In many states, police officers are allowed to use their discretion when deciding whether to make an arrest after a domestic violence call. When they arrive at the home and speak to those involved, they can decide if they believe an arrest is necessary.
In Colorado, however, state law requires that an arrest be made when police officers have a reasonable belief that domestic violence occurred. This mandatory arrest law means officers must bring someone into custody if there is probable cause, even if the victim backtracks or decides they don’t want to press charges—this is essentially what happened to former Denver Broncos wide receiver Jerry Jeudy in 2022. Jeudy now plays for the Cleveland Browns.
The issue authorities sometimes face is that domestic violence calls often come from spouses or close family members. These individuals may call the police in the heat of the moment, feeling afraid for their safety, but then decide they don’t want their family member to be arrested when the police arrive. Additionally, the person may still be intimidated or manipulated by the individual allegedly committing the domestic violence.
Problems with this law
In theory, this law is designed to keep people safe, but there are significant issues.
For example, critics argue that police officers don’t always arrest the correct individual. They may receive a call alleging domestic violence, but the accused person may have been acting in self-defense. Since officers are required to make an arrest, if they misunderstand the situation, they could end up arresting the victim rather than the abuser.
Because of problems like this, it’s crucial for those facing domestic violence charges to understand all of their legal defense options—especially if they believe they never should have been arrested in the first place.