Exploring Mandatory Arrest, its Historical Context, and Real-World Effects – Part One
Before the 1970s, society mischaracterized domestic violence as a private matter rather than a societal
problem. Moreover, the state categorized domestic violence as a relationship malady and placed spousal
battery and assault outside of the criminal legal system’s jurisdiction. In turn, many victims suffered in
silence or received disproportionate system response and experienced further harm. Feminists and battered women’s advocates were concerned by this widespread apathy and minimization. As a result, they pressured law enforcement and the legislature to make policy and procedural changes that centered the safety and security of survivors and held perpetrators accountable, deterring further violence. Thus, mandatory arrest policies emerged as a solution to both state and societal indifference toward intimate partner violence and the prevalence of violence against women.
Part One of this series delves into the history of the battered women’s movement and traces the
movement’s collaboration with the state, providing an essential foundation for understanding what led
to the development of mandatory arrest laws. Through this historical analysis, Part One provides context
for the movement’s emphatic advocacy for state intervention in cases of intimate partner violence. From
there, Part One explores the movement’s arguments on behalf of mandated state intervention: decreased
violence, safety and security for survivors, deterrence, accountability for perpetrators, and reinforcement
of domestic violence as a rampant societal concern. Still, while proponents of mandatory arrest were driven by the desire to protect survivors and the goal of ending domestic violence, modern advocates are reckoning with the unintended consequences of these policies. Part Two and Three will delve into the research and lived experiences of survivors that challenge the efficacy of mandatory arrest, asking the question: are mandatory arrest policies obsolete?
