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You are here: Protection from Abuse > Domestic Violence > Domestic Violence and the Criminal Justice System > Police

Police

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Call 911

Make a Report

Get a Copy of the Police Report

Civil Standby

Restraining Order Violations

Emergency Protective Orders

Police Arrest

How long until the person gets out of jail?

Arrest by Warrant

Bail

Appointment of Defense Attorney

Release at Arraignment

Release on Own Recognizance (OR)

Stay-Away and Other Conditions of OR Release

Violation of OR Conditions

Call 911

Tell the operator where you are and that you need help immediately. When the police get there, tell them what happened. Tell them as much as you can about:

• What happened and who caused the injuries or property damage, if any
• If the abusive person violated a restraining order
• If threats or weapons were used
• If there have been threats or violence before
• If there were any witnesses

Ask the police to:

• Take pictures of injuries or damaged property
• Take away any weapons used

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Make a Report

• The police must write a report for every domestic violence call, even if the abusive person has already left.
• You can make the report during an incident, or hours or days later.
• The police may take photos of injuries when they take a report. Or they may take pictures days later since bruises often appear hours or days after an incident.
• Ask the police for an information card with the incident report number and the officer's name and badge number.

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Get a Copy of the Police Report
The victim of domestic violence has the right to get a copy of the domestic violence incident report free of charge.

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Civil Standby
Anyone can call the police and ask them to be present for a limited time to keep the peace. This is called a "civil standby" and is often used when a person needs to collect clothing or property from their home after a domestic violence incident.

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Restraining Order Violations
The police must arrest the restrained person if they believe that person has violated the restraining order.

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Emergency Protective Orders
If you're a victim of domestic violence, you can ask the police for an emergency protective order (also called an "EPO").

Police officers can get EPOs 24 hours a day. Tell the police officer what happened and why you're afraid.

An EPO can last up to 7 days. It can include child custody orders and can order the abusive person to move out.

To get a more permanent order, you must ask the court for a temporary restraining order (also called a "TRO"). Click here for more information about restraining orders.

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Police Arrest
Even if the abusive person has broken the law, the police may choose to not arrest him or her. If the officer doesn't arrest, ask the district attorney if they will charge the abusive person with a crime.

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How long until the person gets out of jail?
If the police take the defendant to jail, he or she may be released on bail within just a few hours. If you want to know when the defendant gets out of jail, call the jail. Also, some counties have a telephone notice system. Ask your local police department how to sign up.

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Arrest by Warrant
If the police don't make an arrest at the time of the incident, the case can be assigned to a detective. If so, a detective may interview people and collect more evidence, including medical information.

The detective will decide whether to refer the case to the district attorney for review.

The district attorney's office will review the report and decide whether to file charges. If the district attorney files charges, a judge will sign a warrant for the defendant's arrest.

If the defendant doesn't report to the court, the police will try to find him or her. That could take some time.

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Bail
The victim has the right to ask for an increase in bail. The judge must set the defendant's bail within 8 hours after that person is booked into custody. The judge can increase bail if the victim is in danger. Once bail is set, the victim has the right to request another hearing to increase or revoke bail.

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Appointment of Defense Attorney
If the defendant can't afford an attorney, the court will appoint one at the first court hearing (called "the arraignment").

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Release at Arraignment
If the defendant hasn't paid bail, the judge will decide whether to release the defendant from custody at the first court hearing (called "the arraignment").

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Release on Own Recognizance (OR)
The judge may release the defendant at the arraignment on his or her own recognizance (also known as "OR").

"OR" means the defendant must meet certain requirements necessary for the victim's safety and for guaranteeing the defendant's appearance in court.

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Stay-Away and Other Conditions of OR Release

The court, the district attorney, or the victim can ask for a "stay-away" order to be a condition of release.

Other common conditions of release include participation in a batterer's program and substance abuse treatment.

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Violation of OR Conditions

If the defendant doesn't follow the conditions of release, the court can cancel OR. The police will arrest the defendant or the judge will order the defendant to come back to court.

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Last modified: 03/17/2008

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