Primary Aggressor Listings by State

Ladies and Gentlemen, start your laptops. And in case you don’t know, primary (or predominant) aggressor laws are laws designed to give police the edict to arrest men in domestic violence disputes. They use guidelines that target males, not evidence of who did or didn’t commit a crime. If your state is on this list, you should be contacting your representatives and making a protest. – PE

 

Primary Aggressor Laws By State
State Primary Aggressor Law
Alabama Ala. Code § 13A-6-134
Alaska Alaska Stat. § 18.65.530(b)
California Cal. Penal. Code § 13701(b)
Colorado Colo. Rev. Stat. § 18-6-803.6(2)
Florida Fla. Stat. ch. 741.29 (4)(b)
Georgia Ga. Code Ann. § 17-4-20.1 (b)
Iowa Iowa Code § 236.12(3)
Maryland Md. Ann. Code art. 27§ 594B (d)(2)
Missouri Mo. Rev. Stat. § 455.085(3)
Montana Mont. Code Ann. § 46-6-311(2)(b)
Nevada Nev. Rev. Stat. Ann.§171.137(2)
New Hampshire N.H. Rev. Stat. Ann. § 173-B:10(II)
New Jersey N.J. Rev Stat. § 2C:25-21 (c)(2)
New York N.Y. Crim. Proc. Law § 140.10 (4)(c)
Ohio Ohio Rev. Code Ann. § 2935.032(A)(1)(a)(ii) & 2935.03(B)(3)(d)
Oregon Or. Rev. Stat. § 133.055(2)(c)
Rhode Island R.I. Gen. Laws § 12-29-3 (d)(2)
South Carolina S.C. Code Ann. § 16-25-70 (D)
South Dakota S.D. Codified Laws § 23A-3-2.2
Tennessee Tenn. Code Ann. § 36-3-619 (b)&(c)
Utah Utah Code Ann. § 77-36-2.2
Virginia Va. Code Ann. § 19.2-81.3 (B)
Washington Wash. Rev. Code § 10.31.100(2)(c)
Wisconsin Wis. Stat. § 968.075(3)(1)(b)
link to table of states with mandatory arrest laws

 


About Paul Elam

Paul Elam is the founder and publisher of A Voice for Men, the founder of A Voice for Men Radio, the AVfM YouTube Channel, and appears weekly on AVFM Intelligence Report, Going Mental with Dr. Tara Palmatier and weekly on MANstream Media with Warren Farrell and Tom Golden.

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  • Stu

    So in other words, half the country, and growing

  • http://truthjusticeca.wordpress.com/ Denis

    These are great references:

    Richard Davis- Police Officer Perceptions of Intimate Partner Violence (POPIPV): An Analysis of Observational Data

    The POPIPV documents that almost two of every three (62%) of law enforcement IPV interventions are for “verbal arguments.” And one of every five (20.4%) are for incidents where it is difficult to determine who is the offender and who is the victim. Hence, the vast majority (82.4%) of IPV interventions can be problematic for responding officers.

    Most criminal justice data documents that in serious incidents females do suffer from more injurious and fatal violence than males. However, as the POPIPV documents most IPV incidents are minor or there is no empirical evidence to demonstrate who initiated the assaultive behavior. Contemporary unprecedented IPV training curriculums establish a bias found nowhere else in the criminal justice system. IPV trainers simply refer to females as victims and males as offenders

    It is difficult to understand how or why the officers did not make a single arrest of a female offender when a recent study from the Centers for Disease Control and Prevention documents that women are the perpetrators in more than 70% of nonreciprocal IPV incidents.

    http://www.californiamenscenters.org/wordpress/wp-content/uploads/2009/01/090126-law-enforcement-and-ipv.pdf

    Here’s What Maine Teaches Police About Domestic Violence

    http://glennsacks.com/blog/?p=4597
    the predominant aggressor doctrine functions as a method of directing police officers to arrest men, not women, when responding to domestic disturbance calls

    • Jim

      “Most criminal justice data documents that in serious incidents females do suffer from more injurious and fatal violence than males.”

