What You Need to Know About Domestic Violence Charges in California
Calling the police during a family dispute might seem like the right thing to do, especially when emotions are running high. However, many people don’t realize that once law enforcement gets involved, the situation often escalates into something much bigger—leading to serious criminal charges, protective orders, and long-term consequences.
As a criminal defense attorney in California, I frequently see cases where family members regret calling the police but find themselves unable to undo the legal process. This article will break down what happens when you involve law enforcement in family matters, the legal consequences, and what you can do if you or a loved one is facing charges.
1. How a Family Dispute can Calling the Police Can Turn Into Criminal Charges
Under California Penal Code § 273.5 (domestic violence laws), if the police respond to a call about domestic violence, they are likely to make an arrest—even if the caller later changes their mind. Officers do not need the victim’s consent to press charges; they only need probable cause that a crime occurred.
Even minor arguments that result in no injuries can lead to charges under Penal Code § 243(e)(1), which covers domestic battery. If there are injuries, even minor ones, the case becomes more severe, with potential felony charges.
Common charges in family disputes include:
- Domestic Violence (PC 273.5, PC 243(e)(1)) – Harming or attempting to harm a spouse, partner, or family member.
- Criminal Threats (PC 422) – Threatening violence, even without physical contact.
- Vandalism (PC 594) – Breaking or damaging property during an argument.
- False Imprisonment (PC 236) – Preventing someone from leaving a location.
Once charges are filed, only the prosecutor has the power to drop them—not the victim, even if they want to take it back.
2. The Consequences of Calling the Police on a Loved One
Many families don’t anticipate the long-term legal consequences when they call 911. Here’s what can happen:
✅ Immediate Arrest – Police may take your loved one into custody based on statements and evidence at the scene.
✅ Restraining Orders (Protective Orders) – The court often issues a Criminal Protective Order (CPO) that prevents contact between the accused and the family, even if the family does not want it.
✅ Jail Time & Bail – Defendants may have to post bail, which can be expensive. If bail is denied, they remain in custody.
✅ Court-Ordered Rehab or Counseling – Even if released, a defendant may be required to attend court-ordered batterers’ intervention programs or drug treatment.
✅ Permanent Criminal Record – A conviction can affect employment, housing, and professional licenses.
In many cases, family members later regret calling the police, but by then, the case is out of their hands.
3. Can You Undo a Criminal Case or Restraining Order?
Many family members ask, “Can I drop the charges?” or “Can we remove the restraining order?”
- Dropping Charges: In California, the decision to proceed with prosecution lies with the District Attorney (DA), not the alleged victim. Even if you refuse to testify, the DA can still use police reports, body cam footage, and witness statements.
- Removing a Restraining Order: If a Criminal Protective Order (CPO) is in place, only a judge can modify or remove it. The alleged victim can request a modification by filing a restraining order modification request, but the judge must approve it.
If your loved one is facing charges, hiring an experienced California domestic violence defense attorney is crucial. A lawyer can help negotiate reduced charges, argue for alternative sentencing, or even fight for case dismissal.
4. How to Protect Your Family Without Legal Fallout
If you’re in a difficult situation with a family member, consider alternatives before involving the police:
✔ De-escalation Techniques – Try to separate from the conflict before it gets worse.
✔ Mediation & Counseling – Family counseling or mediation can resolve issues without criminal consequences.
✔ Voluntary Rehab or Intervention – If addiction is involved, consider voluntary rehab rather than using the legal system to force treatment.
However, if a crime has already been charged, act quickly to protect your loved one’s rights.
What if the person who was arrested wasn’t the aggressor? Can the police still press charges against them?
Yes. The police can arrest anyone they believe used unlawful force, even if that person wasn’t the one who started it.
Let’s say someone was attacked, but they responded with force that was excessive or unreasonable. That can still lead to charges. There’s no blanket rule that says if you’re not the aggressor, you’re automatically in the clear. It all comes down to how the facts are interpreted—and who the police believe crossed the legal line.
What happens if both people involved in the argument were physical or made accusations? Can they both be charged?
Yes—both people can be arrested if the police think each side committed a crime.
In situations where both parties were physical, emotional, or making conflicting accusations, officers often arrest both and let the courts sort it out later. That’s why it’s so important to get an attorney involved early. The facts are murky, and how they’re presented matters.
How long do protective orders last, and what happens if we both want contact again?
In domestic violence cases, an Emergency Protective Order (EPO) is usually issued right after arrest. That EPO typically lasts until the first court date.
If the DA files charges, the judge may issue a new protective order, usually a “no contact” order to keep both parties apart. Now, if both people want contact again, it’s not as simple as just agreeing.
The court will likely require:
Anger management or domestic violence classes for the defendant.
A victim’s impact or support class for the protected person. Only after some progress is shown will the court even consider switching to a peaceful contact order.
Can calling the police for help be used against me later if I end up getting arrested instead?
Everything can potentially be used against you—but calling the police for help is usually a strong sign that you weren’t the aggressor.
That said, once you’re arrested, the facts are no longer in your hands. The police already made their decision. At that point, the focus shifts to building a defense—not convincing the police they were wrong after the fact.
What are my rights if I was arrested but the whole thing was a misunderstanding or blown out of proportion?
You have two major rights:
The right to remain silent
The right to an attorney
And I recommend you use both.
Don’t explain your side to the police. Talk to your attorney instead. Once police believe they’ve got their version of the story, they’re not looking to change their mind. Let your lawyer do the talking and control the narrative in court—not the back of a patrol car.
If charges are filed, how long does the criminal case usually take to resolve—and can we speed it up?
Yes, we can speed it up—but you might not want to.
Rushing through a case can mean giving up better outcomes in exchange for speed. I always tell my clients: it’s not about how fast we get out, it’s about what kind of deal or result we walk away with.
Most domestic violence cases like this take 4 to 6 months to resolve, sometimes longer depending on the court’s calendar and the evidence involved.
5. What to Do If Your Loved One Is in Jail
If your family member has been arrested, here’s what you should do:
�� Remain Calm & Do Not Speak to Police – Anything they say can be used against them.�� Contact a Criminal Defense Attorney Immediately – A lawyer can work to reduce charges or get them released on bail.�� Understand Bail Options – Bail can be posted through cash, bond, or own recognizance release.�� Prepare for Court – Know that the legal process can take time, and a good defense strategy is key. If you were arrested in Orange County, then you can check your case status by going to the Orange County Superior Court website.
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