Understanding Washington’s Domestic Violence Mandatory Arrest Laws

Domestic violence allegations in Washington carry immediate and serious consequences. One of the most important aspects of these cases is the state’s mandatory arrest rule, which requires law enforcement officers to make an arrest under certain circumstances. Understanding how this law works, and the limited discretion officers retain, is essential for anyone facing a domestic violence accusation.

Washington’s mandatory arrest rule is found in RCW 10.31.100. The statute directs police officers to arrest a person without a warrant if they have probable cause to believe that a domestic violence offense occurred within the past four hours. The law applies to disputes involving spouses, former spouses, intimate partners, family members, or individuals who share a child in common. Once probable cause exists, an arrest is not optional—it is required.

Determining the Primary Aggressor

In practice, officers at the scene must decide who the “primary aggressor” is. This often requires quickly evaluating statements from both parties, reviewing any physical evidence, and speaking with witnesses. The intent of the law is to prevent dual arrests, but in reality, these decisions are frequently made under stressful conditions where the facts are contested. This can result in individuals being arrested even when both parties share responsibility or when the evidence is unclear.

When Arrest Is Mandatory

Mandatory arrest applies in several situations. The most common is when an alleged assault between household or family members occurred within the preceding four hours. The rule also requires arrest when an officer has probable cause to believe a no-contact or protection order has been violated. Importantly, an officer’s duty to arrest does not depend on whether the alleged victim wants charges filed or wishes to “press charges.” Once probable cause is established, the law requires action.

When Officers Have Discretion

Although Washington law is strict, there are circumstances where officers retain some discretion. If the alleged assault occurred more than four hours earlier, the mandatory arrest rule no longer applies, although officers may still arrest if they believe probable cause exists. Similarly, when the facts do not establish probable cause or when disputes do not rise to the level of a criminal offense, no arrest is required. Despite these limits, many officers still choose to arrest in order to avoid liability or further conflict.

The Consequences of a Mandatory Arrest

The effects of a mandatory arrest can be immediate and disruptive. An individual taken into custody will often face a court-issued no-contact order that prevents them from returning home or contacting family members. They will be required to appear in court, sometimes within a matter of days, and may face criminal charges even if the alleged victim is unwilling to cooperate. Beyond the legal process, an arrest can affect employment, professional reputation, and personal relationships.

Protecting Your Rights

While an arrest under Washington’s domestic violence laws does not equal a conviction, the process itself can be stressful and overwhelming. Anyone arrested should comply fully with court orders, including no-contact provisions, and seek experienced legal representation as soon as possible. An attorney can help evaluate the evidence, challenge questionable probable cause determinations, and work to minimize or dismiss charges.

Washington’s mandatory arrest laws reflect the state’s commitment to protecting victims of domestic violence, but they also place individuals accused of these offenses at immediate risk of arrest and prosecution. Understanding how these laws operate and taking swift steps to protect your rights can make a critical difference in the outcome of a case. The Law Office of Erin Bradley McAleer is dedicated to guiding clients through this process and advocating for the best possible result.