§ 11-05-300. Generally—Arrests without warrant in domestic violence situations; liability.  


Latest version.
  • (a)

    Notwithstanding the provisions of any other law to the contrary, a peace officer may arrest a person and take that person into custody without a warrant when the officer is at the scene of a domestic disturbance and has probable cause to believe that the person has committed an assault and battery upon a family member or household member. And as used in this section, "family or household members" means spouses, former spouses or persons residing with each other.

    (b)

    No peace officer shall be held criminally or civilly liable for making an arrest pursuant to this section, provided he acts in good faith and without malice.

    (c)

    Whether or not an arrest is made pursuant to this section, a peace officer may remain with the victim and assist the victim in getting shelter or receiving proper medical attention.

(Ord. No. 601, § 1, 2-12-80)