Domestic violence cases move quickly in California. A heated argument, a call to 911, or a misunderstanding between partners can lead to an arrest within minutes, followed by court orders that affect where a person can live and who they can contact. Many people accused of domestic violence are surprised by how serious the process becomes, even before any evidence is tested in court. Understanding the law and the steps that follow helps the accused protect their rights from the beginning.
What California Considers Domestic Violence
Domestic violence charges apply when the alleged victim has a close relationship with the accused. This can include:
- A current or former spouse or registered domestic partner
- A current or former dating partner
- A person the accused lives or lived with
- The other parent of the accused’s child
- In some cases, other family members
Common Domestic Violence Charges
Domestic Battery
This charge involves willful and unlawful physical contact with an intimate partner. No visible injury is required, and it is typically charged as a misdemeanor.
Corporal Injury to a Spouse or Cohabitant
This more serious charge requires a physical injury, even a minor one. It can be charged as either a misdemeanor or a felony, depending on the facts and the person’s history.
Related Charges
- Criminal threats
- Stalking
- Violating a protective or restraining order
- Child endangerment, if children were present
- Vandalism or damaging a phone to prevent a 911 call
What Happens After a Domestic Violence Arrest
Emergency Protective Orders
Police can request an emergency protective order at the scene. These orders take effect immediately and usually last up to seven days, often requiring the accused to leave the home and avoid contact.
Arraignment and Criminal Protective Orders
At arraignment, the court typically issues a criminal protective order that stays in effect while the case is pending. It may prohibit contact entirely or allow limited peaceful contact.
The Prosecutor Decides Whether to Proceed
Many people believe the alleged victim can “drop the charges.” In California, the decision belongs to the prosecutor. Cases may continue even if the complaining witness doesn’t want to cooperate, using evidence like 911 recordings, body camera footage, and photos.
Potential Penalties
Penalties depend on the charge, injuries, and prior history. A domestic violence conviction may involve:
- Jail or prison time
- Formal probation, often for several years
- Completion of a year-long batterer’s intervention program
- Fines and payments to domestic violence programs
- A protective order lasting years after the case ends
- Loss of the right to own or possess firearms
Consequences Beyond Sentencing
- Effects on child custody decisions in family court
- Immigration consequences for non-citizens
- Impact on professional licenses and employment
- Housing difficulties
Defenses in Domestic Violence Cases
Every case is unique, but common defense strategies include:
- Self-defense or defense of others
- False or exaggerated allegations, sometimes linked to custody or divorce disputes
- Accidental injury
- Insufficient evidence
- Inconsistent statements from witnesses
Mistakes to Avoid
- Contacting the alleged victim in violation of a protective order
- Discussing the incident with police without an attorney
- Posting about the case on social media
- Asking the complaining witness to change their story
- Missing court dates or program deadlines
Getting Legal Guidance Early
Knowing what to do if you’ve been accused of domestic violence in San Francisco can help you avoid mistakes that worsen the situation. A domestic violence lawyer San Francisco residents trust can challenge protective order terms, review evidence such as body camera footage, and build a defense tailored to the facts of your case.
Information to Gather
- Copies of any protective orders
- Arrest paperwork and court dates
- Text messages and emails with the complaining witness
- Names of witnesses
- Photos or records showing your own injuries, if any