What Happens After a Domestic Violence Arrest in California?
A domestic violence arrest in California can feel overwhelming and confusing, especially because the process moves quickly and often includes immediate restrictions on contact, housing, and firearm possession. Understanding what happens after an arrest is critical to protecting your rights and avoiding additional charges.
This article explains the process after a domestic violence arrest in California, including booking, protective orders, court appearances, and what to expect moving forward.
Arrest and Booking
After a domestic violence allegation, law enforcement may make an arrest even if:
- The alleged victim does not want to press charges
- There are no visible injuries
- The incident involved a verbal dispute that escalated
Once arrested, the accused is typically:
- Transported to a local jail
- Fingerprinted and photographed
- Booked on the alleged charge(s)
In many cases, officers are required to make an arrest if they believe domestic violence occurred, regardless of the alleged victim’s wishes.
Bail, Release, or Custody Hold
After booking, one of the following usually occurs:
- Release on bail
- Release on own recognizance (OR)
- Continued custody pending arraignment
Domestic violence cases may involve bail enhancements, especially if:
- There are prior DV arrests or convictions
- Injuries are alleged
- A protective order is issued at the time of arrest
Emergency and Criminal Protective Orders
Protective orders are common in domestic violence cases and can be issued immediately after arrest.
Common Types of Orders:
- Emergency Protective Order (EPO): Issued by a judge, often at the request of law enforcement
- Criminal Protective Order (CPO): Issued by the criminal court at arraignment
These orders may:
- Prohibit contact with the alleged victim
- Require the accused to move out of a shared residence
- Restrict firearm possession
- Limit communication, even through third parties
Important: Violating a protective order is a separate criminal offense, even if the alleged victim initiates contact.
Arraignment (Usually Within 48 Hours)
Arraignment typically occurs within 48 hours of arrest, excluding weekends and holidays.
At arraignment:
- Formal charges are read
- Bail conditions are reviewed
- Protective orders are addressed
- Future court dates are scheduled
In many misdemeanor domestic violence cases, a criminal defense attorney may be able to appear on behalf of the client at arraignment. Felony cases usually require the defendant’s personal appearance.
The District Attorney Files Charges
Domestic violence charges are filed by the District Attorney, not the alleged victim.
The prosecutor may file charges even if:
- The alleged victim recants
- The alleged victim refuses to testify
- There are no witnesses
Prosecutors often rely on:
- Police reports
- Body camera footage
- Photographs
- 911 calls
- Medical records
- Prior statements
Pretrial Process and Evidence Review
After charges are filed, the case enters the pretrial phase. This may include:
- Discovery review
- Motions to suppress evidence
- Negotiations with the prosecution
- Court hearings and conferences
An experienced criminal defense attorney will review the evidence for inconsistencies, credibility issues, and constitutional violations.
Case Resolution Options
Domestic violence cases may resolve through:
- Dismissal
- Reduction of charges
- Diversion or alternative sentencing (when available)
- Trial
The outcome depends on:
- The specific charge
- Evidence strength
- Prior criminal history
- Compliance with court orders
Why Early Legal Representation Matters
What happens immediately after a domestic violence arrest can significantly affect the entire case. Statements made to police, compliance with protective orders, and early court decisions all play a role in the final outcome.
Early legal guidance can help:
- Protect your constitutional rights
- Address protective orders appropriately
- Avoid additional criminal charges
- Develop a defense strategy tailored to your case
Frequently Asked Questions
What happens immediately after a domestic violence arrest in California?
After a domestic violence arrest, the accused is booked into jail, may be held or released on bail, and is often subject to an emergency or criminal protective order.
Can I contact the alleged victim after a domestic violence arrest?
No. If a protective order is issued, any contact — even text messages or indirect communication — may result in new criminal charges.
Do I have to go to court after a domestic violence arrest?
Most cases require court appearances. In some misdemeanor cases, an attorney can appear on your behalf for certain hearings, while felony cases usually require personal attendance.
Can charges be dropped after a domestic violence arrest?
Only the District Attorney has the authority to drop charges. The alleged victim cannot dismiss the case.
Final Thoughts
A domestic violence arrest in California triggers immediate legal consequences that can affect your freedom, housing, and future. Understanding the process — and taking the right steps early — is essential to protecting your rights and avoiding additional charges.
If you or a loved one is facing a domestic violence arrest, early legal guidance can make a meaningful difference in how the case is handled and resolved.
Written by: Kirk Tarman, Criminal Defense Attorney
Reviewed by: The Law Offices of Kirk Tarman & Associates
Serving: Rancho Cucamonga, San Bernardino, Riverside, Los Angeles, and Orange County