Both With Scratches: The Domestic Violence Call
At 21:20 you respond to a domestic disturbance. A 31-year-old woman says her boyfriend grabbed her phone, pushed her against the wall, and scratched her arm. She has a 3-inch red scratch on her forearm but no swelling. The 33-year-old boyfriend says she hit him with a remote control; he has a small scratch on his neck. Both have been drinking. Two children, ages 4 and 7, are in a bedroom and heard yelling. There is a prior call at the address eight months ago, and the woman said then that she did not want to pursue charges. Both say they do not want anyone arrested. The woman does not have visible injuries beyond the scratch; the man’s scratch is consistent with a fingernail.
1. What is your arrest decision under Colorado domestic violence law, and what facts do you need?
Read the worked answer
Colorado law generally requires arrest when an officer has probable cause that a domestic violence offense occurred and there is injury, a weapon, or a protective-order violation. Here there is probable cause of an unwanted physical contact and a visible scratch, so arrest is presumptively required. But you must first determine who the aggressor was, not simply arrest both. Gather separate statements, look for injuries, check the scene for the remote and phone, and ask about prior history and fear. The woman’s account is specific: grabbing the phone, pushing, scratching. The man’s account is also specific but may describe defensive contact. The decision must be based on the totality, including who was the primary physical aggressor, not on who called first or who is calmer.
2. How do you conduct a primary-aggressor analysis instead of a dual arrest?
Read the worked answer
Compare the nature of the injuries, the relative size and strength, prior history, and whether one person acted in self-defense. A 3-inch scratch from a push against a wall and a small neck scratch from a remote are not equivalent. Ask each person what happened before the physical contact and whether they could have left. Check the woman’s phone and the wall area. Consider the children’s statements if they can be interviewed appropriately. A dual arrest is disfavored because it can punish the victim and distort the record. If the evidence shows the man grabbed the phone and pushed first, the woman’s scratch may be defensive. Document the specific facts that make one person the primary aggressor; if the facts are genuinely equal and both committed separate offenses, consult a supervisor before arresting both.
3. What about the children and the woman’s earlier refusal to pursue charges?
Read the worked answer
The children’s presence matters. Colorado domestic violence protocols require documenting children in the home and considering a child-abuse report when they witnessed violence or were at risk. Interview them briefly and age-appropriately, and make sure they are safe before you leave. The earlier refusal does not control this call: a victim cannot withdraw the state’s interest, and the current facts support probable cause. Explain the process without pressuring her. Complete the domestic violence report and submit it through the required state reporting channel. The prior call is relevant to pattern and risk, not as a reason to do nothing.