A yearlong investigation by Bloomberg Law has found that mandatory arrest laws in about half of U.S. states, intended to prevent violence from escalating, have failed dozens of victims, including people wrongly arrested after calling 911; charges were dropped in at least 85% of cases examined. The investigation reported that arrests can erode survivors’ trust in law enforcement; some said false arrests cost them jobs or custody of their children, and more than a dozen said they were injured by responding officers during their arrests.
The laws, in place in 23 states, require police to make an arrest on domestic violence calls when there is probable cause; six other states encourage arrest as the preferred response but stop short of a mandate. The goal was to prevent violence from escalating after decades of police inaction, including the 1983 case of a Connecticut woman who was paralyzed after an officer did nothing as her estranged husband attacked her. But researchers and advocates say the laws have backfired. “These laws are a relic of a past time, and they are doing a significant amount of damage to the people they were meant to protect,” said Leigh Goodmark, an attorney at the University of Maryland law school.
The investigation examined cases including Rebecca Varney of Colorado, who was arrested after calling 911 and reporting that her husband had threatened and assaulted her. She was handcuffed before a purple bruise later appeared around her eye. “That was when I realized this was never going to end,” Varney said of her second arrest. In another case, a California woman identified as Jess said an officer told her he would lose his job if he didn’t arrest someone. She was jailed after her ex-boyfriend, who outweighed her by more than 200 pounds, threatened to kill her and her family and demanded she stab him with a knife. And in Arizona, Vanessa Huffman was arrested after reporting that her husband choked her, with officers citing a bite mark on his arm; a forensic exam later showed nine signs of strangulation. Varney accepted a plea deal that guaranteed her charge would be dropped; Jess’s charge was dropped, and Huffman’s assault charge was dismissed. Some people said they lost jobs and custody of their children because of false arrests.
The study that sparked the laws, the Minneapolis Domestic Violence Experiment in 1984, found mandatory arrest reduced repeat offenses in the city, but co-author Lawrence Sherman warned against nationwide mandates. Subsequent studies did not back his findings and showed victims could be harmed, especially Black women in poor neighborhoods. Sherman now says the laws should be repealed. “We need to get rid of mandatory arrest,” he told Bloomberg Law. “It’s backfiring for women.”
Supporters of the laws, such as Police Chief Andy McCurdy of Sumner, Washington, say the danger is not in the mandate itself but in a lack of training and support for victims. "The danger arises when arrest decisions are driven by visible injuries alone, made without careful investigation, or are influenced by organizational pressures or culture that reward quick resolution over careful assessment of the broader context," McCurdy said. He noted that arrest alone does not prevent future violence, but neither does eliminating arrest as an option.
Advocacy groups have urged better police training on domestic violence dynamics. Nikhita Ved, chief programs officer at the National Domestic Violence Hotline, said, "If you're going to make arrests mandatory, you better know what you're doing." Federal reauthorizations of the Violence Against Women Act have quietly stopped incentivizing mandatory arrest, and major domestic violence organizations have shifted away from supporting the laws.
Analysis
Why This Matters
- Domestic violence victims who call police for help risk being arrested themselves, discouraging future calls and potentially escalating abuse.
- The findings challenge the effectiveness of mandatory arrest laws that exist in nearly half the states and were once hailed as a solution.
- The issue raises questions about police training and the need for trauma-informed response to domestic violence calls.
Background
Mandatory arrest laws emerged in the 1980s and 1990s after decades of police reluctance to intervene in domestic violence cases. A landmark 1984 study in Minneapolis found that arrest reduced repeat offenses, prompting state legislatures and the federal Violence Against Women Act to encourage or mandate arrest. However, subsequent research showed the laws could harm victims, particularly women of color. Despite this, the laws remain in 23 states, with six others preferring arrest without a mandate. The Bloomberg Law investigation reviewed police reports, court documents, and 47 federal civil rights lawsuits over the past decade.
Key Perspectives
Leigh Goodmark, attorney and director of the Gender, Prison and Trauma Clinic at the University of Maryland law school: These laws "are a relic of a past time, and they are doing a significant amount of damage to the people they were meant to protect."
Lawrence Sherman, chair of the Cambridge Centre for Evidence-Based Policing and author of the Minneapolis study: "We need to get rid of mandatory arrest. It's backfiring for women."
