When Police Are Called To A House
Minn. Stat. 629.342 — a written arrest policy that discourages dual arrests, and immediate help for the victim when no arrest is made
A written policy. Each law enforcement agency develops, adopts and implements a written policy on arrest procedures for domestic abuse incidents, consulting domestic abuse advocates, community organizations and other agencies with expertise in recognizing and handling them, or adopts the model policy that the Bureau of Criminal Apprehension and the Board of Peace Officer Standards and Training keep updated.
- It discourages dual arrests.
- It includes consideration of whether one of the parties acted in self defense.
- It guides officers on when to remain at the scene until the likelihood of further imminent violence has been eliminated.
When no arrest is made. If an officer has probable cause to believe a person is committing or has committed domestic abuse, or has violated an order for protection, and does not make an arrest, the officer gives the victim immediate assistance: help obtaining necessary medical treatment, and the notice of rights the arrest statute sets out. An officer acting in good faith and exercising due care in giving that assistance is immune from civil liability.
Before a release. When a person arrested for a crime of violence or an attempted crime of violence, as the section defines it, is scheduled for review for release from pretrial detention, the court makes a reasonable and good faith effort to notify the victim of the date and approximate time, the location, the name and telephone number of someone to contact, and that the victim and the victim's family may attend.
The domestic assault offense, when an officer may arrest without a warrant, orders for protection and the conditions of release are in other sections that are not on this page. What happens in a particular case is a question for a licensed Minnesota attorney.
Sources for this section (2)
- Minn. Stat. 629.342 — Law enforcement policies; domestic abuse arrests
- Minn. Stat. 629.725 — Notice to victim regarding bail hearing of arrested or detained person
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Minnesota attorney.