Roanoke Police Department
Determining the Primary Aggressor
On July 1, 1997, Virginia law enforcement officers, upon finding probable cause an assault and battery against a family/ household member has occurred, must arrest the primary aggressor and include in the written report how the primary aggressor was determined. The primary aggressor is the party posing the most serious threat. The primary aggressor is not necessarily the first disputant to engage in assault behavior, but the one with the most ability and inclination to inflict physical injury.
When deteriming the primary aggressor, officers gather all relevant information.
Guilt is not assumed based on visual evidence.
The following information is used to determine the primary aggressor:
· History of service calls to the home.
· History of domestic violence between the parties.
· Prior assault convictions of either party.
· Current or previous orders of protection filed against either party.
· Height/weight of parties.
· Proportional nature of injuries inflicted on each person.
· Injuries - offensive and defensive.
· Evidence one party acted in self-defense (bites, scratches, use of a defense "weapon").
· Presence of fear in one party.
· Presence of other normal responses to trauma (crying).
· Presence of controlling behavior in one party.
· Need for protection.
· Potential for future injury.
For more information, contact the Roanoke Police Domestic Violence Specialist at (540) 853-6889.
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