A heated argument with a partner can spiral out of control quickly. They might lunge at you, causing you to push them away to protect yourself. When the police arrive, the room is chaotic. You expect them to see you were protecting yourself, yet you end up in handcuffs. This situation is frustrating and common.
Determining the predominant aggressor
Police officers respond to these calls to restore safety. They generally do not hold a trial in your living room. In North Dakota and Minnesota, officers are trained to identify the “predominant aggressor.” This is not always the person who started the fight.
According to the National Institute of Justice, officers identify the person who poses the most serious threat. If you shoved back and left a scratch, but you have no visible injuries, the police might decide you were the aggressor in that moment.
Self-defense is a legal justification
Claiming self-defense is a specific legal strategy that is often misunderstood. By raising this defense, you generally admit that the physical contact occurred. However, you argue that your actions were a necessary and justified response to a threat.
Because you are not denying the physical act took place, the police on the scene often focus on the visible result rather than the intent. They may not have the time or evidence to determine if your actions were legally justified during the initial response. Instead, they rely on observable indicators to identify the predominant aggressor in a domestic violence incident:
- Physical evidence: Officers look for defensive wounds or bruises to see whose story aligns with the injuries.
- Prior history: They check for past reports or protective orders involving the same people.
- Statements: Police compare accounts given by you, your partner and any witnesses.
- Fear: Officers attempt to gauge which party appears to be in genuine fear.
These reports rarely capture the full nuance of a relationship.
The role of the courtroom
The arrest is only the beginning of the legal process. While the police report sets the initial narrative, it is not the final verdict. The court system provides the opportunity to present evidence of justification that was not obvious during the initial chaos. A defense attorney can help ensure the full context of the incident is presented to the prosecution.