If you face a domestic violence (DV) case in Missouri, you may hear the term “primary aggressor.” When police respond to a DV call, they must decide who is most responsible for the violence. This term is very important when both people blame each other or both have injuries.
Knowing how the “primary aggressor” rule works is essential for anyone navigating the Missouri legal system.
What is the “primary aggressor” rule?
In Missouri DV investigations, officers try to identify the person they believe is the primary aggressor. In general, this is the person they think started the violence or used more serious force. Even if both people used physical force, police may still decide that one person is the primary aggressor.
Missouri law (specifically RSMo § 455.085) discourages police officers from making “dual arrests” (arresting both parties). This used to occur when police discovered that both people in a physical altercation had sustained injuries. Now, state law requires officers to determine which person was the “primary physical aggressor” and arrest only that individual.
Determining the “primary aggressor”
Police do not always base their decision on who started the incident. Instead, state law tells officers to look at the whole situation. Officers check these factors to decide who to arrest:
- Who may have caused the most serious injuries
- Whether either of you has a prior history of domestic violence
- Whether either of you shows genuine fear of the other
- The presence of witness statements and prior reports of DV
- Whether self-defense is a factor
In Missouri, injuries are not the only deciding factor in arrests. For example, a police officer may consider whether you or another party caused an injury while trying to escape.
Why the rule matters
If police label you as the primary aggressor, it may lead to immediate and long-term consequences for you. You may see your primary aggressor determination used as evidence in hearings for an Order of Protection against you. You will likely face charges ranging from a misdemeanor to a felony depending on the severity of the incident.
The primary aggressor rule relies heavily on a responding officer’s subjective judgment at the scene. Mistakes are common in high-stress situations like domestic violence arrests. As someone labeled as a primary aggressor, it is vital to seek legal counsel when facing DV charges. Challenging incorrect determinations requires in-depth knowledge of legal processes and strategies.