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

Arrests under §968.075, which pertains to the domestic abuse injunctions in Wisconsin, require careful consideration of multiple factors to ensure that law enforcement decisions are made based on a comprehensive understanding of the situation. The relationship of the parties involved is an essential factor in domestic situations, but it should not be the sole basis for arrest.

When assessing a situation, visible injuries, the fact that the police are called, and the credibility of witnesses can all provide crucial context and evidence that support an arrest. In contrast, relying solely on the nature of the relationship between the parties can lead to biases and may overlook significant evidence or testimonies that could affect the outcome of the situation. Law enforcement officers are instructed to consider the entirety of the circumstances, including observable signs of an offense, when determining whether an arrest is warranted, rather than making a decision based only on the dynamics between the individuals involved. This approach not only helps to ensure fair treatment but also promotes effective policing and safety for all parties.