Guidelines for Mandatory Arrest

Oregon Revised Statutes (ORS 133.055) require that the police arrest the perpetrator in domestic violence cases. By law, Police must arrest in cases which involve family or household members as defined in the RO section, and they have probable cause to believe that abuse has occurred or that the perpetrator has placed the victim in fear of imminent serious physical injury.

Abuse is defined as:

attempting to cause or intentionally, knowingly or recklessly causing physical injury or serious physical injury;
intentionally attempting to place another in fear of imminent serious bodily injury; and
causing another to engage in involuntary sexual relations by force or threat of force.

If you wish the police to arrest the assailant, you will need to provide evidence that you have been assaulted or that you are afraid of an imminent assault, and what your relationship with the assailant is. This evidence might include:

showing them injuries, broken furniture or dishes,
providing them with the names of neighbors who witnessed the assault,
telling them what your relationship with the assailant is,
making statements about threats that the assailant has made and why you believe he would carry them out,
stating that you are afraid of the assailant.

The calmer you are and the more detailed the account you give the police, the more likely they will arrest. It may be helpful to indicate if children were present at the time of the assault, or if weapons are kept in the household. If the perpetrator has left the scene, the police may be willing to look for him, if you tell them where he has gone.
Police should only arrest one person, the “primary” assailant, at a domestic violence incident. Who is the primary assailant is determined by comparing the extent of injuries or seriousness of threats; the history of domestic violence; whether the assault was in self-defense; and the potential for future assaults.

Police are mandated to arrest if someone has violated a restraining or a no contact order. It is helpful to show the police a copy of the restraining order. Officers are also required to provide the victim with referral information.
There have been cases, in which the perpetrator has not been arrested, despite evidence of an assault. If it does not further endanger you, ask the officers for their names and badge numbers. You can call either the District Attorney’s office, or your city's Police the following day, to ask for assistance in protecting yourself from assault or to press charges.

Following arrest, the perpetrator is usually released from jail (bail, own recognizance, due to overpopulation or following arraignment) with a “no contact order” which bars him from contacting the victim. You can call the jail to ask them to call you before they release the abuser. In theory, perpetrators are to be held in jail until the next (or Monday) morning after arraignment, unless they are released on bail or their own recognizance.

The Wasco County District Attorney has a policy to review and prosecute all domestic violence cases that can be proven, whether the victim participates or not. If you wish to participate in prosecution, call the District Attorney’s office (541-296-2276). If the perpetrator has been arrested and you call before noon the next business day, the District Attorney can act on the case while the perpetrator is in custody. You can also call the District Attorney’s office at any time after an assault to press charges, whether the police have written a report or not. However, if the perpetrator is no longer in custody, there will be delays in charging.

To prosecute the assailant, either at that time or later on, you can take the following steps to assist the District Attorney in their case:

Request that the police or health care provider take pictures of any injuries you received. The District Attorney’s Victim Assistants and the City of The Dalles Police Department can also take pictures. Bruises are best photographed 2-3 days after the assault.

Request that the police or health care provider include specific statements by you or the assailant in their report. These statements might include things like “John, my husband, hit me in the face with his closed fist.” The more explicit you are in describing the assault, the better case the District Attorney can make, whether you are able to participate in the prosecution or not.
Keep a log of threats, harassment, menacing or assaults, and who might have witnessed them.
Call the police every time there’s an assault or violation of a restraining order.
Call the DA as early as possible after an assault.
If a child is injured in an assault against you, call the Child Abuse Reporting Line at (541) 298-5136 immediately. This not only provides additional evidence of an assault, but indicates that you have taken steps to protect your child.

Note: Perpetrators sometime retaliate after the police have been called or if the victim participates in the police investigation or the District Attorney’s prosecution. Perpetrators frequently threaten or coerce victims to recant or refuse to participate in prosecution. The police or District Attorney can not guarantee safety during an investigation or trial. Only the survivor can determine if it is safe enough to participate in the criminal proceedings. Employers or others providing support should never require a police report or prosecution. Safety planning is essential for the survivor during this time.

Information adapted from “Domestic Violence Resource Manual,” January 1997, issued by Multnomah County Department of Community and Family Services

This page was last updated on March 17, 2003

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