When Arguments Turn Into Arrests: How Gwinnett Police Decide Who To Charge in Domestic Disputes

Tempers can flare the highest among people in the same household. While spouses, parents, kids, or others can argue, and those arguments can get pretty heated, they often do not require law enforcement intervention. However, there are times when domestic disputes escalate to the point where law enforcement responds. Even in these cases, charges are not necessarily filed. Nevertheless, there are some situations in which arrests will be made. This leads people to question how the police determine who to charge, especially if everyone acted inappropriately. Here is what Georgia police consider when deciding to file charges after responding to a domestic dispute. 

What Domestic Disputes Are

GA Code § 19-13-1 (2024) lays out what “family violence” means. It refers to 1) any felony or 2) commission of offenses of battery, simple battery, simple assault, assault, stalking, criminal damage to property, unlawful restraint, or criminal trespass. However, these acts must be between parents and children, stepparents and stepchildren, foster parents and foster children, past or present spouses, parents of the same child, or other persons living or formerly living in the same household.

Mere yelling does not count as a domestic dispute. Additionally, if there is physical contact between a parent and a child that is reasonable corporal punishment, that also will not count as family violence.

Some individuals engage in physical contact or destroy property because their emotions get the better of them, and then realize they did not intend to. However, once that line is crossed into one of the acts listed in the statute, it becomes a domestic dispute.

When Police Respond 

If police respond to a domestic dispute, they first have to determine what happened. Officers typically separate everyone involved, look for visible injuries, speak with witnesses, and assess the scene for signs of violence. They may review prior calls, evaluate statements for consistency, and then determine whether an arrest will be made.

When responding to an incident involving family violence, officers must not decide whether to arrest or charge someone based solely on the victim’s consent, requests, or the relationship between the parties. Officers are prohibited from threatening or implying that everyone will be arrested in order to discourage anyone from seeking police assistance.

Rather, the police need to determine who the predominant aggressor is. The predominant aggressor is the person who presents the greatest and continuing threat of harm, even if that individual did not start the physical confrontation during a particular incident. For example, if one partner throws the first object but the other has a history of violence, causes more serious injuries, and continues making threats, police may identify the latter as the predominant aggressor.

When police receive family-violence complaints from opposing parties, or when both individuals show injuries, the officer must assess each claim independently to identify the predominant aggressor. Officers may not threaten to arrest everyone involved. If evidence shows one person posed the primary physical threat, that person may be arrested without requiring the arrest of others.

In making this decision, officers consider factors such as prior incidents of family violence, the severity and type of injuries, and whether injuries appear defensive or offensive. They also evaluate threats made, the risk of future harm, and whether someone acted in self-defense or to protect another person. For example, if one partner has minor scratches from blocking blows while the other has a history of violence and made threats during the incident, police may arrest the latter as the predominant aggressor, even if both parties were injured.

Family Violence Report

Whenever a law enforcement officer investigates a family violence incident, a written Family Violence Report must be completed, regardless of whether an arrest occurs. This report, created using forms provided by the Georgia Bureau of Investigation, ensures consistency, accountability, and accurate statewide data collection. It documents critical details such as the names, ages, sex, and relationship of the parties involved, along with the time, date, and location of the incident.

The report also records whether children were present or affected, the nature and severity of the alleged abuse, and whether drugs or alcohol played a role. For example, an officer might note visible bruising consistent with a physical assault, or describe verbal threats made while one party appeared intoxicated. Any weapons involved, such as firearms or household objects, must be listed, along with the existence of prior court or protective orders.

Officers must also include information about any previous family violence complaints, if reasonably available, and explain the police action taken. If one party is identified as the predominant aggressor, the officer must document the reasoning. If no arrest is made, mitigating factors, such as lack of probable cause or credible self-defense, must be explained. Additionally, the report notes whether the victim was informed about available legal remedies and support services.

Although these reports are primarily for statistical purposes and are generally not public when no arrest occurs, both arrested defendants and victims have the right to review and obtain copies. All family violence incidents, including non-arrests, are reported to the Georgia Bureau of Investigation and included annually in the Georgia Uniform Crime Reports to track trends and inform public policy.

After an Arrest is Made

Domestic violence allegations can lead to severe penalties, including jail time, costly fines, and a lasting criminal record. Even a misdemeanor conviction may affect your job prospects, housing options, and firearm rights. A skilled Gwinnett County criminal defense attorney can analyze police reports, body-camera footage, 911 calls, and witness statements to make the strongest case for you.

Contact a Knowledgeable Criminal Defense Attorney 

Facing domestic violence allegations can be overwhelming and the consequences serious. A knowledgeable criminal defense attorney can explain your rights, evaluate the evidence, and guide you through each step of the process. Early legal guidance can make a critical difference in protecting your freedom and future.