      Often because the data is skewed by faulty reporting, as in the case of Mary Winkler where her murder of her husband was not considered or logged as DV, or in murder for hire cases, or where the responding officer simply makes no arrest if the assailant is a woman..

  • http://freehumanbeing.com/ Free Human Being

    If I was in the U.S.A I’d be protesting these laws like heck. Life in Australia isn’t perfect, but you poor bastards in the States are getting the shaft.

    It makes me furious to watch these guys get bent over the barrel by a legal system more akin to cancer than a cure.

    These feminist hags have blood on their hands and we need a new Nuremberg trial to stone these lecherous beasts.

    We need to infiltrate their ranks and make inroads.

    I think it’s only going to take one angry guy with a wad of cash and the will to make a difference to seriously attack back.

    Wait ’till there are hundreds of cashed up, enlightened MRA’s looking to do battle with the feminist beast.

    It’s a matter of time

    • Eff’d Off

      @ Free Human Being.

      As a fellow Australian I agree with you in that our brothers up over are getting bum rogered.

      It scares me reading about what’s going on there and I pray that the extreme whoopin’ hollerin’ good ‘ole gal fem-circus does not roll into town here.

      If it was ten years ago we’d be ripe for the plucking but now the fledgling movement here has a wee footing enough to mitigate against it.

      Yes mate, I am watching the North American continent, The UK and Sweden very closely I can tell you.

      Ye-fuckin’-hie !

      • http://none Atlas Reloaded

        Yeah, but I hear The Land Down Under has some serious bullshit concerning men too! I guess it’s everywhere.

        • Eff’d Off

          Yep, we sure have some serious bullshit here too, you better believe it.

          • http://none Atlas Reloaded

            Yeah but…can THEY hear? Can THEY hear the thunder? THEY better run and take cover…feminists I mean.

      • http://freehumanbeing.com/ Free Human Being

        We are only a few years from the shit storm, but luckily men’s rights movements may have some more momentum by the time d day comes.

        No offense to anyone, but American women as portrayed on tv are nothing short of monsters. The self indulgent, narcissistic, misandric, utterly disgusting way they carry on is enough to make most men run and hide.

        Luckily a great deal of those men stand and fight.

    • nigeles175d

      I am in the U.K. and I’m protesting. I cannot vote out these misandrists, but I can certainly make it clear to them that they are imbeciles in the eyes of the rest of the world.

      Let us all be clear that politicians from different countries mix and share ideas. Advisory committees visit other feminist countries to learn how to be better misandrists.

      Where the U.S. leads, the rest of the Anglosphere and developed world will quickly follow.

  • Promoman

    I’m sending this to every male I’m on good terms with right damn now.

  • http://none Atlas Reloaded

    Filthy! That is all I can say and all I can call it. Filthy.

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  • The Zeta Male (2)

    I just don’t get it. Do we as men have zero rights? It is starting to feel like we should all be caged and released only to propagate the species, be accused of a crime and put back into a cage. When we run our useful life cycle are we to be drawn, quartered and liquefied into eatable mush for the next generation of male subjects? We are letting our worth be determined by those who seek our destruction and government is enabling it to happen. How can they continue to re-distribute our wealth if we stop participating in the lie we call marriage? Wait, sorry, they figured out a way to punish us, accuse us of rape!!!

  • giselle

    Aaah, Just ANOTHER wonderful reason why Im moving to Arizona.

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  • Promoman

    Another danger is the potential blowback regarding police brutality, police cases concerning abuse of power, & racial profiling? These issues are mainstays in the news and now that DV is gaining so much press, those issues have nowhere to go but up.

