Police Warrantless Arrest Authority: Domestic Violence and Order Violations

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