Running head: DOMESTIC VIOLENCE 1

Domestic Violence Incident: What Factors Are Considered To Determine The Primary Physical

Aggressor? And The Purpose Of A Protection Order?

Name

Institution
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Domestic Violence Incident: What Factors Are Considered To Determine The Primary Physical

Aggressor? And The Purpose Of A Protection Order?

Introduction

Domestic violence remains a problem in society despite efforts to contain it. For

example, in US, about 1 in 3 women and 1 in 4 men suffer from domestic violence. In any

domestic violence incident, there is the primary physical aggressor (Lyman, 2018). The question

is, who can be considered to be a primary physical aggressor? In this paper, the focus is on

factors that are considered to determine the primary physical aggressor and the purpose of a

protection order.

Factors That Are Considered To Determine the Primary Physical Aggressor

One of the factors considered to determine the primary physical aggressor is prior

complaints of domestic violence. If one has a history of domestic violence, then they are

considered to be the primary aggressor (Hirschel, Buzawa, Pattavina & Faggiani, 2007). This

information is normally used by arresting officers to make a decision on whether to arrest an

individual or not. However, there are cases where one does not have a history of domestic

violence. In such a case, the arresting officer has to make a judgmental call or consider other

factors.

Another factor that is considered is the severity of injuries inflicted on the victim. When

determining the primary physical aggressor, law enforcers also consider how severe the injuries

inflicted on the victim are (Hirschel, Buzawa, Pattavina & Faggiani, 2007). In some cases, both

partners injure each other. In such a case, a law enforcement officer examines both individuals
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and determines who has the more serious injuries. If, for instance, the wife has more serious

injuries, then it is concluded that the husband is the primary physical aggressor and vice versa.

The potential for future injury is also another factor that is considered when determining

the primary physical aggressor. Based on the evidence gathered, law enforcement officers

determine whether it is likely that the victim would suffer injury in future due to domestic

violence (Lyman, 2018). The evidence could be history of violence, demeanour of the aggressor,

and even severity of current injuries. For example, if the aggressor does not show remorse for

their actions, then it can be concluded that they are likely to abuse the victim in future. In such a

case, the law enforcement concludes that the identified individual is the primary physical

aggressor.

Lastly, whether one inflicted injury in self-defence is considered as a key factor when

determining the primary physical aggressor. In some cases, one may inflict injury because of

self-defence (Lyman, 2018). In determining whether this was the case or not, law enforcement

officers have to consider other pieces of evidence. For example, the enforcement officer can

consider the size of the victim to determine if actually the aggressor may have been acting in

self-defence.

Purpose of a Protection Order

The purpose of a protection order is to protect the victim against physical abuse. This

order sets a limit to the aggressor’s behaviour. For example, the order can indicate that the

aggressor has to keep a particular distance from the victim at all times (Hirschel, Buzawa,

Pattavina & Faggiani, 2007). The order may also bar the aggressor from visiting the home of the
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victim. The protection order is normally issued when the court determines that the victim is in

danger of being abused and as such they need to be protected.

Conclusion

Essentially, the factors that are considered when determining the primary physical

aggressor include prior history of domestic violence, the severity of injuries inflicted on the

victim, potential for future injury, and whether injury was inflicted in self-defence. The purpose

of the protection order is to protect the victim against physical abuse from the aggressor.
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References

Hirschel, D., Buzawa, E., Pattavina, A., & Faggiani, D. (2007). Domestic violence and

mandatory arrest laws: To what extent do they influence police arrest decisions. J. Crim.

L. & Criminology, 98, 255.

Lyman, M. D. (2018). Criminal investigation. Pearson.