[Missouri’s "Almost Mandatory" Arrest Law page]

Missouri’s "Almost Mandatory" Arrest Law

In 1989, Missouri took a dramatic step toward cutting down domestic violence by enacting a mandatory arrest statute for domestic violence cases. Section 455.085, RSMo. Actually, it is more accurate to say that Missouri has an "almost mandatory" arrest law.

Under mandatory arrest laws, an officer responding to a domestic violence scene is required to arrest any person he has probable cause to believe was the "primary physical aggressor" in a domestic assault.

Under Missouri’s "almost mandatory" arrest law, a police officer responding to a domestic violence scene is encouraged to arrest the person he has probable cause to believe was the "primary physical aggressor." The subject is immediately removed from the home and remains in custody for up to 20 hours while the prosecutor decides what charges to file. If the officer does not arrest the suspect, he must make a detailed report explaining why he did not make the arrest and must file it immediately. If a second incident of abuse occurs within a twelve-hour period, the officer must make the arrest the second time.

Thus, under Missouri’s domestic violence laws, an officer investigating a domestic violence case will most often take the primary aggressor into custody, thereby allowing the victim a period of safety in which to gather her thoughts and/or possessions, giving the perpetrator a "cooling off" time in the local jail, and providing the perpetrator with something to remember the next time he is thinking about assaulting his wife.

Mandatory arrest laws work. In Denver, for example, which has had a mandatory arrest law for many years, recidivism rates for spouse-abuse are below 17%, whereas the rate is between 50% and 60% in cities where arrest is optional.

The Prosecuting Attorney’s Office has encouraged law enforcement agencies in Cape Girardeau County to aggressively enforce Missouri’s "almost mandatory" arrest procedures in domestic violence cases.