The Arrest Process
When a domestic violence incident is reported, law enforcement officers are required to act fast. If they believe a crime was committed, they must usually arrest the primary aggressor on the spot, even if no one wants to press charges.
When Police Must Make an Arrest
In California, mandatory arrest laws apply in most domestic violence cases. If the police report shows signs of abuse, threats, or injury, they don’t have a choice. A person may be arrested based on probable cause, even without a witness or confession.
Common On-Scene Evidence Police Use
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Visible injuries – scratches, bruises, or swelling
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Broken objects – signs of a physical struggle
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Statements from the victim – claims of fear or violence
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Witness accounts – neighbors or household members
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Police officer observations – body language, tone, or signs of aggression
Taken Into Custody and Booked in Jail
Once the person arrested is taken into custody, they are fingerprinted, photographed, and held in jail. Bail may be set immediately, or the person may have to wait for a judge to review the case.
Jail and Bail Options
After being arrested for domestic violence, one of the first concerns is whether the person arrested will remain in jail or be allowed to go home. The decision depends on several factors, including the seriousness of the alleged domestic violence incident, the person’s criminal record, and whether the alleged victim is believed to be in danger.
California law gives the court power to set bail or release someone on their own promise to appear, also known as release on own recognizance.
Will You Be Held or Released?
In many domestic violence cases, the defendant is kept in custody at least until they see a judge at the arraignment. However, some may be released early if the offense is not considered a serious crime or if there is no history of violence.
The decision depends on the facts of the case, including whether there were injuries, threats, or prior criminal charges. If a judge believes the person might harm the alleged victim or skip court, they may decide to keep the defendant in jail.
How Bail Is Determined
Bail is the money someone must pay to be released from jail before trial. The judge looks at the nature of the domestic violence offense, how serious the injuries were, whether a deadly weapon was used, and the person’s criminal history.
For first-time misdemeanor charges, bail may be low or not required. But for felony cases or if the accused is believed to be a risk, bail may be set high, or denied entirely.
No-Contact Orders Upon Release
If the person arrested is allowed to leave jail, the court often places conditions on their release. One common condition is a no-contact order, which means the accused must not call, message, visit, or speak with the alleged victim.
These orders are strict and can apply even if the victim says they want contact. Breaking the order, even once, may lead to new criminal charges, more jail time, and even tougher penalties.
Arraignment – Your First Court Appearance
The arraignment is the first time the person arrested for a domestic violence offense appears before a judge in court. This step usually happens within a few days after the arrest. During this hearing, the court explains the criminal charges, asks for a plea, and may also decide whether the accused can be released and under what conditions.
Summit Defense Criminal Lawyers can help make sure you are prepared before this important step in the legal process.
What Happens at the Arraignment
At the arraignment, the judge formally reads the charges filed by the prosecutor, which may include misdemeanor or felony domestic violence charges depending on what occurred. The person arrested also learns about their rights and is asked whether they have a lawyer or need one appointed.
The court might also go over any reports, including the police report, which may list the alleged victim, any injuries, and statements made when the police officers arrived at the scene.
Entering a Plea Guilty
The defendant must then respond to the charges by entering a plea. They can plead guilty, not guilty, or no contest. Pleading guilty means admitting to the crime and moving straight to sentencing.
Many people choose to plead not guilty at first, especially when working with an experienced criminal defense lawyer, so they can review the evidence, challenge weak claims, and possibly get the case dismissed or reduced before trial.
Conditions of Release and Protective Orders
If the defendant is not kept in jail, the court often sets certain conditions for their release. These conditions may include not contacting the victim, staying away from the home, and not possessing any weapons.
The judge may also issue a protective order or no-contact order, which is meant to prevent more harm while the court case is ongoing. Violating these orders can result in more serious criminal consequences, including arrest and new charges.
Protective Orders and No-Contact Rules
Protective orders are meant to prevent further harm. They’re often issued right after arrest, even without a request from the alleged victim.
Automatic Stay-Away Orders in DV Cases
California law allows courts to issue automatic orders that require the accused to stay away from the victim and avoid all contact, by phone, text, or in person.
How Protective Orders Impact Living Arrangements and Custody
You may be forced to leave your home, even if you own it. You might also lose temporary access to your child until the order is lifted.
Violating Orders Can Lead to New Charges
If you break the terms of a protective order, even by accident, you can be charged again. These violations are serious and can bring jail time or new felony counts.
