Pursuant to Chapter 5 of the Code of Criminal Procedure, is it ever okay for a law enforcement officer to say "You can either leave the house or you can go to jail." Does it matter if the alleged victim is an adult or a child?

My understanding is if there is probable cause to make an arrest for family violence, an arrest has to be made, especially if the alleged victim is a child.

The only "shall arrest" under CCP 14.03 is for violation of a protective order, if the offense is committed in the presence of the peace officer. An agency's policy however could limit an officer's discretion.

It is urban legend in the law enforcement community that an arrest is *required* in anything other than an on-view VPO, sometimes people just don't need to go to jail.

Having said that, a report *IS* required, whether or not an arrest is made.

At face value separating participants when probable cause exists may sound unreasonable or even lazy but there are numerous times when this may be the best option. Particularly in cases when good people make poor choices due to various stressors in life. Family violence calls can be some of the most frustrating for officers because participants are often emotional beyond the point of reason. Each thinks the other is wrong and no one wants to concede fault. It's at this point when officers may use the threat of arrest to affect a separation to allow them to calm down, cool off and re-group. That being said, it is incumbent upon the officer to verify any pertinent history and ascertain any aggravating factors in deciding whether or not the threat of further violence will even allow such a separation.