‘‘(3) A threat of conduct that would cause bod-
ily injury or damage to property. 
‘‘(c) ARRESTING OFFICER’S REPORT.—An officer 
who makes an arrest under subsection (b) shall submit 
a full written report of the alleged domestic violence inci-
dent to the officer’s supervisor and to the judge advocate 
within 10 days of the arrest. Such a report shall include— 
‘‘(1) a description of physical injuries observed, 
if any; 
‘‘(2) whenever possible, a statement from the 
victim and witnesses concerning the alleged domestic 
violence; and 
‘‘(3) a statement that a copy of legal rights and 
notices was given to the victim. 
‘‘(d) LAW ENFORCEMENT POLICIES.—(1) The Sec-
retary of Defense shall prescribe regulations to implement 
written policies regarding arrest procedures for domestic 
violence incidents. Those policies shall include the fol-
lowing: 
‘‘(A) In most circumstances, a military law en-
forcement officer should arrest and take a person 
into custody if the officer has reasonable grounds to 
believe that the person is committing or has com-
mitted domestic violence and that the actions con-
stitute the commission of a crime. 
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‘‘(B) When the officer has reasonable grounds 
to believe that the spouses or former spouses or 
other persons who reside together or resided to-
gether or share a child in common are committing 
or have committed domestic violence against each 
other, the officer does not have to arrest both par-
ties but should arrest the person whom the officer 
believes to be the primary physical aggressor. In de-
termining who is the primary physical aggressor, an 
officer should consider the intent of this section to 
protect victims of domestic violence, the relative in-
jury or fear inflicted on the persons involved, and 
any history of domestic violence between those per-
sons, if that history can be ascertained by the offi-
cer, or response of a person who acts in a reasonable 
manner to protect oneself or another family or 
household member from domestic violence. No victim 
shall be denied relief or charged for a domestic vio-
lence offense because the victim used reasonable 
force in self defense against domestic violence by an 
attacker. 
‘‘(C) The decision of a military law enforcement 
officer as to whether or not to make an arrest under 
this section may not be based on the consent of the 
victim or any subsequent prosecution or on the rela-
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tionship or the rank of the persons involved in the 
incident. 
‘‘(D) A decision of a military law enforcement 
officer’s decision not to arrest under this section 
may not be based solely upon the absence of visible 
injury or impairment. 
‘‘(2) The policies under paragraph (1) shall include 
a procedure applicable to the report and referral required 
under subsection (c). Such procedures shall require that 
the military law enforcement agency shall, without charge, 
send a copy of the initial report and any subsequent, sup-
plemental, or related report, which excludes the victim’s 
statement or other materials that are part of an active 
criminal investigation and are exempt from disclosure, to 
the command and Family Advocacy Program exercising 
responsibility over the area in which the incident took 
place, to the victim advocate within the Department of De-
fense assigned to the installation and the nearest local do-
mestic violence center within 24 hours of the agency’s re-
ceipt of the report. The report furnished to the Family 
Advocacy Program, victim advocate, and local domestic vi-
olence center shall include a narrative description of the 
domestic violence incident. 
‘‘(3) The policies under paragraph (1) shall include 
a procedure for notifying the alleged victim of the incident 
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of domestic violence services from which the victim may 
receive assistance. The military law enforcement officer 
shall provide the victim immediate notice of the legal 
rights and remedies available to the victim. Such notice 
shall be in a standard form developed and distributed by 
the Secretary of Defense. As necessary, the Secretary shall 
revise the victims rights brochure to include a summary 
of this section using simple English and shall distribute 
the notice as a model form to be used by all military law 
enforcement agencies. The notice shall include the fol-
lowing: 
‘‘(A) The resources available for the area in 
which domestic violence services are sought, includ-
ing military resources (victim advocates, Family Ad-
vocacy Program, judge advocates, medical personnel, 
and command) and civilian agencies (shelter, victim 
advocates, counseling, county or state attorney of-
fices and centers). 
‘‘(B) A copy of the following statement: ‘If you 
are a victim of domestic violence, you may ask the 
county or state attorney or judge advocate or Direc-
tor of Special Investigations or command to file a 
complaint. You also have the right to go to court 
and file a petition requesting a protective order from 
domestic violence to include provisions which re-
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