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Did you know it may be possible to address a domestic violence arrest before charges are filed? That’s because there is a gap between the arrest and the filing of charges in these cases. 

This gap applies in cases where you are accused of unlawfully touching or threatening an intimate domestic partner.

There are times when it may be possible to convince the DA that they should decline to prosecute the case. This is only an option in cases where you retain a criminal defense attorney quickly.

If charges get filed you may still be able to get them dropped, reduced, or dismissed, but this is harder. Ideally, charges will never get filed, and you’ll be able to get on with your life.

All of this is possible thanks to the way that domestic violence cases work in Los Angeles.

When the Police are Called

In Los Angeles, calling 911 with a domestic violence complaint sets off an inexorable chain of events. Someone is getting arrested from the moment that happens. It may even be the person who put in the call in the first place. It may be both parties. Even a verbal argument can trigger these arrests. The police do not have to see any visible signs of injury in order to make an arrest.

They may also issue an emergency protective order and get child services involved. 

You’ll generally be detained until your arraignment. If this is the first time you have ever been arrested for domestic violence, the judge may well release you on your own recognizance, especially if you have a criminal defense lawyer with you by that point. 

At that point, the domestic violence unit will begin their investigation in order to make a recommendation to the district attorney.

We want to catch the district attorney before that recommendation happens. If we can show there’s very little evidence that a crime was committed, that you’re a good and trustworthy citizen, and that nobody is in aunty danger, then it may be possible to avert charges altogether. This would mean going back to your life.

If the DA decides to prosecute, then we will have to take other measures to defend you. 

If Charges Are Filed

The charge may be a misdemeanor “domestic battery” charge if nobody was seriously hurt. If serious bodily injury really did occur, you may be charged with “corporal injury to a spouse” which could be charged either as a misdemeanor or a felony. 

You will need help from a qualified defense lawyer either way. 

Reach out to Greco Neyland to get help today.

See also:

Do You Really Need a Los Angeles Criminal Lawyer If You’re Innocent? 

What to Do If You Get Arrested in Los Angeles, CA? 

What Does It Take to Get Criminal Charges Dropped in Los Angeles, CA?