Being arrested for domestic violence can be one of the most stressful experiences a person faces. Beyond the criminal charges, many people worry about their family, employment, housing, and future.
While every case is different, the legal process generally follows the same sequence. Understanding each stage can help reduce uncertainty and allow you to make informed decisions.
The Arrest
Most domestic violence investigations begin with a 911 call. When officers respond, they determine whether probable cause exists to make an arrest. California law allows officers to arrest a suspect even if the alleged victim later says they do not wish to pursue criminal charges.
Following an arrest, the individual is booked into custody. In many cases, an Emergency Protective Order (EPO) is issued, restricting contact with the alleged victim and sometimes requiring the accused to leave the family residence.
The Arraignment
If the accused remains in custody, an arraignment generally occurs within 48 hours, excluding weekends and court holidays. Those released on bail typically receive a future court date.
At the arraignment, the court advises the defendant of the charges, accepts a plea, considers bail issues, and determines whether protective orders should remain in place.
Pretrial Proceedings
The pretrial phase allows both sides to exchange evidence and evaluate the strengths and weaknesses of the case.
Defense counsel carefully reviews police reports, witness statements, photographs, body camera footage, medical records, and any available digital evidence.
Depending on the circumstances, the defense may seek dismissal, negotiate reduced charges, or continue preparing for trial.
Trial
If the case cannot be resolved, it proceeds to trial.
The prosecution bears the burden of proving guilt beyond a reasonable doubt. A strong defense often focuses on inconsistent testimony, unreliable evidence, procedural errors, and constitutional issues that may affect the admissibility of evidence.
Sentencing
If a conviction occurs or a plea agreement is reached, sentencing follows.
Potential penalties may include probation, counseling, domestic violence treatment programs, fines, community service, or incarceration. The appropriate sentence depends on the facts of the case, prior criminal history, and other statutory considerations.
Legal Options After Sentencing
Sentencing does not always mark the end of the legal process.
Certain cases may qualify for appeals, probation modifications, or early termination of probation when authorized by law.
Experience Matters
Domestic violence cases involve complex legal issues, evidentiary challenges, and significant personal consequences.
Working with an attorney who regularly handles these cases can make a meaningful difference throughout every stage of the criminal process.
If you’ve been arrested or charged with domestic violence in California, contact Tiemann Defense at (916) 939-3900 to schedule a free confidential consultation.