Guam § 30 - Powers and Duties of Peace Officers to Arrest for Crimes Involving Family Violence;

§ 30. Powers and Duties of Peace Officers to Arrest for Crimes Involving Family Violence;

Determination of Primary Aggressor; Required Report.

(a) If a peace officer has reasonable cause to believe that a person has committed a felony or

misdemeanor involving family violence, the peace officer shall presume that arresting and charging the

person is the appropriate response.

(b) If a peace officer receives complaints of family violence from two (2) or more opposing persons,

the officer shall evaluate each complaint separately to determine who was the primary aggressor. If the

officer determines that one (1) person was the primary aggressor, the officer need not arrest the other person

believed to have committed family violence but the peace officer shall document to the best of his or her

ability the evidence concerning the actions of each participant in the incident.

(c) In determining whether a person is the primary aggressor the officer shall consider:

(1) Prior complaints of family violence;

(2) The relative severity of the injuries inflicted on each person;

(3) The likelihood of future injury to each person;

(4) Whether one of the persons acted in self-defense;

(5) The use or threatened use of a weapon; and

(6) The use or threatened use of physical force.

(d) A peace officer shall not:

(1) Threaten, suggest, or otherwise indicate the possible arrest of all parties to discourage requests

for intervention by peace officers by any party; or,

(2) Base the decision to arrest or not to arrest on:

(A) The specific consent or request of the victim; or,

(B) The officer’s perception of the willingness of a victim of or witness to the family

violence to testify or otherwise participate in a judicial proceeding.

(e) In addition to any other report required, a peace officer who does not make an arrest after

investigating a complaint of family violence or who arrests two (2) or more persons for a crime involving

family violence must submit a written report setting forth the grounds for not arresting or for arresting both

parties.

2013 NOTE: Numbers and/or letters were altered in subsection (d)(2) to adhere to the Compiler’s alpha-numeric

scheme in accordance to 1 GCA § 1606.