First, you have to know why it's important to know who the aggressor is because when the police come out to the scene because someone called 9-1-1 for a domestic violence or spousal abuse case, they're going to be talking to everybody there. If it's just the husband and wife/boyfriend and girlfriend, they're going to separate the parties and start asking questions about what happened.
What they're really trying to determine is who the aggressor was because, per police policy, whoever the aggressor was is going to get arrested, taken to jail, have bail put on them, and then they're just going to let the prosecutors—who are lawyers—decide whether or not any criminal case will be filed against that particular person.
So, you must understand this concept of who the aggressor is. I would say, in a nutshell, the aggressor is whoever's the most violent illegally, which means in a way that would permit them to be arrested and prosecuted for domestic violence. That's what they're looking at.
This concept of an aggressor, when you think about someone being aggressive and violent, is part of it. Still, the other part of it is you're being aggressive and violent in an unlawful manner, meaning in a manner that's going to be able to show that you were unreasonable in a domestic dispute.
You hit the other party when they didn't need to be hit. I mean, if somebody attacks you and you defend yourself, as long as you use reasonable force in defending yourself, you have a good argument that you didn't do anything wrong.
Unreasonable Aggression in a Domestic Violence Dispute
But, once you go too far — somebody pushes you, and you punch them in the face — that's unreasonable. You're not going to be determined to be the aggressor in that scenario. Obviously, if you cause a fight you would be the aggressor. But there are other ways that you can be determined to be the aggressor.
In other words, in a mutual combat situation, nobody really should be charged with a crime — especially not domestic violence — which is a very serious crime. But, if you go too far in that mutual combat scenario, you put yourself in the position to be prosecuted for a serious domestic violence charge.
So, in determining who the aggressor is, they're going to look at who inflicts the most damage — who is the most violent when it comes to a domestic violence-type situation. So, it's really a very subjective call on the part of the police.
A lot of times, what I see happening with the police is that the regular police officers can't figure out who the aggressor is, so they have to get a watch commander out there who's a superior officer to make a decision, and sometimes, these guys decide wrong.
In other words, they think somebody's the aggressor, but they need to have all the information. They weren't there, and they didn't see exactly what happened, so they made a mistake in determining who the aggressor was. Now, somebody gets arrested, and they really shouldn't be arrested.
That's where you're obviously going to need a good domestic violence attorney to get your version of the events out there to the prosecutors because, a lot of times, that puts the prosecutors in a bad position when somebody is unlawfully arrested. They really can't tell. I'll tell you another thing.
When the police respond to a violent domestic situation and can't determine the aggressor, they may opt to arrest both parties. This decision is made with the aim of preventing further harm and ensuring the safety of all involved.
They're really looking out for themselves and say; I'm not going to leave somebody here who is going to cause some problems and get us in trouble because we didn't do what we were supposed to do in relation to this matter. They're going to arrest the person that they think caused the most trouble, was the most violent, and was unlawful under the circumstances of a particular case.
So, if you're facing a domestic violence case in Los Angeles and grappling with the concept of the aggressor, it's crucial to consult with an attorney. By presenting both sides of the story, you can work together to understand why a particular person was arrested. This process can help you regain a sense of control and understanding in a difficult situation.
The thing you have to start with in the beginning is the premise that when the police come out, there's been violence, somebody's hurt, somebody's going to get arrested, and all they're doing is figuring out which party is more responsible for what happened; which party did something unlawful? Which party was the aggressor under the particular circumstances of the case?
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