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Being arrested for domestic violence can be an overwhelming, scary, and confusing experience. California has strict laws about domestic violence (DV). DV charges can lead to jail time, fines, and a longstanding criminal record that can impact your personal and professional life for years to come. Understanding the legal process is crucial to protecting your rights and future.
This guide will walk you through what happens when someone gets arrested for domestic violence, the consequences, and the importance of securing legal representation.
Immediate DV Arrest and Booking
In California, law enforcement takes domestic violence allegations very seriously. When law enforcement responds to a domestic dispute, they assess the scene and speak with all parties and witnesses. If they find probable cause, they must make a DV arrest, even if the alleged victim doesn’t want to press charges.
Once the police arrest you, they transport you to the jail for booking, which involves:
- Fingerprinting and photographs;
- Recording personal details and charges; and
- Placing you in a holding cell.
Depending on the circumstances, you may be released on bail or held until a court appearance.
Arraignment and Initial Court Hearing
After a DV arrest, the next step is the arraignment. If you are still in jail, the arraignment will happen within the first 48 hours of your arrest while you are in jail. If law enforcement releases you on bail or on your own recognizance, your arraignment will be scheduled in the days or weeks after the arrest, depending on the court schedule. Please remember, if you are released on bail or on your own recognizance, compliance with all court orders is essential. Violating these orders can lead to additional charges and complications.
The arraignment is the first formal court hearing where you are informed of the charges against you. The main elements of arraignment include:
- The opportunity for the defense to challenge bail or the conditions of release (if you are still in jail),
- A preliminary discussion of protective orders that can limit contact with the alleged victim, and
- The judge will also ask you to enter a plea of guilty, not guilty, or no contest.
At this very early stage of the criminal process, your attorney has likely not even received all of the discovery for your case yet. Therefore, most people enter a plea of not guilty at this time.
Potential Consequences of a Domestic Violence Conviction: Criminal Penalties
DV charges can be for misdemeanors or felonies, depending on the severity of the case. Penalties may include:
- Misdemeanor charges. Misdemeanors can result in up to one year in county jail, fines, or probation.
- Felony charges. As per California Penal Code § 273.5, a felony conviction can lead to up to four years in state prison and fines of up to $6,000. Penalties may be higher and longer if you have a prior criminal conviction.
- Restraining Orders. Courts often issue protective orders prohibiting contact with the alleged victim. Such orders can significantly restrict and negatively impact family dynamics and living arrangements.
Long-lasting impacts may also include employment difficulties due to a criminal record, loss of child custody rights, challenges in family court cases, or restrictions on firearm ownership under federal law.
Building a Strong Defense
Being arrested doesn’t mean you’re guilty. There are many defenses that an experienced attorney can use to challenge the allegations.
- False accusations—domestic disputes or lingering anger can sometimes lead to exaggerated or untruthful claims;
- Self-defense—showing that actions taken were to protect oneself or others; or
- Lack of evidence—prosecutors must prove their case beyond a reasonable doubt, and insufficient evidence can lead to the dropping or dismissal of charges.
An attorney specializing in domestic violence cases can review the details of your case, protect your rights, and advocate for the best possible outcome.
Why Legal Representation Is Essential
Your rights matter at every stage of the criminal process. Navigating the legal system after being arrested for domestic violence can be daunting, as there are many laws and nuances involved. An experienced criminal defense attorney provides critical support by:
- Guiding you through police questioning;
- Guiding you through and representing you at all court hearings;
- Filing and arguing motions of suppress evidence and other pretrial motions;
- Negotiating with prosecutors to emphasize holes in the case with an eye to reducing the charges or seeking alternative sentencing; and
- Building a tailored defense strategy.
The sooner you consult an attorney, the better your chances of minimizing the impact on your life and future.
Why Gregory Comings Is the Right Lawyer for Your Domestic Violence Case
If you or someone you know is facing a domestic violence arrest or charge in California, it’s important to act quickly. Understanding what happens when someone gets arrested for domestic violence and taking proactive steps to secure a strong defense can make all the difference.
Gregory Comings has over 20 years of experience as a criminal defense attorney handling domestic violence cases. He knows how to navigate the challenges of these sensitive cases and will provide you with the dedicated, professional support you need during this difficult time.
Gregory prides himself on using clear communication and transparency with his clients. He takes the time to explain your legal options and to develop a defense strategy tailored to your unique circumstances. Whether you’re facing misdemeanor charges or more severe felony accusations, Gregory’s extensive experience in criminal law and his focus on trial readiness ensure you will have the best possible representation every step of the way. He provides compassionate guidance to clients throughout the legal process, always working to minimize the long-term consequences of a DV arrest.
Contact Gregory Comings today to learn more about how he can help you fight for the best outcome in your case.
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