A Summary and Analysis of Warrantless Arrest Statutes for Domestic Violence in the United States

Abstract

In the United States in 2005, more than 60% of the more than 564,000 nonfatal, violent incidents perpetrated by intimate partners were reported to the police. Whether police arrested the alleged perpetrators of domestic violence in response to these reports varied widely, based in part on state law governing the ability or duty of an officer to make a warrantless arrest. Although all 50 states and the District of Columbia currently allow officers to make warrantless arrests for domestic violence, state laws differ from one another in multiple, important ways. This article details, compares, and analyzes differences between state domestic violence warrantless arrest laws.

Keywords: Domestic Violence, Legal Intervention, Batterers, Criminology