Mandatory Arrest

According to RCW 10.31.100(2)(c), an officer must make an arrest if: The person is sixteen years or older and within the preceding four hours has assaulted a family or household member as defined in RCW 10.99.020 and the officer believes:

(i) A felonious assault has occurred;

(ii) an assault has occurred which has resulted in bodily injury to the victim, whether the injury is observable by the responding officer or not; or

(iii) that any physical action has occurred which was intended to cause another person reasonably to fear imminent serious bodily injury or death. Bodily injury means physical pain, illness, or an impairment of physical condition. When the officer has probable cause to believe that family or household members have assaulted each other, the officer is not required to arrest both persons. The officer shall arrest the person whom the officer believes to be the primary physical aggressor. In making this determination, the officer shall make every reasonable effort to consider:

(i) The intent to protect victims of domestic violence under RCW 10.99.010;

(ii) the comparative extent of injuries inflicted or serious threats creating fear of physical injury; and

(iii) the history of domestic violence between the persons involved.