Pre-Trial Phase
This is the time to build your defense. With the help of a skilled lawyer, you can challenge weak evidence or even try to drop charges.
1. Investigation and Evidence Gathering: Your legal team will gather medical attention records, police reports, and witness statements. They may also hire experts to support your version of events.
2. Possible Plea Deals or Dismissal Discussions: The prosecutor may offer a deal to avoid trial. If the victim won’t testify or the evidence is weak, your lawyer may push to get charges dismissed.
3. Discovery and Defense Preparation: Both sides exchange information. Your attorney prepares to show what happened, present self-defense if needed, and argue for your side in court.
Trial
If the case goes to trial, a jury will hear the facts and decide guilt or innocence.
1. Jury Selection and Trial Process: The court picks jurors who will listen to the evidence. Each side makes its case and questions witnesses, including the police officer and victim.
2. Victim Testimony and Cross-Examination: If the alleged victim testifies, your lawyer can ask questions to test the story’s truth and reliability.
3. Verdict and Sentencing: If you’re found guilty, the judge decides the penalties. If not guilty, you are free to go.
Penalties You Could Face if Convicted
If you are convicted of a domestic violence offense, the penalties can affect your life in serious and lasting ways. The exact punishment will depend on the type of charges, the injuries involved, and whether you have a prior criminal record.
California courts take these cases seriously, and the consequences can go far beyond just spending time in jail. Summit Defense Criminal Lawyers works to help reduce or avoid these harsh results whenever possible.
Jail or Prison Time
A misdemeanor domestic violence conviction can lead to up to a year in county jail, while a felony conviction could result in several years in state prison, especially if the incident involved serious injury, use of a deadly weapon, or repeat offenses.
Even first-time offenders can be sentenced to jail time if the court believes the domestic violence incident was severe or posed a danger to the alleged victim or others in the household.
Fines and Mandatory Programs
In addition to jail or prison time, the court can order you to pay high fines, sometimes adding up to several thousand dollars. You may also be required to complete a 52-week domestic violence program, take anger management classes, or attend substance abuse treatment.
These programs are mandatory and must be completed within the time set by the judge, or you risk violating your probation and facing more penalties.
Probation, Restraining Orders, and Permanent Record
Instead of jail time, some people are placed on probation, but this still includes strict rules like regular check-ins, court-ordered classes, and no contact with the victim. A restraining order will likely remain in place for the length of the sentence and can impact where you live, your child custody rights, and even your job.
A domestic violence conviction will also go on your permanent criminal record, which can make it harder to pass background checks, get hired, or apply for housing in the future.
Long-Term Consequences After Arrest
Being arrested for domestic violence doesn’t just bring short-term stress. It can create lasting problems that affect your job, your rights, and even your family. These effects can continue even if you are not convicted.
Summit Defense Criminal Lawyers understands how these long-term consequences work and can help you plan a strong defense to protect your future.
Impact on Employment and Background Checks
A domestic violence arrest or conviction will show up on most background checks, which many employers review when hiring. Even if you are not convicted, the fact that you were charged can raise concerns about your character or stability.
Some jobs, especially those that involve working with children, the elderly, or in law enforcement, may be completely off-limits after a domestic violence incident. Others may fire you based on a criminal record, even without a felony conviction.
Effects on Gun Rights
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Loss of Gun Ownership Rights: A conviction for a domestic violence offense, even a misdemeanor, can lead to a lifetime ban on owning or possessing firearms under federal and state law.
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Court-Ordered Firearm Surrender: In most domestic violence cases, the judge will order you to give up any guns you own, even while the case is still pending.
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Impact on Work: If your job requires carrying a weapon (such as a law enforcement or security role) you may no longer be eligible to continue working in that position.
Child Custody and Immigration Issues
Courts take child custody seriously, and a domestic violence charge can make it harder to gain or keep custody. If you are in a custody battle, a judge may decide you’re a danger to your child or another household member, especially if a protective order was issued.
For non-citizens, a domestic violence conviction may lead to deportation or prevent you from adjusting your immigration status. Even a minor offense can bring major consequences in immigration court, especially if it is considered a crime of moral turpitude.
FAQs
If you’ve been arrested for domestic violence, you may be feeling overwhelmed, scared, and unsure of what comes next. The legal process is fast, and every decision you make can affect your future. A criminal case involving domestic violence charges can lead to serious consequences, including jail time, protective orders, and a permanent criminal record.
