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Working with the police
When an incident of abuse happens, call the police—911. Explain
what happened and be sure to say if the abuser is armed or if someone
is seriously hurt. Be aware that there is no way of knowing how quickly
the police will respond to your call, and that there is no way of knowing
how the police will handle the situation, including whether or not they
will arrest the abuser. You may think that calling the police will take
care of the situation, but it is not that simple.
When the police arrive, they may only suggest that the abuser take a
walk and "cool off." They may try to talk to both of you about
working things out. If the abuser is gone when the police arrive, they
may tell you to contact the District Attorney's Office about filing
a "Private Criminal Complaint" or tell you to file a Petition
for a "Protection Order" (Protection From Abuse).
According to the Pennsylvania Crimes Code 2711 police are permitted to
arrest without a warrant when there is "probable cause" that
a crime such as an assault occurred, even if the crime was not committed
in their presence. The police may also confiscate any weapons that were
used. Police may make an arrest in domestic violence situations if:
- You state that you have been abused and,
- There is physical evidence of the abuse, such as bruises, cuts or
other injuries and/or broken furniture or locks or,
- There is another person who states that he/she witnessed the abuse
(neighbor, friend, child).
Even if your situation fits these criteria, you may have to insist that
you are serious about pressing charges and that you want the abuser arrested.
If the police do not arrest the abuser, you may want to consider filing
criminal charges against the abuser by filing a Private Criminal Complaint.
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