Programs & Initiatives | Calling the Police | Arresting Offenders

Under what circumstances would there be an arrest?
If the offender is present or the search for the offender was successful and there is probable cause that any felony has been committed or an Order of Protection has been violated, the police will arrest an offender even if the complainant/victim requests that the offender not be arrested.  This is called mandatory arrest.

What is "probable cause" for arrest?
For the police to make a decision to arrest, they need to find "probable cause" that a crime was committed. This means they must have enough evidence to believe that the abuser committed a crime by harming or threatening the victim.

Evidence could include:

• 911 emergency calls to police;
• Signs of visible harm or injury to the victim or the victim’s children such as torn clothing, cuts, bruises, or swelling;
• Damage to personal property such as walls, furniture, windows, car, or signs of break-in;
• Messages (either recorded or written) threatening the victim or apologizing for having hurt or scared the victim; and/or
• Statements from the victim, the victim’s neighbors, children, family members, or anyone else who saw or heard  what happened.

What is a "primary physical aggressor"?
In cross complaint situations, where there is probable cause to believe that more than one family or household member has committed a family offense misdemeanor, in or out of the officer’s presence in a single domestic incident, police officers will attempt to identify the primary physical aggressor after considering the following criteria:

• The comparative extent of any injuries inflicted by and between the parties.
• Whether any of the parties are threatening or have threatened further harm against another party, family, or household member,
• Whether any of the parties has a prior history of domestic violence that the police officer can reasonably ascertain,
• Whether any such person acted defensively to protect himself or herself from injury.

How can victims be prepared when the abuser is arrested?

• It is very important that victims develop a safety plan in advance because the abuser may be kept in jail overnight or for just a few hours.
• Victims should anticipate a call or visit from their local Domestic Violence Prevention Officer who can help the victim obtain supportive services.
• Victims who have been injured should obtain immediate medical attention when necessary. All hospitals are staffed with Domestic Violence Coordinators or social workers who can provide supportive counseling.

What happens to the abuser after an arrest?
If there is an arrest, the batterer will be brought before a judge to hear the charges against him/her. During the arraignment, the judge may set bail or allow a conditional release known as released on his/her own recognizance (ROR).

• If the victim is in court for the arraignment, s/he will be able to request a temporary Order of Protection if s/he does not already have one.
• If the victim is not in court for the arraignment, the court will automatically issue the victim an Order of Protection, and s/he will receive it in the mail.

The District Attorney’s Office for the victim’s borough will inform the victim when s/he needs to be in court.

If the victim does not hear from the District Attorney’s Office, s/he can call the victim services unit of the District Attorney to obtain updated information on the status of the case. The Victim Services Unit can also link the victim to shelter and other social services, as needed.

Why would a person want to get an Order of Protection?
An Order of Protection can assist the victim in several ways:

• Violating an Order of Protection is a felony in New York State if the violation is against the stay away provision of the Order. In that case, the abuser will be arrested and put in jail for violating the Order of Protection.
• Orders of Protection also require the suspension or revocation of a license to carry or possess a gun, rifle, or any type of firearm - increasing victim safety.
• Although not all – many abusers stop their abusive behavior when an Order of Protection is issued and served upon them.

Studies have shown that victims of abuse who obtain permanent Orders of Protection decrease their risk of experiencing future violence, including homicide. 

What is an Order of Protection?
An Order of Protection is a written document issued by a Criminal Court, Family Court, or Supreme Court judge that can help protect victims of domestic violence.

The Order of Protection may restrict the abuser’s behavior by:

• Ordering the batterer to stop abusing the victim and the victim’s children;
• Telling the abuser to leave and stay away from the victim’s home, workplace, family and friends;
• Directing the abuser to have no contact with the victim including phone calls, letters, email, gifts, or messages through other people; and/or
• Ordering the abuser to stay away from the victim’s children, daycare, or schools.

How Do I Obtain an Order of Protection?