25-10-35.   Arrest of spouse for abuse--Considerations. If the officer has probable cause to believe that spouses, former spouses, or other persons who reside together or formerly resided together have assaulted each other, the officer is not required to arrest both persons. The officer shall arrest the person whom the officer believes to be the predominant physical aggressor. In making this determination, the officer shall make every reasonable effort to consider:

             (1)      The intent to protect victims of domestic abuse under this chapter;

             (2)      The comparative extent of injuries inflicted or serious threats creating fear of physical injury; and

             (3)      The history of domestic abuse between the persons involved.

Source: SL 1989, ch 207, § 2; SDCL § 23A-3-2.2; SL 2002, ch 19, § 1; SL 2003, ch 147, § 1.

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