Facing a Domestic Violence Arrest? Here’s What You Need to Know
Being arrested for domestic violence in California is a frightening and overwhelming experience. It’s a situation that can not only impact your immediate freedom but also your long-term future, affecting your job, relationships, and reputation. The legal system can be confusing, but knowing what to expect can make a huge difference in how you approach the case. At Kersey Law, we’ve helped countless individuals navigate these complex waters, and in this guide, we’ll walk you through exactly what happens after a domestic violence arrest in California and how to protect your rights every step of the way.
The Immediate Aftermath of a Domestic Violence Arrest
Booking and Bail
After a domestic violence arrest, the first step is typically booking at the local police station, where fingerprints and mugshots are taken. Depending on the severity of the charges and your criminal history, you may be given the option of posting bail to secure your release until your court date.
Understanding the Charges
It’s essential to know what you’re being charged with. Domestic violence in California can be charged as a misdemeanor or felony depending on the circumstances, the severity of injuries, and whether this is a repeat offense. The charges you face will influence the penalties you could face if convicted.
First Court Appearance: The Arraignment
What Happens During the Arraignment?
Your arraignment is your first court appearance, typically held within 48 hours of your arrest. During this hearing, you will be formally notified of the charges against you, and you’ll be asked to enter a plea—guilty, not guilty, or no contest.
Should You Plead Guilty?
Never enter a plea of guilty or no contest without consulting a criminal defense attorney. Doing so could have long-lasting consequences, including jail time, fines, and permanent marks on your record.
Restraining Orders After a Domestic Violence Arrest
Emergency Protective Orders
In many cases, the alleged victim may request an Emergency Protective Order (EPO) immediately following your arrest. This order is designed to protect the victim by keeping you away from them, often restricting you from returning to your home or seeing your children.
How to Comply with a Restraining Order
Violating a restraining order, even unintentionally, can lead to additional charges. It’s critical to understand the terms of the restraining order and follow them carefully to avoid escalating your legal troubles.
Building a Defense After a Domestic Violence Arrest
Gathering Evidence
Once you’ve secured a criminal defense attorney, the next step is to start building your defense strategy. This could include gathering witness statements, surveillance footage, medical reports, and any other documentation that supports your innocence or casts doubt on the prosecution’s case.
Self-Defense and False Accusations
Domestic violence cases often come down to one person’s word against another’s. If you were acting in self-defense or if you are the victim of false accusations, your lawyer will work to present evidence that supports these defenses.
Pre-Trial Process and Negotiations
Pre-Trial Hearings
Leading up to your trial, there will be several pre-trial hearings where your lawyer can challenge evidence, request dismissals, or negotiate with the prosecution for a reduction in charges. In some cases, your attorney may be able to get the charges dismissed entirely.
Plea Bargaining
In certain situations, it may be beneficial to negotiate a plea deal with the prosecution. While not always the best option, this could result in lesser penalties or reduced charges. However, it’s essential to discuss this thoroughly with your attorney before agreeing to any deal.
The Trial Process
What to Expect at Trial
If your case proceeds to trial, the prosecution will present evidence and testimony to prove that you committed the alleged crime. Your defense attorney will cross-examine witnesses, challenge the prosecution’s evidence, and present your defense to the jury.
Possible Outcomes
At the end of the trial, the jury will deliver a verdict—either guilty or not guilty. If convicted, you may face penalties that include jail time, probation, mandatory counseling, and fines. If acquitted, you’ll be free of the charges and any associated penalties.
Consequences of a Domestic Violence Conviction
Jail Time and Fines
If convicted of domestic violence in California, you could face jail time (ranging from a few days to several years, depending on the severity of the charges), along with fines that could total thousands of dollars.
Long-Term Effects on Your Life
Beyond the immediate legal consequences, a domestic violence conviction can have long-term impacts on your personal and professional life. You may face difficulty securing employment, housing, or maintaining custody of your children. A conviction could also result in mandatory counseling or anger management programs.
How a Criminal Defense Attorney Can Help You
The Importance of Experienced Representation
Navigating a domestic violence case on your own can be overwhelming. An experienced criminal defense attorney will protect your rights, challenge weak evidence, and work to have the charges reduced or dismissed. At Kersey Law, we specialize in defending clients facing domestic violence accusations and can provide you with the legal guidance you need during this difficult time.
What Kersey Law Will Do for You
At Kersey Law, we will:
- Conduct a thorough investigation of your case
- Develop a strong defense strategy tailored to your situation
- Protect your rights at every stage of the legal process
- Negotiate with prosecutors to secure the best possible outcome for you
Protect Your Future After a Domestic Violence Arrest
A domestic violence arrest is a serious matter, but with the right defense strategy and legal representation, you can protect your rights and your future. If you’ve been arrested for domestic violence in California, don’t wait—contact Kersey Law today for a confidential consultation. Let us help you fight these charges and get your life back on track.
