- Associated Press - Monday, March 28, 2016

BOZEMAN, Mont. (AP) - A Gallatin County prosecutor is appealing a Justice Court ruling that found Montana’s law on domestic violence arrests discriminates against men.

On March 18, Justice of the Peace Rick West dismissed a misdemeanor partner family member assault charge against a Big Sky man after the man’s attorney argued the state law is unconstitutional.

The law states that when officers respond to what may have been “mutual aggression,” the officer can evaluate the situation to determine the predominant aggressor. Criteria include prior history, severity of the injuries, the relative sizes and apparent strength of each person and their apparent fear of each other.

The Bozeman Daily Chronicle reports (https://bit.ly/1qbuTmu ) West agreed with attorney Al Avignone that the size and strength and fear issues predispose officers to arrest the man involved.

Justice Court does not set precedent and the law remains in place.

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Information from: Bozeman Daily Chronicle, https://www.bozemandailychronicle.com


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