• State warrantless arrest laws help to reduce domestic violence incidents.handcuffs image by Jorge Casais from Fotolia.com
  
  The United States Department of Justice defines domestic abuse or violence as, "a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner." According to statistics reported by the National Coalition Against Domestic Violence, 1.3 million women are victims of physical assault by an intimate partner each year. In 2005, 16,800 homicides resulted from intimate partner violence. The persistence of women's rights groups pressuring state legislators and Congress led to the creation of the federal Violence Against Women's Act and warrantless arrest laws imposed by the states.
  
  

State Laws

• The origins of state warrantless arrest laws date back to the 1970s and the combined efforts of civil rights and political action groups, influential case law and extensive research. Specifically, it was the outcome of negligence and equal protection cases like Bruno v. Codd (1977), Scott v. Hart (1976) and Thurman v. City of Torrington (1984) and the findings of state domestic violence reports that won congressional support for warrantless arrest as an effective deterrent to domestic violence. A subsequent report issued by the National Research Council in 2004 documents the results of this pervasive change in police policy and behavior toward domestic violence. It notes increased rates of arrest, prosecution, conviction and responsiveness to domestic violence victims.
  
  State laws establish the circumstances under which warrantless arrests can be made. The circumstances may vary by state. For example, some stipulate that arrests can be made in cases of felonies, within a certain number of hours of the incident, and/or if the persons involved are married, blood-related, living together or have a child together. Current state laws establishing police procedure for domestic violence have three classifications for warrantless arrest provisions: mandatory, preferred and discretionary.
  
  

Mandatory Arrest Provisions

• Mandatory arrest provisions mean the officers are required by law to make arrests based on probable cause that domestic violence was committed. These provisions are not uniform and circumstances vary for each state. Some states that have mandatory arrest provisions include: Alaska, Arizona, Colorado, Connecticut, Iowa, Kansas, Louisiana, and the District of Columbia.
  
  

Preferred Arrest Provisions

• Preferred arrest provisions are less strict and encourage arrest as the preferred action when probable cause exists. Those states with preferred arrest provisions include: Arkansas, California, Massachusetts, Montana, North Dakota and Tennessee.
  
  

Discretionary Arrest Provisions

• Discretionary arrest provisions allow the officer the greatest leniency when confronted with domestic violence. The statutes stipulate that the officer "may" arrest under certain circumstances where probable cause is evident. Those states with discretionary arrest provisions include: Michigan, Minnesota, Nebraska, New Hampshire, New Mexico, North Carolina, Oklahoma, Pennsylvania, Texas, Vermont, West Virginia and Wyoming.
  
  

Dual Arrests

• Not all victims of domestic violence are women. In circumstances where it is unclear who has been victimized, officers may arrest both persons involved in an incident and let the court decide who is guilty. Dual arrests are more prevalent in states with mandatory arrest provisions.