Domestic violence involves intentional physical force or threats of such force against a current or former spouse, dating partner, family member, or any other household member. Getting arrested for domestic violence in California can not only lead to jail time, but also being subject to a restraining order, as well as the loss of child custody rights and gun rights.
It is important to understand that California is a “mandatory arrest” state, which means law enforcement officials are required to make an arrest if there is probable cause that any form of domestic violence occurred, whether or not a crime has actually been committed. While probable cause used to mean witnessing the act or the presence of visible injuries, now an arrest can be made based on threat or intimidation.
Most domestic disputes arise in the heat of the moment, resulting in instant regret from both parties immediately after arrest. If an alleged victim decides not to press charges against the alleged abuser, it is up to the prosecutor to either drop the charges or take the case to court.
Prosecutors do not accept an alleged victim’s recantation. Even if the person opts not to testify at trial, the state may use other forms of evidence to prove its case. For example, if the alleged victim called 911 to report the incident, the prosecution may use the recording to use against the defendant.
Domestic violence cases are often complex and emotionally overwhelming, which is why having an experienced criminal defense attorney on your side can make a difference. If you or a loved one has been arrested for domestic violence in Newport Beach or Orange County, our legal team at Corrigan Welbourn Stokke, APLC can protect your rights and freedom during the legal process.
For more information about domestic violence laws, contact us today at (949) 251-0330 and schedule a free consultation.