In 1995 a number of new laws were enacted which affected the handling of domestic abuse complaints by law enforcement officers. A further purpose of this chapter is to recognize that in the past law enforcement agencies have treated domestic abuse crimes differently than crimes resulting in the same harm but occurring between strangers. Thus the general assembly intends that the official response to domestic abuse shall stress enforcing the laws to protect the victim and prevent further harm to the victim, and the official response shall communicate the attitude that violent behavior is not excused or tolerated. If the offender is on the scene or can be located, and the officer believes an assault has taken place, arrest is the preferred response . This definition would includes persons living strictly as roommates and also gay and lesbian couples.
Arrest is the preferred response only with respect to the primary aggressor.
The officer shall presume that arrest is not the appropriate response for the person or persons who were not the primary aggressor. If the officer believes that all parties are equally responsible, the officer shall exercise such officer's best judgment in determining whether to arrest all, any or none of the parties. When an officer arrives on the scene, it is often unclear which party is the victim and which is the abuser. Keeping in mind the ultimate goals of victim safety and batterer accountability, a careful evaluation of the situation by the first response officers will usually lead to a determination of which party is the primary aggressor. To assist the officer in this determination, a number of helpful criteria are set out in our statute.