There is nothing fun about being arrested for domestic violence. However, when you work with a domestic violence attorney in Irvine CA who has the experience to walk you through the process and fight for the best outcome, it can be much less scary. Today we will discuss what to expect if you are arrested for domestic violence. You can contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal case evaluation.
These Are Serious Cases
You likely do not need to hear this from a domestic violence attorney in Irvine CA but it is worth focusing on: This is a serious charge. Law enforcement takes any report of violence between couples seriously and will present reports as required to prosecutors and/or county district attorneys. In most cases, a criminal domestic battery or criminal assault case will be tried in the California Superior Court in which the alleged incident occurred.
What Happens During a 911 Call for Domestic Violence
Most cases of domestic violence originate from a 911 call. This call is always recorded and the person calling knows they have a call to the police, while the person who is accused and likely arrested might not have any idea that the police have been called. In the event that the case goes to court, it is likely that the 911 call will be played to the jury. It may be played to the California Superior Court Judge if they are deciding whether or not to issue a protective order.
Once the call is made, the police will generally go to that address. They will also go if the call is not completed or if the person hung up the phone. Even if one or both of the people involved attempt to cancel the call, the police will still have to follow protocol and respond.
Investigations into Domestic Violence Allegations
When the police respond to an alleged domestic violence incident, they are required to investigate. They will want to talk to those involved and any witnesses separately. It is normal for more than one officer to arrive and that they attempt to interview parties in different rooms. After all parties are interviewed, the police will discuss what they have heard with each other.
If there is evidence present, such as blood or damage to property, the police may designate it a crime scene. They may bring in photographers, investigators, and supervisors to process the scene. Police will generally ask if the alleged victim needs medical care. Their injuries are likely to be photographed.
While the police’s job is to stay impartial and be fair to all parties involved, in many cases the cards are stacked against a person charged with domestic violence. That is one reason that we strongly recommend talking to a domestic violence attorney in Irvine CA before making any statements to the police. You can contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation.