Arrests under §968.075 should NOT be based solely on which factor?

Arrests made under §968.075, which pertains to domestic abuse incidents, must be based on a comprehensive assessment of several factors to ensure that law enforcement responses are appropriate and justified. The relationship of the parties involved is not a standalone factor that can justify an arrest in these cases because it can introduce bias or assumptions that do not reflect the actual circumstances of the incident.

In domestic situations, officers should evaluate the context of the situation, including visible injuries, the presence of credible witnesses, and the overall behavior and statements of the parties involved. If an officer were to base an arrest solely on the relationship, it may overlook critical evidence or misinterpret the dynamics at play. This approach ensures that law enforcement remains objective and focuses on the specifics of the incident rather than preconceived notions about the individuals involved.

Therefore, while visible injuries, witness credibility, and the simple fact that police have been called can support the decision to arrest, the relationship alone should not dictate the action taken, as it may lead to unjust or uninformed decisions. This principle strives to protect all parties involved and supports fair and effective policing practices.