Legal Question in Criminal Law in Iowa
In a domestic abuse case in Iowa is it mandatory that both parties be arrested and go to jail? My daughter was charged with domestic assault when she didn't even hit her boyfriend. He punched her in the face because she screamed at him but the incident happened at his parents house and his mother called the police. When they showed up they immediately cuffed her and hauled her off to jail. They never asked her what her side of the story or of a statement. She never got a chance to talk.
1 Answer from Attorneys
There is no requirement that both parties be arrested. Usually the police will make a judgment call at the scene on whom they believe is the abuser and who is the victim and make one arrest, but sometimes they do arrest both if they feel both committed assaults, but there is no requirement that both be arrested.
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