Code of the District of Columbia

§ 16–1031. Arrests.

(a) A law enforcement officer shall arrest a person if the law enforcement officer has probable cause to believe that the person:

(1) Committed an intrafamily offense that resulted in physical injury, including physical pain or illness, regardless of whether or not the intrafamily offense was committed in the presence of the law enforcement officer; or

(2) Committed an intrafamily offense that caused or was intended to cause reasonable fear of imminent serious physical injury or death.

(b) The law enforcement officer shall present the person arrested under subsection (a) of this section to the United States Attorney for charging.

(c)(1) Notwithstanding subsections (a) and (b) of this section, a law enforcement officer shall not be required to arrest a person who is under 18 years of age when there is probable cause to believe that the person has committed an intrafamily offense, where the victim of that offense is not an intimate partner, as that term is defined in § 16-1001(6A).

(2) If a person is not arrested under paragraph (1) of this section, the person shall be diverted to a program that provides behavioral health and community support services.

(Apr. 30, 1991, D.C. Law 8-261, § 2(c)(2), 37 DCR 5001; Mar. 25, 2009, D.C. Law 17-368, § 4(g), 56 DCR 1338; Apr. 4, 2017, D.C. Law 21-238, § 102(a), 63 DCR 15312; Apr. 27, 2021, D.C. Law 23-275, § 3(i), 68 DCR 001086.)

Prior Codifications

1981 Ed., § 16-1031.

Section References

This section is referenced in § 23-581.

Effect of Amendments

D.C. Law 17-368, in subsec. (b), deleted “under section 16-1002” following “charging”.

Cross References

Arrests without warrant by law enforcement officers, see § 23-581.