Andy McCurdy, police chief in Sumner, Washington: The danger is not the law itself but a lack of victim support and thorough police training. "The danger arises when arrest decisions are driven by visible injuries alone, made without careful investigation, or are influenced by organizational pressures or culture that reward quick resolution over careful assessment of the broader context."
Jane Stoever, director of the University of California Irvine School of Law Domestic Violence Clinic: "It's a really dangerous practice because once you are arrested as a survivor of abuse seeking help, you won't see the police as a safe resource to return to."
Nikhita Ved, chief programs officer at the National Domestic Violence Hotline: "If you're going to make arrests mandatory, you better know what you're doing."
What to Watch
- Ongoing and future civil rights lawsuits against police departments in pro-arrest states may compel policy changes.
- State legislatures may reconsider mandatory arrest laws as evidence of harm accumulates; some have already seen proposals to scale back mandates.
- Federal action: The reauthorization of the Violence Against Women Act could further distance itself from mandatory arrest requirements.
Checked
12 claims in this story checked against 1 source: 10 supported.
Show each claim
- SupportedLeigh Goodmark said, “These laws are a relic of a past time, and they are doing a significant amount of damage to the people they were meant to protect.”Colorado Sun: ““These laws are a relic of a past time, and they are doing a significant amount of damage to the people they were meant to protect,” said Leigh Goodmark, an attorney who directs the Gender, Prison and Trauma Clinic at the University of Maryland law school.”
- SupportedRebecca Varney said, “That was when I realized this was never going to end.”Colorado Sun: ““That was when I realized this was never going to end,” she said through tears. “I needed to take control of my life.””
- SupportedAndy McCurdy said arrest decisions driven by visible injuries, inadequate investigation, or organisational pressures can be dangerous.Colorado Sun: ““The danger arises when arrest decisions are driven by visible injuries alone, made without careful investigation, or are influenced by organizational pressures or culture that reward quick resolution over careful assessment of the broader context,” said McCurdy”
- Partly supportedLawrence Sherman said, “We need to get rid of mandatory arrest,” and “It’s backfiring for women,” and told Bloomberg Law.Colorado Sun: ““We need to get rid of mandatory arrest,” Sherman said. “It’s backfiring for women.””
- SupportedNikhita Ved said, “If you're going to make arrests mandatory, you better know what you're doing.”Colorado Sun: ““If you’re going to make arrests mandatory, you better know what you’re doing.””
- SupportedMandatory arrest laws lead to wrongful arrests of domestic violence victims, an investigation found.Colorado Sun: “But as cops are required to make arrests on the scene of complex, volatile cases — often without the time, training or oversight to ensure the right person is held accountable — the laws have failed dozens of victims, a yearlong investigation by Bloomberg Law has found.”
- SupportedCharges were dropped in at least 85% of the cases examined.Colorado Sun: “In at least 85% of the cases examined, charges were dropped, primarily due to lack of evidence or findings of innocence, according to court documents.”
- SupportedTwenty-three states require police to make an arrest in domestic violence calls when there is probable cause, and six other states encourage arrest as the preferred response without requiring it.Colorado Sun: “Police in 23 states are mandated by law to make an arrest on domestic violence calls if they have probable cause, including Connecticut, Kansas, Mississippi and Ohio. Six other states encourage arrest as the preferred response but stop short of a mandate.”
- Partly supportedIn Jess’s case, an officer told her he would lose his job if he did not arrest someone that night.Colorado Sun: “The officer told her he would lose his job if he didn’t arrest someone that night, according to a lawsuit she filed against the police department.”
- SupportedIn more than a dozen cases, people said responding officers injured them during their arrests.Colorado Sun: “In more than a dozen cases, people said they were injured by responding officers during their arrest — the second time they had been physically hurt by someone that day.”
- SupportedSome people said false arrests cost them jobs or custody of their children.Colorado Sun: “Some said they lost jobs and custody of their children because of false arrests.”
- SupportedThe investigation reported that arrests can erode survivors’ trust in law enforcement.Colorado Sun: “Still, the arrests of 911 callers can have serious consequences, eroding survivors’ trust in law enforcement and emboldening their abusers.”