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, or the 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.
Therefore, it is crucial to grasp the concept of who the aggressor is. In essence, the aggressor is the individual who acts most violently and unlawfully in a domestic dispute, potentially leading to their arrest and prosecution for domestic violence. This understanding empowers you to navigate the legal process effectively.
The concept of an aggressor, which involves thinking 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 — for instance, if somebody pushes you, and you respond by punching 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. However, there are other ways to be perceived as 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. This could lead to a criminal record, jail time, and other serious consequences.
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 matter of subjective judgment on the part of the police.
Often, what I observe with the police is that regular officers struggle to determine who the aggressor is, so they must summon a watch commander, a superior officer, to make a decision. Sometimes, these commanders make incorrect decisions.
In other words, they think somebody's the aggressor, but they need to have all the information. They weren't there and didn't see exactly what happened, so they made an error in determining who the aggressor was. Now, someone gets arrested, and they really shouldn't be.
Here's where a competent domestic violence attorney becomes invaluable. They can present your version of events to the prosecutors, often putting them in a difficult position when an arrest was unjust. This reassures you that you have a strong advocate on your side.
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 who they think caused the most trouble, was the most violent, and was unlawful under the circumstances of a particular case.
If you find yourself in a domestic violence case in Los Angeles, grappling with the concept of the aggressor, remember that you're not alone. Seeking legal counsel is crucial. By presenting both sides of the story, you and your attorney can work together to gain a deeper understanding of the arrest, helping you feel more in control and less overwhelmed.
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?
Related Content:
