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My 17 year old daughter  that lives with her grandmother, got into a fight with her...

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muleee | Student | eNotes Newbie

Posted January 26, 2010 at 9:25 AM via web

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My 17 year old daughter  that lives with her grandmother, got into a fight with her boyfriend, she dialed 911, they came and arrested her.  Why?

 

Why is my daughter being the one getting charged when she is the one who called the police to protect her?

Tagged with 911, arrest, law, law and politics

4 Answers | Add Yours

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pohnpei397 | College Teacher | (Level 3) Distinguished Educator

Posted January 26, 2010 at 9:37 AM (Answer #1)

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There is no way we can answer this because we do not know all the circumstances.  We do not know how the fight happened, what the police were told, or what your daughter is being charged with.

Just because someone calls 911 does not mean they cannot be arrested.  If it did, then anyone who committed a crime could just call 911 and use that as their defense.

You should also know that many states (including my home state of Washington) require the police to arrest both parties, mainly as a way to defuse the situation.

But beyond that, there's really not much we can do.  We don't know what your daughter did, what she said to the police, or anything like that.

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brettd | High School Teacher | (Level 2) Educator Emeritus

Posted January 26, 2010 at 9:38 AM (Answer #2)

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It depends on the state as to what the specific laws are regarding a case such as this, but in many states (such as Washington where I live) fights such as this are defined as domestic violence, and automatically lead to the arrest of both parties involved - I say this because your post suggests your daughter got into a fight - that is, was an active participant as opposed to someone who was a victim of violence and did not fight back.

These laws are designed to separate and incarcerate each party until fault can be determined, or at least until both sides cool off.  Keep in mind I am not an attorney, and do not have all the relevant details of the situation you describe.  I hope it works out for the best for your daughter, yourself and all involved.

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mkcapen1 | Middle School Teacher | Valedictorian

Posted January 26, 2010 at 9:45 AM (Answer #3)

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Under the new laws in many states domestic violence is now counted as a duel offense.  In North Carolina I have observed the same thing as a social worker.  Social workers had to go and get the man or woman from the magistrate in order to serve them.

Each state has its own laws that govern the laws of Domestic Violence.  If there had been no prior history and the male counterpart in the incident did not state that the female was involved in the fight, then they should not have arrested her with the intent to hold her.  However, your best bet is to check with an attorney regarding your niece's rights.

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krishna-agrawala | College Teacher | Valedictorian

Posted January 26, 2010 at 11:01 AM (Answer #4)

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It is not possible to tell why police arrested one person and not another without knowing the more details of the acts committed by the two person which you believe justifies the arrest or otherwise of theses persons.

The only information you have given is that your 17 year daughter and her boyfriend got into a fight and she dialled 911.

This information does not tell if really your daughter's boyfriend had done anything to justify ringing 911. It is quite obvious that purpose of law and the law enforcement agencies like police will be defeated if a person can ring 911 without any justification and have an innocent person arrested.

I do not wish to imply that your daughter had done anything wrong in calling 911. There could have been some misunderstanding on part of police, or may be the police acted inappropriately for some other reasons. But I just want to clarify that as per principles of natural justice, a person who rings 911 without justification, and tries to get an innocent person arrested, is guilty of misusing this facility and causing harassment to innocent person.

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