WWYD: Domestic Violence

[oscarmitre]

No probs T. It really is different here, we can't automatically handcuff, we have to go through a whole set of considerations before we do and basically if the person isn't an immediate danger (ie is not going to go bunta) then we can't cuff them. I believe every arrested person should be handcuffed. Unfortunately neither the bosses nor do the courts agree with me - :mad:

Apologies for the slight thread drift.

[greenlead]

i wouldn't of allowed her into the bedroom in the first place.

I still don't like the concept of separated officers, either, though I guess it might be necessary in this case.

I would order the female to proceed out of the kitchen, giving her clear instructions, to avoid further damage to the scene, and to protect my life.

I would, after ensuring that she is not an immediate threat, make sure she is medically Ok, then take pictures of her face, the kitchen, and other areas of evidence.

Then I would take the written report.

[CXT_180]

You get the woman out of the kitchen and into the living room. She fills out her statement of the events tonight. She indicated that they were arguing about having a baby. She wanted to "try some more" and the husband had told her not tonight. They had started to argue verbally and then he grabbed her and called her a b____. She stated then she slapped him across the face once. Then he pushed her away and came after her. She said she was standing by the coffee table that had the Jack on it. He asked her if she thought she was going to hit him with it, and he came after her and threw it across the room.
She tried to run away to the kitchen to call 911, and tripped over the footrest of the recliner. She says this is how she bruised her shins. (The bruises look older to you)
She got to the kitchen and called 911. He stormed in after her and asked her what she was doing. She told him she was calling the Police because she was sick of this. He grabbed a pot and threw it at her. She dropped the phone and told him to stop. She says the pot would've hit her in the face but she blocked it with her arms, and picked up one off of the stove and threw it back at him. It missed. She says she was trying to defend herself because he was coming back at her. She says he picked up the phone and threw it at her and then knocked her over and slapped her. She said she yelled at him again to stop it, and he walked away. She says the Police got there about 5 minutes or so after that. She says this is the first time he has ever scared her or physically touched her, but they have had other verbal arguments in the past. She says they are both frustrated about not being able to have a baby, and she just found out from the doctor she wasn't pregnant today. She says they thought she was from a home pregnancy kit, but it didn't turn out that way. They have been married for 4 years.
She says he has the shotgun in his truck and there are hunting rifles and a pistol in the basement. You walk her outside with you the man gets up and says he's sorry for all of this to you and the wife. She starts crying again.
His statements are nearly identical to hers. His PBT at the scene is a 0.180%. She blows zeros.

Now;
Who's getting arrested?
and; At this point, are there additional charges besides Simple assault-Domestic? (I wouldn't, would you?)

[Dayna36]

You give breathalizers to people at a domestic dispute? I thought it was just for drivers.

[Orleander]

You give breathalizers to people at a domestic dispute? I thought it was just for drivers.

Good question. I guess I can understand if they are in public (public intoxication), but not if they are in thier own home.???

[CXT_180]

Sometimes it is done if one or both persons had been drinking. It can add/detract substantially to/from thier credibility as witnessess, any statements they make, and thier state of mind at the time of the incident. The state's attorney wants blood draws at part of all "rape kits" as well for the same reason...plus it looks for any other drugs/mind altering substances in their systems as well (think GHB...).
Make sense?
Also we don't have any Public Intox. laws here, except for protective custody.