Must Police Make An Arrest For Domestic Violence In Alabama?

Alabama criminal courts take domestic violence very seriously and the prosecution often vigorously prosecutes alleged offenders. The main reason why state prosecutors pay special attention to these types of cases is because the courts understand how helpless abuse victims can be and even how reluctant they can be to take legal action against their abusers.

In addition, police officers understand how particularly vulnerable domestic violence victims are, which is why they approach such crimes differently than other offenses. In many states, there are mandatory arrest laws that require law enforcement officials to arrest the primary aggressor of the situation.

In Alabama, the police are not required to make an arrested whenever they are called to handle a domestic violence dispute. However, arrests commonly occur.

An officer can arrest someone without a warrant if there is probable cause that a domestic violence crime (e.g. assault, strangulation, stalking, etc.) has occurred. The police can arrest the alleged aggressor for either a misdemeanor or felony offense.

But what happens when two or more people accuse each other of being the primary aggressor and they all have injuries? Law enforcement officials will interview each party separately and consider the seriousness of each injury, the criminal history of each party, and the likelihood of injury. It is possible that more than one party is arrested.

Unfortunately, many domestic violence charges are brought based on false allegations. When facing false accusations of domestic violence, it is imperative to hire an experienced criminal defense lawyer to avoid conviction and other harmful consequences.

If you or a loved one has been accused of domestic violence in Birmingham, contact Tidwell Law Group, LLC today and request a free consultation. Get 17 years of experience on your side.