What Happens After a Domestic Violence Arrest in California?

 Posted on July 10, 2025 in Criminal Defense

If you have just been arrested for domestic violence in California, you are probably feeling overwhelmed, possibly embarrassed, and unsure of what comes next. Whether the accusation involves a spouse, partner, roommate, or family member, the criminal justice process can move quickly, and it might feel like it is working against you from the start.

You are not alone, and it is important to remember that your side of the story matters. California law enforcement takes domestic violence allegations seriously. However, not every argument, injury, or call to the police reflects what actually happened, and a domestic violence accusation or arrest does not automatically mean that there will be criminal charges. A knowledgeable San Jose, CA criminal defense lawyer can help you navigate the process and protect your rights during these uncertain times.

As someone born and raised in Santa Clara County, I understand how much is at stake for you and your family. I also know that many people who are arrested just want a way to move forward and rebuild their lives. That begins with understanding the legal process ahead.

Will I Be Taken to Jail After a Domestic Violence Arrest?

Under California Penal Code Section 13701, when officers have probable cause to believe domestic violence occurred, they are generally required to make an arrest. In most cases, you will be booked into jail and held until your first court appearance, usually within 48 hours.

Bail amounts are often pre-set for misdemeanor and felony domestic violence charges. However, some people may be released on their own recognizance, especially if it is their first arrest and there are no aggravating circumstances.

What Happens at the First Court Appearance for Domestic Violence?

Your first appearance is the arraignment, where the charges will be read, and you will enter a plea. At this stage, the court may also issue a criminal protective order, which can prohibit you from contacting the alleged victim in any way, even if you live together or share children.

This order may come as a shock, especially if the other person does not want to press charges. But under California law, once a domestic violence arrest is made, the case belongs to the prosecutor, not the accuser. Even if the alleged victim asks to drop the charges, the case may still move forward.

Can I Fight Domestic Violence Charges?

You can and likely should fight domestic violence charges. A skilled attorney can challenge the arrest, push for dismissal, or negotiate for reduced charges or diversion. In many cases, there is more to the story than what was included in the police report.

False accusations, miscommunications, self-defense, and lack of evidence are all common issues in domestic violence cases. Your lawyer can gather witness statements, review body cam footage, and work with you and your family to build the strongest defense possible.

Will a Domestic Violence Conviction Affect My Job or Custody Rights?

A domestic violence conviction can impact your professional licenses, background checks, and child custody arrangements. That is why it is critical to act quickly and take the charges seriously, even if it is all just a misunderstanding. Get a good lawyer and start your defense now.

Contact a San Jose, CA Domestic Violence Defense Attorney

If you or a loved one has been arrested for domestic violence, contact the Palo Alto, CA domestic violence defense attorney at Fuller Law Firm for a free consultation. We understand how stressful this time can be, and we are here to help you navigate the system and protect your future. Call 408-234-7563 today to get started.