January 28, 2015 In any type of relationship, there is sure to be conflict. While most issues can be solved peacefully, all too often things get out of hand. When the police become involved, it is up to them to decide who is at fault. Even if you are the one who reached out for help, it is possible they will decide to take you to jail. Primary Aggressor It is not required for the police to make an arrest when arriving at the scene of a domestic violence claim. However, they can do so, and they will perform an initial investigation to determine the best course of action. For example, if you slapped your aggressor and they responded with hitting you back, you could both be subject to arrest. They could even claim self defense, and the officer could decide you are the only one who needs arrested. There Doesn’t Have to Be a Mark When it comes to domestic violence, there doesn’t have to be a red mark or bruise to prove the violence took place. In the above example, the aggressor who made the “self defense” hit may have administered a much more devastating blow, leaving a mark, bruise, or even blood. However, if they are able to prove to police they were protecting themselves and witnesses confirm you started the altercation, you could be arrested. What Constitutes Domestic Violence? When an officer is analyzing a scene for evidence of domestic violence, there are a number of aspects they take into consideration. Among the guidelines that are cause for arrest include: Alleged aggressor is over the age of 16 Assault took place within the past four hours Bodily injury, whether visible or not, likely occurred Victim has been threatened with physical injury or death Will This Remain on My Record? An arrest does not mean you are guilty. You must first present your case in front of a judge. If you have a solid defense, you may be able to have the charges released. However, if you are convicted, there is a light at the end of the tunnel. Domestic violence charges can be expunged, but the process is very involved. It is worth the investment to hire an experienced attorney to help ensure you do everything necessary to complete the process correctly. To speak to an experienced attorney regarding your domestic violence case, call 206-621-0500 or contact us online today.