|Q: If a police officer is responding to a call about domestic violence and the victim claims nothing happened and says they do not want to press charges can the police still take the person to jail. Or is it true that the female has to actually press charges before the police can do anything?
A: In cases of Domestic Violence, if there are clear signs of violence ocurring then officers can make an arrest if needed, even if the victimized party does not want to report the incident. This is known as Warrantless Arrest for Domestic Battery and Battery. I.C. 35-33-1-1(a)(5). Law enforcement officers in Indiana, given probable cause, can make an on-scene, warrantless arrest for the misdemeanor crimes of Battery resulting in bodily injury, or Domestic Battery. Under Indiana law, victims are not required to sign any type of affidavit in order for an arrest to be made.