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legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 8950
Experience:  Just Answer consultant at Self employed
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Last night my boyfriend and I were arguing and I called the

Customer Question

Last night my boyfriend and I were arguing and I called the police because he would not return a phone that was mine before he was going to leave. The police showed up, didn't do anything because they can't, took down our Driver's License information, but that was all they did. Will this go on my boyfriend's record? How will this impact him? I realize now it was a stupid reason for calling the police, there was no violence or anything, just arguing.
JA: Since laws vary from place to place, what state is this in? And when did this happen?
Customer: Minnesota, this happened last night
JA: Has anything been filed or reported?
Customer: Not that I know of - the officer didn't take any statements
JA: Anything else you want the lawyer to know before I connect you?
Customer: not that I can think of
Submitted: 4 months ago.
Category: Legal
Expert:  legalgems replied 4 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 4 months ago.

Thank you; so in Minnesota an officer cannot issue a citation in lieu of arrest for domestic violence pursuant to the following statute:

https://www.revisor.mn.gov/statutes/?id=629.72

The officer need not personally witness the alleged domestic violence in order to make an arrest pursuant to the following statute:

https://www.revisor.leg.state.mn.us/statutes/?id=629.34

If the officer has probable cause to support a belief that domestic violence occurred, the officer must make an arrest and take the defendant into custody pursuant to the following statute:

https://www.revisor.mn.gov/statutes/?id=518b.01

As such, if no arrest was made, the officer felt that the required probable cause was not present and thus likely attempted to ensure the situation was safe, and did not therefore have the need to make an arrest, meaning that there would be no arrest.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Customer: replied 4 months ago.
I know there was no arrest, but my question is will this go on my boyfriend's record that there was a domestic call in or not since there was no arrest?
Expert:  legalgems replied 4 months ago.

No, only an arrest or a conviction goes on one's record; the fact that there was a domestic call will not go on one's record.

Customer: replied 4 months ago.
will this be on any type of public record? That I called in?
Expert:  legalgems replied 4 months ago.

It may be on the police log (ie in newspapers) but not on official public records.