It is important to recognize situations which indicate immediate threats to a victim’s life, health or liberty, in order for the police to decision whether the perpetrator should be arrested.
If the police believes that the perpetrator poses danger to the victim, they have the right to arrest the perpetrator for up to 48 hours. In some cases, the police hesitate in arresting the perpetrator if the act of physical violence has already occurred and/or the perpetrator has seemingly “calmed down” after the arrival of the police. However, in domestic violence cases, it is important to understand the nature of power and control by the perpetrator.
note Even if the police does not initiate criminal proceedings if there is a risk of domestic violence, an emergency barring order should be issued.
Evaluation of threats
Accordingly, when deciding on whether there is an immediate threat there should be the following consideration:
- If no action is taken by the police, then the perpetrator is more likely to “punish” his/her victim for reporting to the authorities after their departure.
- Domestic violence is not a single isolated incident of physical assault and, therefore, the perpetrator is most likely to continue the abuse, even if he/she is calm and does not seem aggressive after the arrival of the police.
- It is important to consider the history and previous acts of violence, their severity, frequency, and nature, especially, whether or not there have been threats to kill, and strangulation or sexual violence in determining if there is a risk of domestic homicide.
Limits of interference
The police should never, under any circumstances, try to:
- Mediate the conflict and/or try to reconcile the parties, as domestic violence is not a family dispute or an argument, but is a relationship of power and control, where violence is used in order to establish and maintain dominance.
- Blame the victim for “causing the argument” or justify the violence due to the perpetrator’s and/or the victim’s use of alcohol or other substances, as domestic violence is not caused by the substance abuse, but by the entitlement of the perpetrator who feels that the victim is obligated to submit to the perpetrator’s demands.