(1) a peace officer may issue a criminal citation to a person if they have PC to believe that they had committed a misdemeanor or any felony subject to misdemeanor treatment per 161.705. The officer will deliver a copy of the criminal citation to the person. The criminal citation will require appearance before the magistrate's court where the person would have been taken if they had been arrested per return of arrest warrant.

(2)(a) regardless of (1) when responding to a domestic disturbance & having PC that an assault has occurred between family members or household members, or that one such person placed the other in fear of imminent serious physical injury, a peace officer will arrest & take into custody the alleged or potential assailant.

(b) when a peace officer makes an arrest under (a), they're not required to arrest both persons

(c) when a peace officer makes an arrest under (a), they will make every effort to determine who the assailant or potential assailant was by considering, among other factors:

(A) the comparative extent of the injuries inflicted or the seriousness of threats creating a fear of physical injury

(B) if reasonably discoverable, the history of domestic violence between the persons involved

(C) whether any alleged crime was committed in self-defense AND

(D) the potential for future assaults.

(d) assault includes conduct constituting strangulation

(3) Whenever any peace officer has reason to believe that a family member or household member has been abused, or that an elderly person or a person with a disability has been abused, the officer will use all reasonable means to prevent further abuse, including advising each person of the availability of a shelter or other services in the community & giving each person immediate notice of the legal rights and remedies available. the notice shall consist of handing each person a copy of the following statement:

IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE OR ABUSE, you can ask the district attorney to file a criminal complaint. You also have the right to go to the circuit court and file a petition requesting any of the following orders for relief: (a) An order restraining your attacker from abusing you; (b) an order directing your attacker to leave your household; (c) an order preventing your attacker from entering your residence, school, business or place of employment; (d) an order awarding you or the other parent custody of or parenting time with a minor child or children; (e) an order restraining your attacker from molesting or interfering with minor children in your custody; (f) an order awarding you other relief the court considers necessary to provide for your or your children's safety, including emergency monetary assistance. Such orders are enforceable in every state.

You may also request an order awarding support for minor children in your care or for your support if the other party has a legal obligation to support you or your children.

You also have the right to sue for losses suffered as a result of the abuse, including medical and moving expenses, loss of earnings or support, and other out-of-pocket expenses for injuries sustained and damage to your property. This can be done without an attorney in the small claims department of a court if the total amount claimed is under $10,000.

Similar relief may also be available in tribal courts.

For further information you may contact: