• WomensLaw.Org -
Information regarding state specific domestic violence laws, child custody issues, protection orders and other resources related to domestic violence in a particular state
Domestic Violence Discussion
with Jennifer Landhuis
15. Question: - What are women's rights after filing a police report against the person, and they have not arrested him?
Answer: I would highly encourage you to contact you local domestic violence program. The advocates there can help you navigate your local criminal justice system.
Many police officers are simply uneducated on domestic violence, as is the general public. You may be able to file a complaint with a superior officer (usually a sergeant) if you feel you were treated unfairly. Officers are bound by their respective state statutes and depending on the situation, no matter if they believe an assault occurred or not, they may not be able to make an immediate arrest. Sometimes victims believe "nothing happened" because an arrest was not immediately made. Often times, they case has been referred to a prosecuting attorney because there was not enough initial cause for an arrest but that does not necessarily mean that "nothing happened". It may be awaiting review by a prosecutor before charges are filed. Sometimes state statutes are so limiting that an arrest wasn't made just because there wasn't enough "evidence", not because the officer didn't believe the victim.
Your local program would best be able to answer your questions about how your particular law enforcement agency works. To contact them, call 1-800-799-SAFE and the National Domestic Violence Hotline, and you will be connected with your local program.
I would also encourage you to document everything that has happened. Keep a journal of the incidents that occurred, which officers were on the scene and what the outcome was. This will help if you have to file any complaints or if you need to build a case for a protection order or divorce or custody.
