of citation |
Connecticut | Arrest mandated | Ambiguous arrest mandate | Report required Citation in all misdemeanor cases |
Delaware | Officer discretion limited if physical injury or sexual assault | Officer discretion | |
District of Columbia | Arrest mandated | Report required in all cases | |
Florida | Arrest preferred | Officer discretion | Report required in all cases; why no arrests made.
Citation use bar. Discretionary warrantless arrest where bail conditions violated |
Georgia | Officer discretion | Officer discretion probable: "other offenses within his knowledge" | Report required in all cases |
Hawaii | Officer discretion | Officer discretion | Report required where officer believes abuse occurring |
Idaho | Officer discretion | Officer discretion | |
Illinois | Officer discretion | Report required in all cases | |
Indiana | Officer discretion in stalking and battery/intimidation cases only | Officer discretion | |
Iowa | Arrest mandated if injury, threat of injury, or weapon
display Otherwise officer discretion |
Arrest mandated | If arrest not possible, refer to DA within 24 hours Bars use of citation. State report required |
Kansas | Arrest mandated | Arrest mandated | Report required in all cases; state report required |
Kentucky | Officer discretion | Arrest mandated | Report incidents to state Dept. of Human Services within 48 hours. |
Louisiana | Arrest mandated if injury or danger of injury Otherwise officer discretion |
Officer discretion | Report required in all cases |
Maine | Arrest mandated if felony assault Otherwise officer discretion |
Arrest mandated | Agency reports to state Bureau of all incidents |
Maryland | Officer discretion within 48 hours | Arrest mandated | |
Massachusetts | Officer discretion Arrest preferred |
Arrest mandated | Report required in all cases |
Michigan | Officer discretion Arrest preferred |
Officer discretion | Report required in all cases; report forward to DA |
Minnesota | Officer discretion if within 12 hours | Arrest mandated | Report required in all cases Bars use of citation |
Mississippi | Arrest mandated if within 24 hours | Arrest mandated | |
Missouri | Officer discretion | Arrest mandated | |
Montana | Officer discretion Arrest preferred |
Officer discretion | Report required: non-arrest reasons. Bail schedule use bar |
Nebraska | Officer discretion | Arrest mandated | |
Nevada | Arrest mandated within 24 hours unless mitigating circumstances | Arrest mandated | Report required in all cases; include why no arrest made. State report. If citation issued, police must fingerprint offender. No-bail release order must include provision requiring arrest for violations |
New Hampshire | Officer discretion if within 6 hours | Arrest mandated within 6 hours | Bars use of citation |
New Jersey | Arrest mandated if injury or weapon used Otherwise officer discretion |
Arrest mandated | Report required in all cases; state report |
New Mexico | Officer discretion | Arrest mandated | Mandatory police filing of all possible charges in order violation cases |
New York | Arrest mandated | Arrest mandated | Report required in all cases |
North Carolina | Officer discretion | Arrest mandated | |
North Dakota | Officer discretion if within 4 hours Arrest preferred |
Officer discretion | Report required in all cases Bars use of citation Mandatory arrest for violation of criminal no-contact order |
Ohio | Arrest mandated where there is physical injury. Arrest preferred where "reasonable grounds" exist (local jurisdictions may issue mandatory arrest guidelines) |
Officer discretion. Arrest preferred. Local jurisdictions may issue mandatory arrest guidelines. | Report required why no arrest. State report. If cannot arrest, must seek warrant |
Oklahoma | Officer discretion if within 4 hours and injury seen | Officer discretion | Bars use of citation Agency monthly reports to state bureau Officer may not discourage filing of charges |
Oregon | Arrest mandated | Arrest mandated | |
Pennsylvania | Officer discretion if physical injury seen | Officer discretion | Bars use of citation. Report required and state report when state adopts NIBRS |
Rhode Island | Arrest mandated if within 24 hours plus injury or fear of injury | Arrest mandated if within 24 hours | Seek warrant if cannot arrest Report required in all cases No officer release until court hearing |
South Carolina | Arrest mandated if physical injury Otherwise officer discretion |
Arrest mandated if physical injury Otherwise officer discretion |
Report required if two parties are arrested (primary offender arrest policy) |
South Dakota | Arrest mandated if within 4 hours |
Arrest mandated within 4 hours | Full report required when arrest made |
Tennessee | Officer discretion Arrest preferred |
Arrest mandated | Report required. Explain non-arrest or dual arrests.
State reports (to court). Citation use limits where danger to victim |
State | Domestic Violence Arrest | Protection Order Violation | Other |
Texas | Officer discretion | Arrest mandated if in presence of officer Otherwise officer discretion |
Report required in all incidents; report to state Dual arrests (victim) barred at protected residence |
Utah | Arrest mandated | Arrest mandated | Report required; explain no-arrest or dual arrests |
Vermont | Officer discretion | Officer discretion | |
Virginia | Officer discretion | Report required; explain non-arrest (provide copy to victim) | |
Washington | Arrest mandated if felony assault Otherwise officer discretion |
Arrest mandated | Report required in all cases; report to state |
West Virginia | Officer discretion | Arrest mandated if injury Otherwise officer discretion |
Report required in all casesAgency monthly reports to state for UCR |
Wisconsin | Arrest mandated if physical injury or threat; within
28 days Otherwise officer discretion |
Arrest mandated | Report required where no arrest made, for DA review |
Wyoming | Officer discretion | Officer discretion | Report required in all cases Agency report to state for UCR |
Last Updated on 6/30/97
By Institute for Law and Justice
Email: webmaster@ilj.org