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Mandatory arrests in domestic abuse cases hurt your future

When the police are called for an act of domestic violence, the situation can go from bad to worse. When they arrive, the officers will likely arrest at least one person. When the officers can't determine who's at fault, they may take both people into custody. This is known as a dual arrest.

The bigger issue is that the wrong person may be arrested. While the officers may arrest one person just to guarantee that the couple won't go back to fighting with one another, the problem is that it's not always simple to see whom they should arrest. There is some bias in favor of women, since they are more likely to suffer from domestic abuse, which could also play a role in a man's arrest.

What should you do if you've been arrested for domestic violence?

If you are arrested for domestic violence and did not commit a crime, it's best to go with police and stay quiet. Exercise your right to remain silent until you get to speak with your attorney. It is fair to say that you may have been treated unfairly, and this incident could come back to hurt you in the future. Additionally, if you're actually the victim, this arrest is not only unfair but also unwarranted.

Why should you go with the police if you're accused of domestic violence but are actually innocent?

Regardless of who is at fault, it's a good idea to go with the police to get away from the other party. You will have an opportunity to straighten out the situation when your attorney arrives. Until then, going with the police keeps you safe. You don't have to talk about what happened at all until your attorney arrives. All you need to do is go along and answer simple questions, such as your name, address and other identification questions.

What happens if you're falsely accused of domestic violence?

If you are falsely accused, you have the right to pursue charges against the other party for any damage they cause you. However, in the meantime, it's more important for you to focus on protecting yourself against charges that you are facing and don't deserve. Just because you were arrested does not mean that you should be held accountable for a crime you did not commit or that you were a victim of. Your attorney will help you fight back and help yourself out of this situation.

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Suffolk County Defenders Association New York State Defenders Association | Founded 1967 New York State Bar Association Suffolk County Bar Association | NY 1908

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