A heated argument turns physical. Someone calls 911, and police officers arrive within minutes. What happens next can dramatically affect your life. If you're facing allegations in Virginia, working with a Chesapeake domestic violence defense attorney who understands law enforcement protocols can make a critical difference.
Virginia law enforcement agencies follow standardized investigative procedures when responding to domestic violence calls. Whether you encounter Virginia State Police or the Chesapeake Police Department, the response framework is consistent under the Department of Criminal Justice Services (DCJS) model policy.
What Do Police Do When They Arrive at the Scene?
Police immediately separate the people involved before anyone explains what happened. Officers separate disputants so parties can't coordinate stories or influence statements. Virginia's domestic violence investigative checklist recommends "sight and sound separation." One person might stay in the living room while another goes to the bedroom with a different officer.
If English isn't your primary language, officers obtain an interpreter. Virginia's protocol prohibits using children, family members, or friends as interpreters because these people have their own stake in the outcome. If no in-person interpreter is available, officers use over-the-phone interpretation services.
Officers determine whether children or other adults witnessed the incident. Anyone present becomes a potential witness and gets separated for individual interviews.
What Questions Do Law Enforcement Officers Ask?
Once the scene is secure, police officers begin detailed interviews to gather information before determining whether an arrest is appropriate.
- Initial description. Officers ask each person to describe what happened without interruption. This is your opportunity to give a complete account from your perspective.
- Relationship confirmation. Officers confirm the relationship between parties because Virginia's domestic violence laws apply specifically to "family or household members" as defined in Virginia Code § 16.1-228.
- Protective order check. Officers also check for any active protective order and, if needed, serve it on the respondent.
Once they’ve collected basic information, police officers ask more detailed follow-up questions about:
- Injuries and weapons. Who caused injuries, and what objects were used? Officers specifically look for strangulation indicators like difficulty breathing, redness or bruising on the neck, and changes in voice.
- Threats made. Were threats made against anyone, including children or pets?
- Risk factors. Is there firearm access, recent job loss, stalking behavior, or child custody disputes?
- Property damage. What items were damaged or destroyed?
Officers separately interview all witnesses, including children. They document names and contact information for everyone present.
How Do Officers Decide Who Gets Arrested?
Virginia police officers can make warrantless arrests in domestic violence cases when an arrest is based on probable cause and personal observation, witness complaint, or personal investigation.
When both parties claim the other was the aggressor, officers must determine the "predominant physical aggressor." Virginia's protocol strongly discourages dual arrests where both parties are charged. Officers should identify one primary aggressor rather than arresting everyone involved.
To decide this, officers evaluate several factors:
- First contact. Who made the first physical contact?
- Injury severity. Who inflicted more serious injuries?
- Self-defense. Who was defending themselves?
- Witness accounts. What do witnesses say about who started the violence?
What Happens If No One Is Arrested?
Not every call results in an arrest. When police don't arrest anyone, they must still complete an incident report documenting the special circumstances that dictated this decision.
Officers must seek an emergency protective order (EPO) if they have probable cause to believe a danger of family abuse exists. An EPO can prohibit contact, grant exclusive possession of a shared home to one party, prevent someone from being at specific locations, and grant temporary possession of a companion animal. The EPO remains effective for 72 hours after being served.
What Evidence Do Officers Collect?
Virginia's standard domestic violence response protocol requires specific documentation and evidence collection:
- Photographs. Officers take pictures of injuries to all parties and the crime scene before collecting any other evidence.
- Physical evidence. Officers collect objects used to cause harm, broken items, torn or bloody clothing, and damaged phones.
- 911 recordings. The call recording gets preserved if available.
- Written documentation. Officers document statements, visible injuries, strangulation indicators, and risk factors.
Officers must also evaluate whether the incident triggers mandatory reporting requirements for suspected child abuse, elder abuse (adults age 60 or older), or abuse of incapacitated adults.
What Information Must Officers Provide to Alleged Victims?
Virginia law requires police officers to provide specific information to alleged victims of domestic violence:
- Domestic violence program information. Officers provide contact information for local programs offering shelter, counseling, and legal advocacy.
- Crime victims' rights. Police give written information about rights to attend court proceedings and receive restitution.
- Transportation assistance. Upon request, officers must transport victims to hospitals, safe shelters, or to see a magistrate.
What Should You Do If Police Are Investigating You?
If you're being investigated as the alleged aggressor in a domestic violence incident, your response affects your case outcome.
- Exercise your right to remain silent. You have a constitutional right against self-incrimination. Anything you say gets documented and can be used against you.
- Don't interfere with the investigation. You don't have to answer questions, but you must allow officers to do their job.
- Document your injuries. If you have injuries, insist that officers photograph them. Visible injuries support self-defense claims. Request follow-up photographs within a few days if bruising develops.
- Contact an attorney immediately. Before giving detailed statements, speak with a Chesapeake criminal defense attorney who handles domestic violence cases.
Virginia's domestic violence protocols exist to ensure fair, thorough investigations. When law enforcement officers shortcut the process or skip required steps, your attorney can challenge the reliability of their conclusions. The stakes are too high to face these charges without experienced legal representation.