What Happens If You’re Accused of Domestic Violence in California?

Someone called the police. Maybe it was your partner after an argument got heated. Maybe it was a neighbor who heard yelling. Now officers are at your door, asking questions, and the situation is escalating fast.

Domestic violence accusations in California trigger an immediate and aggressive response from law enforcement and the courts. Even if your partner doesn’t want to press charges, the state will likely prosecute anyway.

Mandatory Arrest Policies for Domestic Violence Calls

Under California Penal Code § 836, officers must arrest someone if they have probable cause to believe domestic violence occurred, even if they didn’t witness it.

Probable cause can come from:

• Statements from the alleged victim
• Visible injuries (even minor ones)
• Property damage
• Witness statements
• Your own admissions

Officers don’t need much evidence to make an arrest. A complaint and minor redness on someone’s arm can be enough.

The Primary Aggressor Determination

When both parties claim the other was violent, officers must determine who was the “primary aggressor” under California Penal Code § 13701.

Factors police consider include:

• Who has prior domestic violence history
• Relative severity of injuries
• Who made threats
• Whether either party acted in self-defense
• Comparative sizes and physical capabilities

The primary aggressor gets arrested. The other person is treated as the victim, even if they also committed violence.

What Happens During the Arrest

Police will take you into custody immediately. You’ll be:

• Handcuffed and transported to the county jail
• Booked and photographed
• Held until arraignment (typically 48-72 hours)
• Unable to bail out immediately in some counties

Officers will also issue an Emergency Protective Order (EPO) on behalf of the alleged victim.

Emergency Protective Orders and No-Contact Requirements

EPOs are issued immediately by police at the scene and last 5-7 days. These orders typically prohibit you from:

• Contacting the alleged victim by any means
• Going near their home, workplace, or vehicle
• Coming within 100 yards of them
• Possessing firearms

Violating an EPO is a separate criminal charge under California Penal Code § 273.6, punishable by additional jail time.

At your arraignment, the court will likely issue a Criminal Protective Order (CPO) that remains in effect throughout your case and potentially for years after conviction.

Even if the alleged victim wants contact, you cannot legally communicate with them while protective orders are in place. Prosecutors use violations of protective orders to argue you’re dangerous and should face harsher penalties.

Your First Court Appearance

Your arraignment happens within 48 hours for misdemeanors or 72 hours for felonies (excluding weekends and holidays). This hearing determines your immediate future.

Charges You’ll Face

California domestic violence laws cover multiple offenses. Common charges include:

Corporal Injury to a Spouse (PC § 273.5)

Causing any physical injury, no matter how minor, to a current or former spouse, cohabitant, or dating partner. This is a felony or misdemeanor.

Domestic Battery (PC § 243(e)(1))

Using force or violence against an intimate partner, even without visible injury. This is typically a misdemeanor.

Criminal Threats (PC § 422)

Threatening to kill or seriously injure someone in a way that causes them to fear for their safety. This is a felony.

Violating a Protective Order (PC § 273.6)

Any contact with the protected person while an order is in effect, even if they initiate contact.

Bail Considerations

Judges take domestic violence cases seriously when setting bail. Factors that increase bail include:

• Prior domestic violence convictions
• Severity of alleged injuries
• Violations of prior protective orders
• Use of weapons
• Threats made against the victim

Your attorney can argue for lower bail or release on your own recognizance based on community ties, employment, and lack of flight risk.

How Prosecutors Handle Domestic Violence Cases

California prosecutors pursue domestic violence cases aggressively, even when alleged victims don’t want charges filed.

The Alleged Victim Cannot Drop Charges

Many people believe the victim controls whether charges proceed. This is false. Once police file a report, prosecutors decide whether to charge you. The alleged victim’s wishes are considered but not controlling.

Prosecutors can proceed using:

• Police reports and officer testimony
• Medical records documenting injuries
• Photographs of injuries or property damage
• 911 recordings
• Witness statements
• Prior incidents of domestic violence

Even if your partner recants or refuses to cooperate, the case can move forward.

Mandatory Conditions While Your Case Is Pending

Courts impose strict conditions on defendants in domestic violence cases:

• Complete a 52-week batterer’s intervention program
• Submit to random drug and alcohol testing
• Attend anger management classes
• Perform community service
• Pay victim restitution
• Wear a GPS monitor
• Surrender firearms immediately

Failing to comply with these conditions can result in bail being revoked and you being held in custody until trial.

Potential Penalties for Domestic Violence Convictions

Consequences for domestic violence convictions are severe and long-lasting. Penalties vary based on the specific charge and your criminal history.

Misdemeanor Domestic Violence

Convictions for misdemeanor domestic battery can result in:

• Up to one year in county jail
• Fines up to $2,000
• Three to five years of probation
• Mandatory completion of a 52-week batterer’s intervention program
• Community service
• Restitution to the victim

Felony Domestic Violence

Felony convictions under PC § 273.5 carry harsher penalties:

• Two, three, or four years in state prison
• Fines up to $6,000
• Formal probation with strict conditions
• Mandatory completion of batterer’s intervention program
• Loss of gun rights for life

Enhanced Penalties

Certain factors increase sentences:

• Prior domestic violence convictions within seven years
• Great bodily injury to the victim
• Use of a deadly weapon
• Strangulation or suffocation

Collateral Consequences Beyond Criminal Penalties

A domestic violence conviction creates problems that extend far beyond jail time and fines.

Loss of Firearm Rights

Under federal law, anyone convicted of a misdemeanor crime of domestic violence permanently loses the right to own or possess firearms. This applies even to police officers and military personnel.

California law imposes a 10-year firearm prohibition for misdemeanor domestic violence and a lifetime ban for felonies.

Immigration Consequences

Domestic violence convictions are considered crimes involving moral turpitude and crimes of violence under immigration law. This can result in:

• Deportation for non-citizens
• Denial of naturalization applications
• Inadmissibility for re-entry to the U.S.
• Denial of visa applications

Professional Licenses

Many professional licenses require disclosure of criminal convictions. Domestic violence convictions can affect:

• Teaching credentials
• Nursing licenses
• Law licenses
• Real estate licenses
• Commercial driver’s licenses

Child Custody and Visitation

Family courts presume that awarding custody to a parent with a domestic violence conviction is detrimental to the child under California Family Code § 3044. You’ll face an uphill battle maintaining custody or even unsupervised visitation.

Employment and Housing

Background checks reveal domestic violence convictions, making it harder to find employment or rent housing. Many employers and landlords automatically reject applicants with violence-related convictions.

What to Do If You’re Accused of Domestic Violence

Being accused of domestic violence requires immediate action to protect yourself and your future.

At The Nieves Law Firm, we’ve defended hundreds of clients against domestic violence charges. We know how to challenge false accusations, negotiate with prosecutors, and fight for dismissals or reduced charges.

Our team will investigate your case, gather evidence supporting your defense, and work to minimize the impact on your life, career, and family relationships.

Don’t wait to get representation. Contact us today at The Nieves Law Firm for a complimentary consultation.