Blogs from December, 2022

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When the police are called to the scene of an alleged domestic violence incident, it’s serious. Officers will be on high alert when trying to determine the facts and threat level of the situation. In some states, mandatory arrest laws guide police behavior during these stops. In California, is someone always arrested after a domestic violence call is made? Our team at Law Offices of Randy Collins explains how the police handle domestic violence calls and what happens if an arrest is made.

Domestic Violence in California

When people think of domestic violence, they often think of a physical confrontation between romantic partners. However, domestic violence is much more all encompassing. In California, domestic violence involves the threat of harm or harm done to a romantic partner, family member, child, or someone the aggressor has cohabitated with.

This broad definition means that many individuals may unexpectedly face domestic violence charges for what they perceive to be minor incidents.

What Happens After the Police Are Called

When the police are called to investigate a domestic dispute or incident, they will act quickly. Domestic violence is a serious offense that, in the most severe circumstances, can result in someone’s serious injury or death. Therefore, there is a sense of urgency involved with handling these situations.

When the police arrive on scene, they will likely separate the two parties involved in the incident. Then, they will conduct separate interviews to hear each party’s recollection of events and begin collecting evidence for what sparked the incident and what transpired. These notes will go on record. Then, based on the evidence at hand, the police may arrest one or both parties involved for their fault in the incident.

Is Someone Always Arrested?

Some states have mandatory arrest laws. This means that the police officer at the scene is required by law to make an arrest if they have probable cause to believe that domestic violence truly did occur. California is a mandatory arrest state for domestic violence.

Evidence that may lead the officer to make an arrest includes:

  • Visible injuries
  • Property damage
  • Confession
  • Alleged victim’s report of events
  • Eyewitness statements

The Point of Mandatory Arrest Laws

Domestic violence cases are complex and highly-emotional. Because of this, the alleged victim may lie and state they were in no danger or otherwise wish to change their initial report of threats or violence. However, mandatory arrest laws were created to ensure that the alleged victim is safe. While this is well-intentioned, this also means that many individuals face unwarranted domestic violence charges after incidents are exaggerated or falsely reported.

Domestic Violence Charges in California

In California, domestic violence is a wobbler offense. This means that the individual who is arrested and charged could face misdemeanor or felony charges for the crime depending on the severity of the offense.

If someone is facing domestic violence accusations, it’s crucial that they work with an experienced defense attorney. When facing this severe charge, it can feel like a hopeless battle. However, many individuals have proven their innocence or otherwise received a positive outcome after working on their defense with an experienced legal team. It’s also important that individuals facing these charges follow all legal requirements of a restraining order if there is one in place.

Law Offices of Randy Collins Can Help

Our team knows that many individuals facing domestic violence charges do not deserve to be subject to the harsh consequences of being labeled as a domestic abuser. Whether you are the victim of a false accusation, exaggerated circumstance, or wrongful arrest, our defense attorneys can help you fight your case. We’ll challenge the evidence against you and do everything in our power to achieve a positive outcome for your case, and ultimately your future. Reach us today at (844) 285-9559 to learn more about how we can help you during this difficult chapter of your life.