There are three main types of domestic violence arrest laws manifest in the United States. The arrest regulations employed by various states include mandatory arrest, pro-arrest, and permissive arrest laws. Consequently, there often arises a debate on which of the policies serves best in protecting the victims of domestic violence. As a result, there are endless arguments on the strengths and limitations of each regulation, as postulated by scholars and laypeople alike. However, the best method of discerning which stipulations best protect victims involves gathering data on which techniques lead to lower re-offending rates.
The primary aim of any domestic violence arrest law is to protect the victim and ensure no recurrence of the cruelty within homes while also preserving families. Surveys from the criminal justice system indicate that only 10% of arrested individuals go on to re-offend, while 26% of those forced to leave/ separated re-offended, and 18% of those placed under counseling re-offended (Karmen, 2020). The data suggests that arrests effectively reduce re-offending rates, which goes a long way in protecting victims. As such, mandatory arrest policies requiring the police officer to arrest wherever there is probable cause that violence happened are most critical. Such laws act as effective deterrence against DV, as the data suggests.
Furthermore, mandatory arrest policies place the entire burden of arrest on the police. Hence, the already traumatized victim endures less pressure concerning the arrest of their spouse, enhancing the chances of perpetrator reforms and preservation of the marriage. According to Karmen (2020), mandatory arrest policies importantly remove the immediate source of danger from home, protecting the victim. Mandatory arrests separate married couples to allow them time to reflect on their marriage and find the way forward. In many instances, the policies remove the need for retribution against the offender by the battered spouse. The offender’s removal protects both the offender and victim from further crimes and homicides. According to the National Institute of Justice, mandatory arrest laws are the most prevalent in US states, indicating a widespread agreement on their effectiveness.