Hitting Close To Home Arrest Rules Differ Between States

Police officers investigating domestic violence operate under different rules in Washington and Idaho.

In Washington, officers must make an arrest within four hours if they can determine who the aggressor is.

If the batterer can’t be found in four hours, officers file a report, then an affidavit of probable cause is filed in district court and prosecutors must decide whether to file domestic violence charges.

Idaho law leaves it up to police or deputies to decide whether to arrest suspected batterers or simply cite them.

For a case to qualify as domestic battery in Idaho, the couple must be married, formerly married or have a child in common. If a man punches his girlfriend, he can only be arrested on simple battery, which carries a lower bail and penalty on conviction.