Town police: ‘Dual-arrest’ domestic incidents down

GREENWICH — State legislators made a change to the law governing how arrests are made in domestic-violence situations in 2019, and the modifications are now showing up in the Greenwich Police Department.

Connecticut’s earlier family-violence law mandated an arrest be made in cases when probable-cause existed that a crime was committed — regardless of

how a domestic incident had begun or how it had escalated. Given the nature of domestic incidents, that law meant that both partners were often arrested when officers were called about instances of domestic violence.

That practice is known as dual arrests, and the state of Connecticut had the highest rate of such dual arrests in the country, according to advocates working to prevent violence against women, as well as men who suffer injury at the hands of domestic partners.

According to the Connecticut Coalition Against Domestic Violence, the state had a dual arrest rate of 20 percent, more than twice the national average of 7 percent. It meant that police in Connecticut were arresting both parties involved in intimate partner violence in more than one case out of five.

In 2019, the family violence law was modified in Connecticut, and the General Assembly passed what is known as a Dominant Aggressor Law. It enables police to arrest only the person who initiated the violence, thus preventing dual arrests.

Officers are allowed to make a determination on how a violent incident began, and the new law gives them the discretion to arrest only the “dominant aggressor” in those circumstances. New training was also part of the law-enforcement initiative.

Advocates said that arresting a victim of domestic violence was in itself a traumatic experience. They emphasized how the previous law made victims hesitant to contact police out of a fear of arrest.

“Dual arrests, they made it harder for victims to call. And it added to the trauma for victims, and children who witnessed the arrests,” said Mary Lee Kiernan, president and CEO of the YWCA Greenwich.

She noted the practice of arresting two people can also hinder prosecution of the dominant aggressor. The YWCA Greenwich worked with the local police department on the training and implementation of the new law, she said.

Now, Greenwich police say they have seen the impact of the new legislation.

Police spokesman Capt. Mark Zuccerella noted that dual arrests are significantly down in Greenwich.

“The Greenwich Police Department trained each officer in this law and the training has paid off. Dual arrest incidents in Greenwich has been drastically reduced,” he said.

“This is yet another example of GPD’s willingness to embrace opportunities to better protect victims of domestic violence,” Zuccerella said. “We have a strong collaboration and relationship with the YWCA Domestic Abuse Services and will always endeavor to protect, advocate for, and service victims of domestic violence.”

The law is having an impact around the state, according to advocates.

“We’re seeing positive results from the new law that have enhanced victim safety,” said Daniel Cargill, a representative of the Coalition Against Domestic Violence. “This new common-sense measure has given police officers the tools and discretion they need to keep survivors safe while avoiding unnecessary dual arrests.”

For anyone in need of domestic violence services, the YWCA Greenwich operates a hotline available 24 hours per day at 203-622-0003.