  • John-J245

    Dual Arrest occurs when both parties in a domestic violence incident are arrested. The courts and legislature discourage police officers to use dual arrests because it can further victimize the actual victim. Officers use dual arrest because it can sometimes be hard to determine who the actual aggressor is. In order to help the cops to make the distinction and to decrease the number of dual arrests made, at least 24 states have passed “primary aggressor” laws.

    Primary aggressor laws help cops to determine who is the one responsible for the violence. someone who starts a verbal arguement is not responsible for violence against them. Also, primary aggressor laws give police better guidance to distinguish who’s the offender and who’s the victim besides using gender and body size. Do not assume that the physically larger person is always the aggressor. Look at the injuries. Bruises may take hours to appear yet scratches and bite marks that appear quickly may possibly be signs of defense. Victims might also be seen as the aggressor because their anger or screaming may be mistaken for aggressive behavior.

    According to New York’s Office for the Prevention of Domestic Violence (http://www.opdv.state.ny.us/public_awareness/bulletins/spring1999/aggressor.html) when attempting to identify the primary aggressor and deciding if an arrest is appropriate, an officer must consider: the comparative extent of any injuries, whether any threats were made, whether any person has a prior history of domestic abuse, and whether the person acted defensively. In addition, the law provides that an officer is not required to make an arrest when the officer reasonably believes that a person’s conduct was justified under Article 35 of the Penal Law.

    http://avoiceformen.com/2011/04/13/primary-aggressor-listings-by-state/. A Voice for Men believes that primary aggressor laws targets men to be the ones arrested. But I feel that they are mistaken. I believe that primary aggressor laws help men that are being battered as well. According to Richard Davis, ALM (2005) “In some states simply the fear that an assault may occur is sufficient to issue a restraining order or more stringent criminal action. The National Violence Against Women Survey documents women are far more likely to report domestic violence than men and law enforcement officers are far more likely to take a report and to make an arrest if the victim was female.” However, “There are many studies that document women engage in minor assaultive behavior as often as men. Women are as likely as men to initiate this type of violence. If a wife slaps a husband or a husband punches a wife, each individual act by statute law, is an act of domestic violence.” http://www.policeone.com/standoff/articles/98522-Dual-arrests-and-the-domestic-violence-arrests-of-women/

    • Raven01

      Theory and practice are two different things. The practice is to arrest men, the same as the practice is to award custody to mothers in a disproportionate number of cases.

    • http://truthjusticeca.wordpress.com/ Denis

      There are plenty of examples of gender bias in police training and arrest policies. Men have good reason to avoid calling the police when they are far more likely to be arrested.

      Good reading:

      http://www.mediaradar.org/docs/Dutton_GenderParadigmInDV-Pt1.pdf
      Brown (2004) found huge discrepancies in arrest and prosecution of spousal assault as a function of gender. Women were four times more likely to report partner violence to police (81% vs. 19%).(Stets & Straus (1992a) found women were 10 times more likely to call police in response to partner assault. Brown also found women were more likely to have the police arrest when reporting (75% vs. 60%) than were men reporting an assault by a woman. The higher arrest of men occurs despite injuries to male victims. When men are injured, female perpetrators are arrested only 60.2% of the time, compared to 91.1% of cases involving in the reverse situation (Brown, 2004, p. 34).

      http://www.nfvlrc.org/docs/DuttonCorvo.policypaper.pdf
      As Follingstad et al. concluded, “the stereotypical association between physical aggression and males appears to extend to an association of psychological abuse and males” (p. 447). Unfortunately this sometimes leads to serious problems. Coontz, Lidz and Mulvey (1994) found that clinical predictions of dangerousness made in psychiatric emergency rooms consistently underestimated female dangerousness. Predictions that a male would not be violent were correct 70% of the time, but for females, they were correct only 55% of the time. Skeem et al. (2005) had 147 clinicians assess 680 patients in a psychiatric emergency room for risk of future violence. Mental health professionals of both genders were “particularly limited in their ability to assess female patients’ risk of future violence”

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