Officer response – Primary aggressor – Factors – Reports – Notice to victim of legal rights – Ex parte protection order

(a) If a law enforcement officer has probable cause to believe that a person has committed a crime involving domestic abuse, whether the crime is a misdemeanor or felony, or was committed within or without the presence of the officer, the preferred response of the officer is arrest. Ask a legal question, get an answer ASAP!(A) Inflicting, or attempting to inflict, physical injury on an adult or minor by other than accidental means. See Tennessee Code 36-3-601Allegation: something that someone says happened.Arrest: Taking physical custody of a person by lawful authority.Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.court: means any court of record with jurisdiction over domestic relations matters or the general sessions criminal court. See Tennessee Code 36-3-601Domestic abuse: means committing abuse against a victim, as defined in subdivision (5). See Tennessee Code 36-3-601Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105Month: means a calendar month. See Tennessee Code 1-3-105Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105Petitioner: means the person alleging domestic abuse, stalking, sexual exploitation of a minor, sexual assault, or a human trafficking offense in a petition for an order for protection. See Tennessee Code 36-3-601Preferred response: means law enforcement officers shall arrest a person committing domestic abuse unless there is a clear and compelling reason not to arrest. See Tennessee Code 36-3-601Probable cause: A reasonable ground for belief that the offender violated a specific law.Respondent: means the person alleged to have abused, stalked or sexually assaulted another in a petition for an order for protection. See Tennessee Code 36-3-601Testify: Answer questions in court.(b) If a law enforcement officer has probable cause to believe that two (2) or more persons committed a misdemeanor or felony, or if two (2) or more persons make complaints to the officer, the officer shall try to determine who was the primary aggressor. Arrest is the preferred response only with respect to the primary aggressor. The officer shall presume that arrest is not the appropriate response for the person or persons who were not the primary aggressor. If the officer believes that all parties are equally responsible, the officer shall exercise such officer’s best judgment in determining whether to arrest all, any or none of the parties. (c) To determine who is the primary aggressor, the officer shall consider: (1) The history of domestic abuse between the parties; (2) The relative severity of the injuries inflicted on each person; (3) Evidence from the persons involved in the domestic abuse; (4) The likelihood of future injury to each person; (5) Whether one (1) of the persons acted in self-defense; and (6) Evidence from witnesses of the domestic abuse. (d) A law enforcement officer shall not: (1) Threaten, suggest, or otherwise indicate the possible arrest of all parties to discourage future requests for intervention by law enforcement personnel; or (2) Base the decision of whether to arrest on: (A) The consent or request of the victim; or (B) The officer’s perception of the willingness of the victim or of a witness to the domestic abuse to testify or participate in a judicial proceeding. (e) When a law enforcement officer investigates an allegation that domestic abuse occurred, the officer shall make a complete report and file the report with the officer’s supervisor in a manner that will permit data on domestic abuse cases to be compiled. If a law enforcement officer decides not to make an arrest or decides to arrest two (2) or more parties, the officer shall include in the report the grounds for not arresting anyone or for arresting two (2) or more parties. (f) Every month, the officer’s supervisor shall forward the compiled data on domestic abuse cases to the administrative director of the courts. (g) When a law enforcement officer responds to a domestic abuse call, the officer shall: (1) Offer to transport the victim to a place of safety, such as a shelter or similar location or the residence of a friend or relative, unless it is impracticable for the officer to transport the victim, in which case the officer shall offer to arrange for transportation as soon as practicable; (2) Advise the victim of a shelter or other service in the community; (3) Give the victim notice of the legal rights available by giving the victim a copy of the following statement: IF YOU ARE THE VICTIM OF DOMESTIC ABUSE, you have the following rights: 1. Y