Circumstances requiring arrest; presumption against certain arrests. 968.075(2)(a)
Notwithstanding s. 968.07 (1)
and except as provided in pars. (am)
, a law enforcement officer shall arrest and take a person into custody if:
The officer has reasonable grounds to believe that the person is committing or has committed domestic abuse and that the person's actions constitute the commission of a crime; and
The officer has a reasonable basis for believing that continued domestic abuse against the alleged victim is likely.
In order to protect victims from continuing domestic abuse, a law enforcement officer shall consider all of the following in identifying the predominant aggressor:
The history of domestic abuse between the parties, if it can be reasonably ascertained by the officer, and any information provided by witnesses regarding that history.
The extent to which each person present appears to fear any party.
Whether any party is threatening or has threatened future harm against another party or another family or household member.
Whether either party acted in self-defense or in defense of any other person under the circumstances described in s. 939.48
If the officer's reasonable grounds for belief under par. (a) 1.
are based on a report of an alleged domestic abuse incident, the officer is required to make an arrest under par. (a)
only if the report is received, within 28 days after the day the incident is alleged to have occurred, by the officer or the law enforcement agency that employs the officer.