Relationships are, by nature, complex. Every marriage or partnership goes through its fair share of ups and downs. When an argument arises, both parties are usually able to work through their differences with time and effort to communicate openly and honestly. However, there are times in which an augment can escalate to the point where emotions boil over, and one person can say and do things in the heat of the moment. If a neighbor calls law enforcement to report a potential domestic violence incident, it can be overwhelming and stressful to find yourself asking pointed questions about your relationship and personal life. Unfortunately, even attempting to explain the situation to the responding officer can lead to incriminating statements that can be used to build a criminal case against you later on. It’s important for residents of the Palmdale and Lancaster area to know how to handle a domestic violence call in such a way that preserves their legal rights and minimizes the chances of a negative outcome. If you or a loved one is facing domestic violence-related charges in the greater Los Angeles County area, CERTIFIED CRIMINAL LAW SPECIALIST and FORMER DEPUTY DISTRICT ATTORNEY David M. Wallin, along with our team of excellent attorneys, is ready to advocate on your behalf. At the Law Offices of David M. Wallin, we offer flexible payment options and a FREE CONSULTATION, so contact us right away to get started.
How Do Police Respond to Domestic Violence Calls in California?
California has implemented some of the strongest legal protections for survivors of domestic violence in the country. To that end, the state’s Domestic Violence Guidelines clarifies that the state’s legislation “encourages the creation of agency policies that promote arrest where there is reasonable cause or probable cause that a domestic violence offense has been committed.” In other words, the officer who responds to a domestic violence call must assess the scene and weigh specific factors to determine whether to place the suspect under arrest. For example, it’s up to the responding officer to consider some of the following factors when making the decision to arrest the suspect: “Whether or not the suspect lives on the premises with the victim; existence of lack of restraining/protective orders; complainant’s emotional state; non-visible injuries; location of the incident,” and any other relevant factors. Although California’s Domestic Violence Guidelines state that “Officers should make an arrest when there is probable cause that a felony has been committed,” the guidelines also give officers the authority to make an arrest in situations where the police have probable cause to believe that a “misdemeanor has occurred in their presence.” Ultimately, state laws allow officers to use their professional judgment as to whether to arrest a suspect at the scene.
Why Are Domestic Violence Calls Dangerous for Defendants?
Since law enforcement officers are allowed to arrest someone at the scene of an alleged domestic violence incident, it’s essential that you understand your legal rights during these visits. Understandably, your instinct may be to explain the situation to the responding police officer to clear things up or show that the person who placed the domestic violence call misinterpreted the situation. However, any statements you make during the domestic violence visit may be manipulated and used against you later on. Even seemingly innocuous or well-meaning statements can become dangerous for the defendant, as prosecutors may use these words when building a criminal case against them. Instead of making any potentially risky statements to the officer that is responding to the domestic violence call, it’s best to remain calm and cooperative while saying as little as possible.
What Happens After a Domestic Violence Call in Palmdale or Lancaster?
When someone decides to call police for domestic violence, the responding officer will arrive at the scene and interview the parties involved in the alleged incident as well as any witnesses who can attest to what they saw. Additionally, the officer will look for any injuries, damaged property, or other signs of distress, as well as the demeanor of the alleged perpetrator. If the alleged perpetrator is acting aggressively or with hostility toward others at the scene, this can give the officer probable cause to make an arrest. This is why it’s essential that anyone involved in a domestic violence call remains as calm as possible to ensure that their legal rights remain upheld. If the officer decides to arrest you, it’s important to recognize that you have constitutional rights that you can exercise, including the right to remain silent and the right to contact an attorney. When you enlist the services of the Law Offices of David M. Wallin, our team of excellent and knowledgeable attorneys (including TWO FORMER DEPUTY DISTRICT ATTORNEYS) will get to work right away to develop the strongest legal defense strategy that keeps your future as bright as possible. We proudly offer payment plan options and FREE CONSULTATIONS, so get in touch with us today.
Top-Tier Legal Defense When You Need It Most
Domestic violence allegations can be particularly stressful and damaging. Even if the allegations are untrue, the accusations alone—however unfounded—can upend your life and tarnish your reputation and relationships with friends and loved ones. At the Law Offices of David M. Wallin, we’re committed to providing exceptional legal representation to every client we serve. We’ll work with you to assess every detail of your case so we can identify the most strategic course of action that keeps your freedom and future as bright and secure as possible.
If you are facing domestic violence charges in Palmdale or Lancaster, the Law Offices of David M. Wallin is ready to defend your legal rights and seek the most fair and favorable resolution possible. With over 35 years of experience, certified criminal law specialist David M. Wallin and his team of excellent attorneys (including TWO FORMER DEPUTY DISTRICT ATTORNEYS) are ready to help you. Call (661) 267-1313 today to schedule a FREE CONSULTATION with us! We offer payment plans as well, so get started today.