Examining the Effects of Arrest on Domestic Violence Survivors in New York State
Overview
For decades, jurisdictions in the United States have relied on law enforcement and, in many states, mandatory arrest policies to address domestic violence (DV). The arrest-centered approach gained traction in the 1990s in response to community demands that the police take violence against women seriously and act decisively. This shift was intended to promote survivor safety and hold people who cause harm accountable. However, research reveals that prioritizing arrest to address DV can have unintended negative consequences.
This report explores survivors’ experiences with arrests related to DV incidents in New York State. It underscores the urgent need for holistic, community-based strategies that prioritize survivor well-being and long-term safety. The findings also highlight the limitations of a law enforcement–centered response. By centering survivor voices, this study illuminates potential gaps in New York State’s current response to DV and provides recommendations to address the needs of survivors more holistically.
Key Takeaway
Effective domestic violence (DV) solutions must address needs before, during, and after arrest. Although survivors seek safety, their needs extend beyond what the criminal justice system can provide. The complexity of the study participants’ stories reflects the complexity of the circumstances surrounding DV arrests and complicates public policy attempts at simple solutions.
Publication Highlights
The criminal justice system’s domestic violence responses can produce unintended negative consequences for survivors, such as housing instability, financial struggles, mental health issues, and negative impacts on children.
Participants’ identities, including race, gender, sexuality, and gender presentation, influenced how they evaluated police responses, with some believing that the police’s behavior toward them related to their identities.
Participants’ stories suggest survivors would benefit from having an array of options or the ability to provide more input into what happens when police are called to a domestic violence incident.