Police officers responding to domestic violence calls have a difficult task. Sometimes, one of the people involved in an altercation calls for assistance. Other times, concerned people may notify the authorities of what appears to be a domestic violence incident in progress.
Police officers responding to those calls have to evaluate the situation carefully, determine if a crime occurred and document everything to facilitate the prosecution of the violent individual. Sometimes, police officers make the wrong decision when responding to domestic violence calls.
They assume that one of the people who appears to have engaged in violent conduct was the perpetrator of domestic violence. They might arrest the wrong person because they failed to consider the possibility of someone using physical force without being the instigator of the situation.
Not all violence is unlawful
Sometimes, police officers witness an individual engage in a desperate act of self-defense as they arrive at the scene of a domestic dispute. They witness someone strike another person or otherwise use inappropriate force. That may seem like a clear-cut case of domestic violence, but the person who acted in front of police officers might actually just want to defend themselves. Those experiencing domestic violence or responding to credible threats made by a family member, romantic partner or roommate could use physical force if necessary to protect themselves from domestic violence.
Some volatility is the result of abuse
Even in scenarios where the conduct officers witness was not self-defense, it may not actually be abuse or domestic violence. The aggressive behavior or cruel words of a domestic abuser could trigger reactive abuse. Living in a scenario where an individual faces the constant threat of violence and other forms of domestic abuse, such as psychological abuse, can lead to one person becoming emotionally unregulated with little advance warning. They may act in unpredictable and unstable ways because of the long-term abuse they have endured.
Those who have long endured domestic violence and emotional abuse may sometimes lash out at their abusers verbally or even physically. Other people may misinterpret the situation and assume that the abused party is actually the abuser when they lose their cool and react to the conduct of the abuser.
Those facing domestic violence charges after enduring abuse and mistreatment may need help developing a criminal defense strategy, and that’s okay. Proving a history of domestic violence on the part of the other party could play an important role in a criminal defense strategy.