968.075(1)(e)(e) “Predominant aggressor” means the most significant, but not necessarily the first, aggressor in a domestic abuse incident. 968.075(2)(2) Circumstances requiring arrest; presumption against certain arrests. 968.075(2)(a)(a) Notwithstanding s. 968.07 (1) and except as provided in pars. (am) and (b), a law enforcement officer shall arrest and take a person into custody if: 968.075(2)(a)1.1. The officer has reasonable grounds to believe that the person is committing or has committed domestic abuse and that the person’s actions constitute the commission of a crime; and 968.075(2)(a)2.a.a. The officer has a reasonable basis for believing that continued domestic abuse against the alleged victim is likely. 968.075(2)(ar)(ar) In order to protect victims from continuing domestic abuse, a law enforcement officer shall consider all of the following in identifying the predominant aggressor: 968.075(2)(ar)1.1. The history of domestic abuse between the parties, if it can be reasonably ascertained by the officer, and any information provided by witnesses regarding that history. 968.075(2)(ar)4.4. The extent to which each person present appears to fear any party. 968.075(2)(ar)5.5. Whether any party is threatening or has threatened future harm against another party or another family or household member. 968.075(2)(ar)6.6. Whether either party acted in self-defense or in defense of any other person under the circumstances described in s. 939.48. 968.075(2)(b)(b) If the officer’s reasonable grounds for belief under par. (a) 1. are based on a report of an alleged domestic abuse incident, the officer is required to make an arrest under par. (a) only if the report is received, within 28 days after the day the incident is alleged to have occurred, by the officer or the law enforcement agency that employs the officer. 968.075(2m)(2m) Immediate release prohibited. Unless s. 968.08 applies, a law enforcement officer may not release a person whose arrest was required under sub. (2) until the person posts bail under s. 969.07 or appears before a judge under s. 970.01 (1). 968.075(3)(a)(a) Each law enforcement agency shall develop, adopt, and implement written policies regarding procedures for domestic abuse incidents. The policies shall include, but not be limited to, the following: 968.075(3)(a)1.a.a. A statement emphasizing that in most circumstances, other than those under sub. (2), a law enforcement officer should arrest and take a person into custody if the officer has reasonable grounds to believe that the person is committing or has committed domestic abuse and that the person’s actions constitute the commission of a crime. 968.075(3)(a)1.c.c. A statement emphasizing that a law enforcement officer’s decision as to whether or not to arrest under this section may not be based on the consent of the victim to any subsequent prosecution or on the relationship of the parties. 968.075(3)(a)1.d.d. A statement emphasizing that a law enforcement officer’s decision not to arrest under this section may not be based solely upon the absence of visible indications of injury or impairment. 968.075(3)(a)1.e.e. A statement discouraging, but not prohibiting, the arrest of more than one party. 968.075(3)(a)1.f.f. A statement emphasizing that a law enforcement officer, in determining whether to arrest a party, should consider whether he or she acted in self-defense or in defense of another person. 968.075(3)(a)2.2. A procedure for the written report and referral required under sub. (4). 968.075(3)(a)3.3. A procedure for notifying the alleged victim of the incident of the provisions in sub. (5), the procedure for releasing the arrested person and the likelihood and probable time of the arrested person’s release.