Can I Be Arrested If I Call the Police During a Domestic Violence Incident?
One of the most common misconceptions I hear is, “If I call the police first, they can’t arrest me.” Unfortunately, that’s simply not true.
In Arizona, the person who calls 911 is not automatically considered the victim. When officers arrive, their job is to investigate what happened, not to reward the person who made the phone call.
The Police Will Conduct an Investigation
When law enforcement responds to a domestic violence call, officers are trained to investigate the situation.
They’ll typically:
- Speak with both parties separately.
- Interview witnesses.
- Look for physical injuries.
- Review photographs, videos, or text messages.
- Evaluate the overall circumstances.
After gathering the available evidence, they’ll determine whether there is probable cause to believe a crime occurred.
Calling First Doesn’t Make You Right
I’ve seen many cases where the person who called the police ended up being arrested.
Why?
Because the investigation showed that they were actually the primary aggressor or that probable cause existed to arrest them.
The responding officers are looking at the facts, not simply who dialed 911 first.
Protect Yourself by Staying Calm
If police respond to your home, remain calm and respectful.
Avoid arguing with the officers or trying to convince them on the spot that the other person is lying.
If you’re arrested or believe criminal charges may be filed, exercise your right to remain silent and speak with an attorney before answering detailed questions.
What you say in those first few minutes can have a significant impact on your case.
Key Takeaways: Can I Be Arrested If I Call the Police During a Domestic Violence Incident?
- Calling the police does not prevent you from being arrested.
- Officers investigate the facts before deciding whether to make an arrest.
- The person who calls 911 is not automatically considered the victim.
- If you’re facing criminal charges, speak with an attorney before making statements.
Talk to an Arizona Criminal Defense Attorney
Domestic violence allegations can affect your freedom, your family, and your future. If you’ve been arrested or are under investigation, speaking with an experienced Arizona criminal defense attorney as early as possible can make a significant difference.