What is required to make a domestic violence arrest?

• A. Probable cause is needed to make any arrest
• B. Consent of the victim is required
• C. A warrant is required
• D. The case must be charged by the prosecutor before arrest

Answer: (A)

Arrests hinge on probable cause: enough facts and circumstances for a reasonable officer to believe that a crime has been committed and that the person being arrested is the offender. In domestic violence situations, that probable cause can come from what the officer observes at the scene, injuries or statements, and any corroborating evidence. This means you don’t need the victim’s consent for an arrest, and you don’t always need a warrant—arrests can be made without a warrant when probable cause exists and the situation fits the legal standards for a warrantless arrest. The prosecutor’s charging decision comes after the arrest, not before. So the essential requirement is probable cause to believe a domestic violence offense occurred and that the person arrested committed it.