My sister falsely accused my brother of hitting her and called police?

Cops aren’t judges.. They can be held accountable for not obeying police procedure.. At present the law on assault is too broad so guilty or innocent, because of the accusation the accused can be jailed for the judge to sort out.. That’s how our system works.. (keep the lawyers busy).

They can only arrest him, however, she puts herself in danger of filing a false report, which is a crime. The DA will likely see no merit in the case,—she will have no bruising, and there are plenty of witnesses to corroborate the fact he didn’t touch her. Then she might find herself in the cross hairs.

This is to be expected from a nation so mampy pamby they are afraid of the feminist right, left and middle. Instead of seeing all parties as equal in these affairs after the OJ trial any woman saying a man breath on her too hard might get busted.

Many police departments have a policy in effect that when a “domestic disturbance” is called in “there must be an arrest”. The feeling is, apparently, that “something” must have provoked a call to the police, so no matter how things look on the surface when they get to the location of the call (maybe he has forced her to say “it’s okay now, officer”, for example), they still follow department policy and make an arrest. “Better safe than sorry”, in other words.

That’s not to say that they have zero discretion in whom to arrest. Usually a domestic disturbance call will have two officers in response, so that they can separate the (usually just two) combatants, keep them apart and speak to them separately. If they also hear from dispassionate witnesses who credibly claim that “she’s lying”, they may very well arrest her on the spot instead of him. Just because “it’s usually the man hitting the woman” that’s the problem doesn’t mean that they’ve never seen the reverse, or simply false charges.

I had a friend who was a cop in LA County. He told me if they respond to a domestic disturbance and the women claims to have been abused, they have to arrest the man, even if he is lying unconscious on the floor and she is standing over him with a bloody base ball base and not a mark on her. He said no matter what, they always arrest the man even if they know it’s BS.

@CWOTUS is quite right, I believe with the domestic violence thing, but usually there are no witnesses to such things.

I think the ‘blame the man’ thing is over the top. I’ve known of cases where the neighbours have called, the cops show up and see what’s going on and the woman is so out of control, they take her away to settle down. One even ended up at the Psych Ward and put on a hold order. But, this was in the Midwest.

Like @Hypocrisy Central said.
What should happen, of course, is that the sister should be charged with wasting police time (or what ever the US equivalent is), and that COULD still happen, even if they arrest the brother and charge him. By charging him, the police then open a case that they need to prosecute and that takes time, resources of the police, judge, public defender..etc. (He would be brought to the police station and processed and could be released without bail… not even see a jail cell…) If the whole thing is shown to be a waste of time for the police, SHE can be charged. Someone should tell her that.

They will arrest him, on her word, but there will be hell for her to pay when the day comes and she’s accused of perjury.

He can be arrested, and spend the night in jail. When the judge hears the sister, he can have her charged with filing a false police report. Then, she can spend the night in jail.