So on any given day, we get a call like this “My boyfriend was arrested last night because we were arguing but there was no violence, just a push.” The metropolitan police officers come to your residence and he was arrested. You explain to the police officers that your not pressing charges and you dont want boyfriend arrested. Hmm too late.
DC Metropolitan Police Officers Have a Duty to Arrest
The District of Columbia Metropolitan police department has an entire unit dedicated to domestic violence. So, general police officers orders have instructed the officers to arrest if probable cause is determined by the officers. Therefore, if you tell the police officers “it was just a push but I am not pressing charges.” They must arrest your boyfriend. You have given them probable cause that a crime just took place.
So Will My Boyfriend be Released From The Police Station or Have to Go to Court?
Unfortunately, your loved one will be released from the Courthouse because domestic cases are not released on misdemeanor citation release.
Give me Some Good News!!!
If your loved one is charged with a domestic violence misdemeanor case, your loved one should be going home the next day unless he is probation, parole or another pending case. The prosecutor may even decline to the prosecute the case. If the prosecutor decides to charge the case – Be prepared for your loved one to have a stay away order from you. A stay-away order is an order from the Court telling your boyfriend/girlfriend to stay away from you. It doesn’t matter whether you want him to come around. He must stay away from you or he will be in contempt of court.
If Prosecutor Declines to Prosecute Consider Sealing the Case
If the prosecutor declines to prosecute you may want to consider a motion to seal the arrest. Need more information on sealing a domestic violence case. Give us a call or read one of our articles on sealing a criminal case in the District of Columbia.