Domestic Violence: What the Police Can Do For You -

What the police can do for you depends in part on what you tell them or give them, and on what other people are willing or able to tell them. Officers investigating your case should talk to you privately, and they should also interview children, other family members, and neighbors who might have seen or heard what happened. Among other things, officers will be looking for:

* Evidence of harm or injury to you or your children (for example, cuts, bruises, swelling or torn clothing);
* Damage to furniture, walls, windows, car or other personal property;
Signs of a break-in;
*Threatening messages on your answering machine, or letters or written messages containing threats.

If you call the police, they must come to investigate your complaint. The police should talk to you and the abuser separately and, if at all possible, should talk with you out of your abuser's sight and hearing. In order for the police to make a decision to arrest, they need to find what is called probable cause that a crime was committed. That means that they must have enough evidence to believe that the person committed a crime by harming or threatening you. This evidence can be a combination of things - any injuries you may have, your statement of what happened, taped 911 calls or emergency calls to police, damaged property, torn clothes or any statements of neighbors, children or other family members.

What you say counts as evidence, so the statement you give to the police is very important. Read your statement carefully and if there is anything in it that is incorrect, don't sign it. Ask the officers to change the written statement so that it matches what actually happened. Sign it only when it says what you want it to say. Police are required to give you a copy of the investigating officer's report whether or not an arrest is made, so be sure to get one. You can ask to add to it later it you remember something you forgot to tell them, and you can add photographs of bruises and copies of medical reports, if you get them.

If the police find that your abuser committed a felony against you, they must make an arrest. Felonies are the most serious crimes that can be charged. An example of a felony in a domestic violence case would be Assault in the Second Degree, a charge that could be made if the assault resulted in serious physical injury like a broken bone, or a wound from a weapon, and created "substantial pain" that lasted over a period of time. Usually, the injuries from a felony level assault require medical attention and/or hospital care.

If the police find that a Family Offense misdemeanor has been committed against you, state law requires arrest unless you ask the police not to arrest. (The law also says that the police are not allowed to ask you whether they should make an arrest.) Even if you ask that an arrest not be made, many police departments will still make an arrest if they have evidence of a crime. An example of a misdemeanor is Assault in the Third Degree, which also requires an injury (more than a bruise) and substantial pain. Another example of a misdemeanor is Aggravated Harassment, which is when you are threatened or harassed over the telephone or by mail.

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