In a domestic violence incident, who must be arrested?

• A. The person with more injuries
• B. The person who called the police
• C. The predominant aggressor
• D. The suspect with prior DV record

Answer: (C)

When officers respond to a domestic violence incident, the focus is on identifying the person who initiated and sustained the violence—the predominant aggressor. Determining who is the predominant aggressor involves looking at the whole situation: who started the fight, who continued it, what threats or weapons were used, the extent of injuries, and any history of abuse. This approach ensures the primary offender is held accountable and helps protect the victim from further harm, even if the other person also has injuries or claims to have been involved.

Relying on who has more injuries isn’t enough because injuries can be a result of the dynamics of the incident, not a reliable indicator of who started or controlled the violence. The person who called the police isn’t automatically the offender; they could be a victim or a witness. A prior domestic violence record doesn’t by itself determine who is the aggressor in the current incident. The arrest decision must be grounded in probable cause to believe the predominant aggressor committed the offense, based on the evidence at hand.