This can be a tricky situation because Officers are thrust into a scene with no understanding of the backstory. Or, it could come down to the individual who poses the greater threat. The officers try to determine who was the “primary aggressor” or, in other words, the individual who started the altercation or who kept it going. Knowing They Have To Arrest, How Do They Decide? If officers, using their best judgment and discretion, decides to not arrest an individual, they can get in trouble upon review of the situation by their supervisor. Even though there may be a better solution than arresting a party, they must make an arrest. The law enforcement officers who respond are sometimes in a box. The officer shall arrest the person whom the officer believes to be the primary physical aggressor. When the officer has probable cause to believe that the individuals involved have assaulted each other, the officer is NOT required to arrest both persons. (iii) that a physical action has occurred which was intended to cause another person reasonably to fear imminent serious bodily injury or death. (ii) an assault has occurred which has resulted in bodily injury to the victim, whether or not the injury is observable or, (d) The person is eighteen years or older and within the proceeding four hours has assaulted a family or household member or intimate partner… and the officer believes: RCW 10.31.100 (2) states that “ police officer shall arrest and take into custody …a person without a warrant when the officer has probable cause to believe that:
RCW 10.99.030 (6)(a) states “hen a peace officer responds to a domestic violence call and has probable cause to believe that a crime has been committed, the peace officer shall exercise arrest powers with reference to the criteria in RCW 10.31.100.” The Mandatory Arrest Rule Comes From The Combination Of Two Washington Statutes.
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