4 Considerations When Identifying the Primary Physical Aggressor

The most critical duty of a law enforcer in a mutual battery case is that he has to identify the PPA (Primary Physical Aggressor). There are various factors to consider when determining the PPA. (Source: NRS 171.137)

We will further discuss such factors for you to understand how law enforcers identify the PPA. We will use a sample domestic violence scenario from Battered Women’s Justice Project to explain every factor.

The Sample Scenario:

The police officer went to a home as a response to a call regarding domestic violence. The woman (wife) with swollen face and a black eye is in a confused state. According to her, she was punched by her husband on the head for about 10 times. But, the husband has a few scratches on the face – some are still bleeding.

According to both of them, the wife scratched her husband’s face first because he called her a “stupid bitch.” Subsequently, the husband punched her “a few times” after she scratched his face. The wife confessed that her husband punched her a few times in the past 5 years. But she already got tired of just taking his abusive actions.

Note: The couple is new to the place and the police haven’t visited their home before.

The Factors:

1.    Previous domestic violence involving either person

In the sample scenario, there is a history of abuse. However, no prior domestic violence calls were made. Hence, the law enforcer should make a “judgment call” regarding the authenticity of her statement.

2.    The relative severity of the injuries inflicted upon the persons involved

Both parties have inflicted injuries to each other. The husband has bleeding scratches on his face while the wife has swollen face and black eye. There may be potential hidden injuries as the wife stated that she was punched on the head. Therefore, the law enforcers should conduct further assessments to know the full extent of the wife’s injuries.  Aside from these, the confused state of the wife should also be considered. In general, the wife obviously has more severe injuries than the husband.

3.    Potential for future injury

As per the statements and visible evidences gathered during the incident, the woman is more prone to future injury than the husband. 

4.    Whether one of the alleged batteries was committed in self-defense.

In the sample scenario, neither of the parties acted in self-defense.

The Conclusion:

All things considered, the husband turns out to be the PPA in the sample scenario. He will be arrested.