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Not in all circumstances, as arrest is only necessary when there is an accompanying criminal charge. Should you choose to file a criminal charge of assault for example, if the responding officer finds evidence to support the claim he or she will arrest your partner. Keep in mind that even if you chose not to file charges the officer on his or her own observations may still file those charges.
If you are a victim of a qualifying crime under the Domestic Violence Act, you can request a Temporary Restraining Order. The request is temporary until you both appear before a Superior Court Judge who will determine whether it is appropriate to grant a permanent order referred to as a Final Restraining order. The result of either a Temporary or Final Restraining Order is that your partner will not have access to you (or your children) until a Judge allows it.
In any case however, the police can guide you through the process and provide you with the information you need to decide to request a restraining order or file a complaint for criminal charges.
Keep in mind that if the abuser is a close family relative and you are an immigrant you may qualify for a green card under the Violence Against Women’s Act. Otherwise, you may qualify for legal status under the U-Visa.
If you face an Domestic Violence issue we have some valuable resources for you:
If you have questions, we have answers.
- Call our knowledgeable staff at 888-695-6169;
- Fill out our contact us form on this page; or
- Select our live chat feature to speak to someone right away.
We help victims of domestic violence, one trial at a time.