Legal Question in Family Law in Utah

Domestic Dispute

If police are called on a domestic dispute between husband and wife, what are the procedures. No physical abuse to the female spouse just arguement and light pushing. Upon police arrival Husband (me) was calm, and co-operative, although wife invited officers in. Police wanted husband to go outside with them and he (me) did not want to go outside and said that he was fine talking inside. because I did not want to talk outside the officers grabed me from my chair and man-handled me into handcuffs and shoved me outside. Do they have a right to come into my house and do this just because I did not want to talk outside? They also told me that when they come to my house that it is no longer my house it is their house. I also have had knee surgury twice within the last 4 months and now my knee hurts again as my last surgury was 3 weeks ago. What can I do?


Asked on 9/01/05, 3:15 am

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Domestic Dispute

Your questing is fact specific to your case and without knowing all of the details a proper analysis is not possible. Generally when the police are called to a domestic dispute, the police have the right to separate the wife and husband. They do this because a battered wife will not accuse her husband in front of him. Your resistence implies that you wanted to remain to intimidate your wife from stating what may have actually happened. It is always good policy to comply with police requests.

If the police were unreasonably aggressive and you were injured, you may be able to recover for your injuries.

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Answered on 9/01/05, 11:00 am


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