Last Updated on January 24, 2025
We’ve previously discussed how a domestic violence charge can prevent someone from joining the armed forces and likely end any military career. When many people find this out, they assume the same would be true for police officers, but in practice, the effects of a domestic violence conviction are somewhat different for those in law enforcement. When it comes to whether someone convicted of domestic violence can become a cop or stay on the force, the answers are a bit more complex.
Someone Convicted of Domestic Violence Cannot Become a Cop
Those previously convicted of domestic violence cannot become police officers, plain and simple, as federal laws prohibit anyone convicted of domestic violence from possessing, transporting, or owning a firearm. Since firearm use is a necessary duty of a police officer, anyone accused of hitting or otherwise attacking their spouse, partner, ex, or anyone else they have been intimate with is automatically disqualified from being hired as a law enforcement officer.
Those accused of this crime should immediately contact a domestic violence defense attorney, especially if they aspire to join the military or a police force.
But What About Abusers Who Are Already Police Officers?
Lines become a bit more blurred when someone accused of domestic violence already became a cop in the past. While anyone convicted of domestic violence is supposed to be removed from the force (though, in reality, many end up keeping their jobs), what happens to those accused of the crime is less clear-cut.
When a restraining order is in place, the suspect will almost always be prohibited from possessing a gun, and police officers subject to such restrictions must be placed on administrative duty. As for abuse situations that do not involve restraining orders or where the judge allows the suspect to maintain his Second Amendment rights, the decision ultimately lies with the chief. While most departments err on the safe side and put those accused of domestic violence on desk duty, some departments still allow those facing domestic violence charges to remain on active duty.
Domestic Violence Among Police Officers
The issue of domestic violence in the law enforcement industry becomes even more complex when you consider some of the many studies on the frequency of such incidences in police officer relationships. In fact, two different studies have found that over 40% of police have abused their partners and that domestic violence is 2-4 times more common in families with a police officer than in the average American home.
These studies have found that victims are less likely to report the violence because they know their partner’s co-workers and friends will be the ones sent to respond to the incidents. When incidents are reported, arrests are rarely made immediately, even though this is almost always the process when a civilian is accused of the same crime. In other words, few cops end up facing charges for domestic violence, so few will lose their badges as a result of a conviction.
San Diego is not immune to this issue, and many members of the SDPD have been arrested for domestic violence. In one notable case, a female member of the SDPD accused the department of covering up the abuse she received from her Sergeant husband.
Police Accused of Domestic Violence Need Defense Lawyers Too
That being said, if you’re a cop who has been accused of domestic violence, you absolutely need to work with a lawyer as soon as possible. That’s because when these cases are brought before the courts, the prosecutor may attempt to use these types of statistics to strengthen their case. Because being convicted of domestic violence will cause you to lose your place on the force, it’s important to do whatever you can to fight the charges, which may include pleading guilty to a lesser charge.
If you are facing domestic violence charges and want to become a cop or already are on the police force, you should call an attorney as soon as possible to help you fight the charges. You can schedule a free initial consultation with Peter M. Liss by calling (760) 643-4050 to schedule a free initial consultation.
