How Domestic Violence Charges Impact The Family Dynamic In California

In this article, you will discover:

• How a domestic violence arrest impacts the family dynamic
• Whether you can be arrested for domestic violence solely based on an accusation
• When is the right time to involve an attorney in a domestic violence dispute

How Can A Domestic Violence Arrest Impact The Dynamics Of My Family?

All criminal cases are of utmost priority, especially during the arrest or immediately after. A domestic violence arrest is probably the most negatively impactful circumstance because you typically have a family unit involved, and that arrest ultimately leads to charges in court. In many counties, there are more aggressive prosecutions if there are children involved, such as a charge of child endangerment.

Impact Of The Arrest

A domestic violence arrest is such an emotional shake-up. Tempers are usually high among all parties. Typically, the police arrive, conduct an investigation and decide to arrest someone.

They do so more often than not because of the political fallout that would result if they don’t make an arrest or separate the parties. The police will usually ask the alleged victim if they want to have an emergency protective order against the arrested party that lasts for several days, or they issue it regardless.

In addition to the emergency protective order separating the family, the arrested party also has to deal with the humiliation of arrest, fear of continued incarceration, making bail, and professional or career considerations and fallout. For those reasons, they must have a lawyer who knows how to handle all of that correctly.

If the accused is granted bail, can they return to their home? Can they get their personal belongings? What about child custody or visitation issues with their children? Who will drop off and retrieve the children from school or extracurricular activities?

Impact Of The Investigation

In the meantime, the arresting officer will compile their police report, and the case is usually assigned to a detective. The detective follows up with the alleged victim to determine whether they still wish to prosecute.

In many cases where children are involved, the police and the Department of Child and Family Services will often pressure the victim to take victim education courses. If the victim refuses, DCFS may take their children from them.

There are so many dynamics going on between the two parties whenever there’s a domestic violence arrest. For that reason, the arrested party should contact an attorney who is experienced with handling these dynamics.

The accused’s lawyer will need to speak immediately with the detective on the case, the district attorney’s office and whoever in the Family Violence Unit is responsible for filing the case. They should also prepare a mitigation package to show their client’s background in a more favorable light in order to frame the familial issues and manage the fallout of the domestic violence charges.

Can I Be Arrested For Domestic Violence Based Solely On An Accusation?

Yes, you can be arrested solely on the basis of an accusation. It’s not uncommon at all.

When there is evidence of devastating injuries, the situation is more obvious, and the charges are easier to deal with. However, arrests without evidence are trickier.

When a relationship or a marriage has been estranged for some time, and there are accusations of domestic violence but no evidence to back them up, there may be other motives that need to be uncovered.

Attorney Paul Geller is a skilled lawyer based in Los Angeles who has helped clients like you navigate the complexities of domestic violence law. With years of relevant experience, he is prepared to defend you against your domestic violence charge so that your reputation and rights are protected.

Still have questions? Ready to get started? Contact the Law Offices of Paul S. Geller, P.C., today to schedule an initial consultation.

Why It’s Never Too Early Or Too Late To Get An Experienced Attorney Involved In A Domestic Violence Case

It’s never too early or too late to involve an attorney, as there are always opportunities throughout the timeline of a domestic violence case where an experienced attorney can help improve the situation.

I just substituted on a domestic violence case that was set for trial. My preference whenever I become counsel on these cases is to come in right away because I can do a lot of work at the outset to change the narrative about:

• My client and who they are
• The nature of the relationship that led to domestic violence
• The legality of what can or can’t be proven

The sooner I can start working, the stronger the chance we have of either avoiding a criminal case filing altogether or changing the narrative to achieve favorable results. In every case, I’m looking for the needle in the haystack: How do we get this case dismissed by properly presenting a complete picture of everything that’s been going on?

How Can An Attorney Help If My Partner Or Spouse Doesn’t Want To Press Charges?

When the police arrive on the scene in domestic violence cases, they typically will separate the parties to obtain individual statements. Thereafter, detectives follow up with witnesses and the victim to determine if they still wish to pursue prosecution.

Still, I’ve seen many cases where circumstances were exaggerated and statements were improperly communicated or inflated at the time of arrest, because emotions were running high.

Your loved one may not wish to press charges against you. However, that doesn’t apply in criminal cases because once you are arrested, the police and the District Attorney’s office decide whether a case gets filed or not. They may ultimately feel as though they have a victim or a witness who doesn’t want to participate, but that doesn’t make a case go away.

When someone tells the judge in court that they don’t want to pursue a domestic violence case against you, it rarely results in a dismissal of charges. In fact, that strategy may result negatively on the case because it tells the prosecutor that they have a victim who doesn’t want to cooperate. Your partner or spouse is also presenting themselves to the court as the victim, and a sharp prosecutor will simply have them ordered back to court for every proceeding, which is the same as being served with a subpoena.

There’s an art to handling a domestic violence case and victims or witnesses who don’t want to participate. It’s crucial how that’s dealt with and ultimately communicated to prosecutors. You need an attorney who understands how to navigate and present that. Otherwise, you could be seen as trying to dissuade a witness from testifying.

Still Have Questions? Ready To Get Started?

For more information on domestic violence charges in California, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (626) 209-4711 today.