When law enforcement officers respond to a domestic violence call, they are often faced with making difficult decisions in a matter of minutes. One of the most critical decisions is determining who the predominant aggressor is—the person primarily responsible for the violence. While this determination is intended to protect victims and hold offenders accountable, mistakes can occur, leaving some survivors of domestic violence wrongly identified as the aggressor.

Across the country, victim advocates continue to report cases where survivors who acted in self-defense, attempted to protect their children, or fought back after enduring years of abuse find themselves in handcuffs instead of receiving assistance.

The predominant aggressor is not simply the person who threw the last punch or caused the most visible injury. Instead, officers are encouraged to examine the totality of the circumstances, including:

• The history of violence between the parties.
• The severity of injuries.
• Evidence of self-defense.
• Witness statements.
• Threats or coercive behavior.
• The likelihood of future harm.

Domestic violence experts stress that determining the predominant aggressor requires looking beyond what happened in the final moments before officers arrived.

Survivors often fight back as a last resort. In many abusive relationships, the victim may defend themselves after enduring repeated assaults, strangulation attempts, threats with weapons, or years of emotional and psychological abuse.

Other factors that may contribute to an incorrect arrest include:

• The abusive partner making the first 911 call.
• The survivor appearing angry, emotional, or uncooperative after a traumatic event.
• Visible injuries on the abusive partner resulting from the survivor’s attempt to escape.
• Lack of witnesses.
• Misunderstanding the dynamics of coercive control.
• Gender stereotypes or assumptions about who can be a victim.

Trauma can also affect how survivors communicate. Some may struggle to answer questions, appear detached, or provide inconsistent details due to fear or shock, which can be misinterpreted as dishonesty.

When a survivor is labeled as the predominant aggressor, the consequences can be devastating.

They may face:

• Criminal charges.
• Protective orders issued against them.
• Loss of custody or visitation with their children.
• Housing instability.
• Employment consequences.
• Difficulty obtaining future protective orders.
• Increased danger when the abusive partner uses the arrest to continue manipulation and control.

Advocates warn that some abusers intentionally manipulate the criminal justice system by portraying themselves as the victim—a tactic commonly referred to as DARVO (Deny, Attack, and Reverse Victim and Offender). By shifting blame, abusive partners may avoid accountability while increasing the survivor’s isolation.

Many states, including Louisiana, emphasize training law enforcement officers to identify the predominant aggressor rather than making dual arrests or relying solely on visible injuries.

Quality domestic violence investigations include:

• Interviewing each party separately.
• Documenting injuries on both individuals.
• Asking about prior incidents of violence.
• Looking for signs of coercive control and intimidation.
• Assessing whether force was used in self-defense.
• Consulting evidence beyond verbal statements, including witness accounts, photographs, damaged property, and prior reports.

Advocates say ongoing education in trauma-informed interviewing and domestic violence dynamics helps reduce wrongful arrests and increases victim safety.

Predominant aggressor determinations affect more than criminal cases—they can influence family court decisions, access to victim services, and long-term safety planning.

Community partners, including law enforcement, prosecutors, judges, healthcare providers, and domestic violence advocates, all play an important role in ensuring survivors are recognized as victims rather than offenders.

As awareness grows about coercive control and the complex realities of abusive relationships, many agencies continue working to improve investigations and strengthen collaboration between law enforcement and victim service organizations.

Domestic violence cases are rarely straightforward. A survivor defending themselves should not automatically be viewed as the person responsible for the violence.

Accurately identifying the predominant aggressor requires careful investigation, knowledge of domestic violence dynamics, and an understanding that abuse is often about power and control—not simply who inflicted the last injury.

For survivors, being believed and correctly identified can mean the difference between finding safety and becoming further trapped in the cycle of abuse. By continuing to educate professionals and the public, communities can help ensure that those seeking protection are treated with fairness, dignity, and the support they deserve.

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