If you call the police during a domestic violence incident, you may expect officers to arrest only one person. That does not always happen. Both people may have injuries, which could make explaining to the officers as to who is at fault more difficult. Each person may also give a different account of what happened. Officers must consider the facts before deciding whether to make an arrest.
The information available when officers arrive, including the condition of the scene, visible injuries and statements from those involved, can influence the initial investigation.
Officers look for the primary aggressor
Officers speak with everyone involved. They may interview witnesses, examine injuries, examine damaged property and review photos or videos. They also consider whether someone acted to protect themselves.
Florida law requires officers investigating a domestic violence incident to identify the primary aggressor, and they may arrest both parties only when the facts support it. Officers may compare the injuries, review the events that led to the incident and consider whether either person has a history of domestic violence.
Even with these steps, officers may not always reach a clear answer. The investigation may continue.
When both people may face arrest
Police may arrest both people if the evidence suggests that each person committed a criminal offense. This may happen if both people used violence or if officers cannot determine who started the physical confrontation.
An arrest does not mean you were convicted of a crime. It starts the criminal justice process. Prosecutors later review the evidence before deciding how to move forward. That makes the evidence especially important.
Why evidence can change a case
After an arrest, investigators may review:
- body camera footage
- text messages
- surveillance video
- medical records
- witness statements
New information may support or challenge what officers learned at the scene.
Florida Statutes Section 741.28 defines domestic violence and lists the offenses that fall within that definition. As more evidence becomes available, prosecutors may gain a clearer picture of what happened and decide how the case should proceed.
Understanding how these investigations work can help individuals better navigate the legal process following a domestic violence call.
