Good point.
In MA, it looks like you can ask the police to file a complaint on your behalf, which I guess involves an arrest?, but they can decline. In which case you have to go to the clerk of court/ADA and file one yourself. It’s very confusing, but I don’t think that the police officer was wrong.
I have no idea what the domestic violence laws are in your state. It matters greatly if BY LAW they classify a group home as a residence or a care facility.
In general this is what happens with an assault.
With a simple (non-aggregated) assault if not witnessed by the officer the parties have an opurtunity to sign complaints with the court.
If it is domestic violence the officer MAY arrest if there are no signs of injury and MUST arrest if there is a sign of injury. This will vary from state to state.
If the patient was out of control aggressive they should have sent her to the hospital. It’s a medical condition not a legal matter.
Domestic violence laws can only be used in certain circumstances. I don’t know how the law or precedents in that state classify group homes. But what do you think would have been accomplished? Arrest on simple assault, summons, released back to the home.
Yeah, I guess it’s a really sticky situation. They can’t really turn her out onto the streets, and the police can’t detain her indefinitely.
Yes. I can’t imagine living in a place where people are arrested on the whim of another ordinary citizen like ordering chinese take-out. You can’t make a phone call and have the cops come and arrest someone on your say-so.
Here the police will respond to the call, but that’s about it. Unless you are actively pounding on someone or there is overwhelming evidence that you have battered or abused another person, you aren’t going to be arrested, and rightly so. If you want to file a complaint, nothing is stopping you. You can show up at the municipal court, fill out some easy paperwork, sign an affidavit and the person will have to answer the charge in court. They are mailed a summons with the charge and a date and time they must appear.
The more I think about it the more that makes sense. I can picture a really evil person taking advantage of that though. And I’m sure it happens.
Well in this case we are talking about a misdemeanor. If there are aggregating factors such as serious bodily injury then they will be arrested. If it a fist fight, come in to court at a later date and fight it out there.
I spoke to our domestic violence guru about the DV aspect of the case. He says here in NJ the prevailing thought is that those cohabitating in a group home would fall under the domestic violence laws. But it is not spelled out and there are no court precedents. So it is by no means settled law here. And of course it depends on the state laws where you are.
OP hasn’t really clarified just why this is a “home” but not a “business”? (Could not the place be both?) Are there any kind of supervisors or managers? Any staff? Any paid staff? Who is your friend the psychologist working for? Who pays him?
Also, the status of the residents is unclear. OP says they are mentally ill in one way or another, and unable to live independently. What is their legal status? Are they officially “incompetent”? Do they have guardians or conservators appointed to handle all their affairs and decisions? Does any resident even have a legal voice to make a complaint to the police or courts, or to answer to the police or courts for any complaint against them? Or can only their guardians or conservators speak for them?