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Why don't the Police do something?
I often hear statements like this: "He has hurt me a lot of times and I finally decided to call the police this time, and they didn't do anything."
How tragic that she finally decided she wasn't going to take it anymore, but when she called the police she didn't get the help she wanted. I would just like to walk you through a basic Domestic Battery call, from the police officer's viewpoint. If you know what we're looking for and what rules we have to work under, you can better understand the decisions we make.
First of all, you have to know that responding to a domestic battery is different than all other calls in one major area, there are high emotions involved from every person on the scene. Suspect, victim, family members and witnesses all have a stake in the outcome, and their relationships may be forever changed. Victims who call the police because they want the battery to stop, may turn on the officers and attack them when they realize the cops are taking their loved one to jail. For this reason, when an officer arrives on the scene, his first objective is to stop the action and gain control over every person present. Simply showing up in a uniform might do the trick, or he may have to speak firmly (yell) or physically restrain the combatants.
The officers next objective is to get medical attention for anyone who needs it.
The investigation into what happened usually begins with separating everybody and then each person tells their side of the story. The officer talks to witnesses, asks if anybody has any injuries, and checks for any other evidence that would support any persons version of what happened.
The officer's final decision and actions depend on whether he establishes three criteria on domestic battery calls. Read these twice, because this is the most important part of this page.
1. Is there evidence that a battery occurred.
2. Is there a domestic relationship between the victim and suspect. And,
3. Did the battery occur within the past 24 hours. (your state may have a different time frame)
If all three criteria are met, the officer must make an arrest. If any one of these criteria are not met, he wont make an arrest. If the batterer is gone when the officer arrives, he must make an arrest if he locates the suspect within 24 hours of the time the battery occurred.
The toughest criteria to meet is the first one. Evidence usually consists of statements from witnesses, visible injuries, or any other physical evidence that confirms a victims account. This may be a broken door or window where the suspect entered to get at the victim, or bullet holes in the victim's house or car, video surveillance, I've even seen cases where one of the kids used their cell phone and made a video of the battery. If there is no witness nor evidence, the officer can't arrest someone based solely on the victims word that they were battered.
If the officer does not make an arrest, it doesn't mean that he doesn't believe you. I've been to many calls where I truly believed the victim's account, but there was no evidence to prove it and I could do no more than write a report.
This does not necessarily mean the investigation is over. The fact that a victim had no visible injuries an hour after the battery occurred, while the officer was there, does not mean they were not injured. A victim may report pain to the officer but he doesn't see anything. If the victim seeks medical attention and is found to have a broken bone or other internal injury, the doctor's report and ex-rays become evidence and charges may be brought against the suspect. As a detective, I often get the report a few days later and call the victim and learn that bruises have developed in the area where she reported to the patrol officer that she was injured. I meet with the victim and photograph her injuries, now there is evidence. I can't make an immediate arrest if it is now more than 24 hours after the battery, but I will submit the case to the District Attorney for a warrant or summons.
Most police departments actively pursue domestic battery cases. We know that a large percentage of homicides involve a domestic relationship. If no arrest was made when the incident was reported, a detective will be assigned to investigate in most departments. If you have injuries that develop, or if you learn of a witness or other evidence, call your police department and ask to speak to a detective. Don't wait! Your bruises and injuries will heal or witnesses may become reluctant to get involved as more time passes.
If the batterer is gone when the officer arrives and he is not located within 24 hours, don't assume he got away with it and the police are going to do nothing. When your report gets turned in it will be routed to a detective (in most departments). Every domestic battery report that our department receives is reviewed by a detective. If the first two criteria are met, (evidence and a domestic relationship), the detective will submit the case to the District Attorney for a warrant or a summons. If the report contains all the information that the detective needs, he may not even contact the victim, but just submit the case. The victim may think nothing is being done for weeks or months until the summons arrives in the mail or the suspect gets picked up on a warrant. If you have made a report and wonder what happened to it, call your police department.
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