Predominant/Dominant Aggressor Law

(2) When complaints of family violence are received from two or more opposing parties, or if both parties have injuries, the officer shall evaluate each complaint separately to attempt to determine who was the predominant aggressor.  Such officer shall not threaten, suggest, or otherwise indicate that all parties will be arrested.  If such officer determines that one of the parties was the predominant physical aggressor, that person may be arrested. Such officer shall not be required to arrest any other person believed to have committed an act of family violence during the incident.  In determining whether a person is a predominant physical aggressor, an officer shall consider all of the following:

(A) Prior family violence involving either party;

(B) The relative severity of the injuries inflicted on each person, including whether the injuries are offensive versus defensive in nature;

(C) Threats that created the fear of physical injury;

(D) The potential for future injury;

(E) Whether one of the parties acted in self-defense or in defense of a third party;

(F) Prior complaints of family violence;  and

(G) Whether the person had reasonable cause to believe he or she was in imminent danger of becoming a victim of any act of family violence.