What Happens After a Domestic Violence Arrest in California?

A domestic violence arrest can leave everyone involved unsure about what comes next. The legal process may involve jail, court hearings, protective orders, and serious criminal charges. Speaking with a San Jose domestic violence attorney early can help an accused person understand their rights and prepare a proper defense. California law also gives courts several ways to protect alleged victims while a case is pending.

The First Steps After an Arrest

After an arrest, the accused person may remain in custody or be released under certain conditions. The next major step is usually an arraignment. At this hearing, the judge explains the charges and the defendant's rights.

The court may also address bail and release conditions. Depending on the facts, the judge can allow release, set bail, or impose other conditions. Domestic violence allegations can affect these decisions because courts consider safety and other factors.

A Protective Order May Follow

The next issue to consider after arrest in a domestic violence case is whether a protective order is issued. The police can petition for an emergency protective order while the judge issues the criminal protective order after filing charges.

The protective orders can include the following stipulations:

• Stay away from the protected party

• No contact/communication

• Avoidance of specified places

• No threats/harassment/intimidation

• Compliance with firearms restrictions

An emergency protective order usually takes effect only for a short term. A criminal protective order is effective during the entire process of the criminal procedure. Violation of an active protective order will add further legal problems.

The Arraignment Process

The arraignment is a hearing at which the defendant becomes acquainted with the charge and pleads either guilty, not guilty, or no contest. One should consult a lawyer regarding his/her pleading before doing so, as the conviction may bring about more trouble than paying a fine or serving the jail term.

If the defendant pleads not guilty, the court usually sets further proceedings. There might be some differences in the course of misdemeanor and felony cases.

Building a Defense After Arrest

Being arrested for domestic violence doesn't always translate into being convicted of that crime. A defense procedure may require looking at the police report, photos, messages, medical documentation, witnesses' testimonies, and any other evidence that can be obtained.

It's also vital not to comment on the incident publicly and not to contact the person protected from you under an order if such an order is issued. Although the other party wishes to drop the issue, criminal proceedings have nothing to do with the complainant. 

Early consultation with a lawyer could provide protection of one's rights and reveal weak points of the case. Also, an experienced lawyer can talk about potential outcomes and help with preparation for the hearings.

Take the Next Step Wisely

Each domestic violence case is unique. Charges, evidence, protective orders, criminal history, and court rulings can affect how it unfolds. It's necessary to take the issue seriously from the very beginning.

For those who want to find domestic violence lawyers near me, Edward N. Aljouny offers domestic violence defense legal representation.

This article provides general information and is not a substitute for legal advice. The outcome of an individual case depends on its specific facts.