Walk It Through: The Call To The House
A neighbor's call, an injury, a mandatory arrest, no contact from jail, and an order to follow.
A neighbor calls the police about shouting next door. An officer arrives and sees a red mark on one partner's arm.
Two things a person in this spot might do. Picking one shows what the law says about it.
One call with a visible injury. A mutual fight, children in the home, a firearm in the house and a violation of an existing order are not worked through here.
A practice walkthrough, not a prediction of how any real one will go. Legal information, not legal advice.
Words this turns on
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
- Aggravated assaultSerious bodily injury with extreme indifference, injury with a dangerous weapon, menacing with a deadly weapon, or impeding breathing by pressure on the throat or neck. A Class 3 felony.
- Exigent circumstancesAn emergency that can justify a warrantless arrest. With an arrest warrant or such circumstances, and after reasonable notice and refusal, an officer may break into a dwelling to arrest.
- Protection orderA court order after a hearing, on finding domestic abuse, that can bar abuse, exclude the abuser from the home and set temporary custody and support, for up to five years.
- Ex parte temporary protection orderA temporary order granted before the other side is heard, on an affidavit of immediate and irreparable injury, lasting until the hearing.
- Good causeThe narrow set of reasons for quitting that do not cost unemployment benefits, such as a certified health hazard or an employer that required moving.
- Significant romantic relationshipOne of the relationships that lets a person petition for a domestic abuse protection order, now or within the past twelve months.
- Class 1 misdemeanorThe more serious of the two misdemeanor classes, with a maximum of one year in a county jail or a $2,000 fine, or both.
- No contact orderA bar on contact with the victim: automatic while in custody after a domestic abuse arrest until the first court appearance, and by court order after a conviction.
- Simple assaultAttempting or recklessly causing bodily injury, or putting someone in fear of imminent harm by physical menace or a credible threat. A Class 1 misdemeanor, and a felony on a third within ten years.