Abstract
This Note examines the bases for establishing tort liability when a municipality falls to respond to domestic violence. Part One examines the scope of *the domestic violence problem in the United States. This section presents studies indicating that arrest is the most effective deterrent against recurring acts of violence. Regardless of its effectiveness however, the police generally do not arrest batterers. There are sociological reasons for this reluctance. Part Two outlines the policies behind traditional municipal immunity and the special relationship exception to the general no duty rule. Next, it compares two ways a battered woman can establish a duty to respond — either through the common law special relationship exception or based on a mandatory arrest statute. The final section addresses the impact of imposing a statutory duty. In this section, this Note concludes that a duty based on a mandatory arrest statute is justified to further the policies of domestic violence legislation.
How to Cite
34 Ariz. L. Rev. 355 (1992)
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