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Police Often Required To Make Arrests For Domestic Violence

People who are in close relationships with family members or significant others know all too well that these relationships are not always easy. People disagree, fight, break up and get mad; this can be all but impossible to avoid.

Unfortunately, sometimes these altercations spiral out of control. When emotions are running high and people are yelling, throwing things or physically attacking each other, there is a very real possibility that the police will be called to come and intervene. At this point, serious actions may be taken to dissolve the tension between two people.

Under New Jersey laws, police officers are required to arrest someone in certain situations of alleged domestic violence. This means that if police respond to a domestic violence call, they will arrest someone if:

  • There are signs of injury
  • A person has a warrant out for his or her arrest
  • A restraining order has been violated
  • The altercation involved certain types of weapons

Even if these conditions are not evident when police respond, they are still allowed to arrest one or both people involved if they believe that a domestic assault has taken place.

Police will make their own determinations about a situation by taking into account some fairly subjective information. They may rely on statements from neighbors who heard fighting but never actually witnessed any violence. When officers respond to a call involving a man and a woman, they may automatically assume the man is the attacker, especially if he is larger than the woman. In some cases, they end up arresting both parties just to put a stop to a fight.

In any of these scenarios, one or both parties can be extremely upset and try to stop police from making an arrest. However, it is crucial that people try to stay calm, comply with police orders and remember that they have the right to speak with an attorney.

Legal representation can prove to be a significant source of support and relief, whether a person is accused of domestic violence or is the victim of an assault. Taking legal action to protect oneself, either from another person or from wrongful charges, is something that every person has the right to do.

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