A police officer may arrest a person for assault in domestic cases in accordance with Minnesota Statute 609.2242 and department policy.

A spouse may also be arrested when s/he commits an offense other than assault in the officers presence or when a citizens arrest is obtained. This would include a trespassing charge when the parties no longer live together and the suspect refuses to leave the premises.

When a court order has been issued, a person may be arrested for contempt of court, violation of a no contact order, or order for protection or harassment restraining order. The officer must be satisfied of the existence of the order and that the person has willfully disobeyed it.

When a persons actions amount to disorderly conduct and this is witnessed by the officer at the scene, s/he may make an arrest for that offense.

When the charge is one of criminal damage to property in a domestic case, the officer should be satisfied that the property damaged was not owned or partially owned by the defendant.

A police officer may arrest a suspect in a domestic case for a domestic abuse offense even though it was not committed in her/his presence. However, with respect to other offenses, the officers must either witness the violation or obtain a citizens arrest.

See also Minnesota Statute 629.341: Allowing probable cause arrests for domestic violence immunity from liability.

Revised July 1, 2011

Last Edited: March 20, 2017