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What Happens After a Domestic Violence Arrest in Los Angeles?
A domestic violence arrest in Los Angeles can be frightening, confusing, and life-altering — even if the accusations are false, exaggerated, or stem from a heated argument that got out of control. Many people don’t realize that once police get involved in a domestic dispute, California law requires officers to take aggressive action, often resulting in an arrest even when the alleged victim does not want charges filed.
Understanding what happens immediately after the arrest — and in the days, weeks, and months that follow — is critical for protecting your freedom, your record, your career, and your future. Below is a clear, step-by-step guide explaining what to expect and how KN Law Firm can help you fight the charges.
1. Mandatory Arrest Policies in Los Angeles
California takes domestic violence allegations extremely seriously. Under Penal Code 273.5, 243(e)(1), and related DV laws, officers are trained to arrest a “primary aggressor” whenever there is any physical injury, visible marks, broken items, or conflicting stories.
Police do not need:
- A warrant
- Medical records
- Mutual agreement by both parties
- Independent witnesses
In many cases, one person is arrested simply because the other person had a scratch, cried, or appeared afraid. This happens even in cases where both parties claim nothing physical occurred.
2. Booking, Bail, and Release
After the arrest, the accused is taken to a local Los Angeles jail (often LAPD or LASD) for:
- Booking
- Fingerprinting
- Background checks
Many domestic violence cases require bail — often $20,000 or more depending on the accusation, injuries, prior history, and whether the charge is a misdemeanor or felony.
You may be released:
- On bail,
- On your own recognizance (OR release), or
- After a court order restricting future contact.
3. Emergency Protective Order (EPO)
Almost every domestic violence arrest results in an Emergency Protective Order, valid for 5–7 days. This order may:
- Prohibit contact with the alleged victim
- Require you to immediately leave your home
- Prevent communication by phone, text, or social media
- Restrict visitation with children
- Require firearm surrender
It’s critical not to violate the protective order — even accidental violations can result in new criminal charges.
4. The Prosecutor Decides Whether to File Charges — Not the Victim
A common misunderstanding is that the alleged victim can “drop the charges.”
They cannot.
Only the Los Angeles County District Attorney or City Attorney has that authority.
Prosecutors may file charges even if:
- The alleged victim recants
- There are no injuries
- Both people claim nothing happened
- The report was exaggerated
- The incident was caused by alcohol or misunderstanding
This is why hiring a skilled defense attorney before charges are filed is essential — early intervention can sometimes prevent the case from being filed at all.
5. The Arraignment: Your First Court Appearance
At the arraignment, the charges are formally presented. You typically face:
- A criminal protective order (restraining order)
- Conditions of release
- Possible no-contact orders
- The potential loss of firearms
- The start of the criminal case against you
Having your attorney present allows arguments for:
- A peaceful-contact order instead of full no-contact
- Permission to return home
- Reduced bail or OR release
6. Building Your Defense Through Investigation
KN Law Firm quickly begins investigating and gathering evidence such as:
- 911 recordings
- Body-cam footage
- Text messages, videos, and photographs
- Witness statements
- Medical records
- Prior false allegations (if applicable)
- Evidence of mutual combat or self-defense
- Statements made during intoxication
Many domestic violence cases fall apart once the truth is uncovered.
7. Possible Outcomes After a Domestic Violence Arrest
Several outcomes are possible, depending on the evidence and your defense strategy:
✓ Case Dismissal (Best Outcome)
With strong early intervention, our attorneys can often convince prosecutors to reject filing or drop the case.
✓ Reduction to a Lesser Charge
Sometimes charges can be reduced to offenses that carry no DV stigma, such as:
- Disturbing the peace (PC 415)
- Trespassing (PC 602)
- Simple battery (PC 242)
These typically avoid DV classes, firearm bans, and immigration consequences.
✓ Diversion Programs
Many first-time offenders qualify for diversion — completing certain conditions can result in the case being dismissed and sealed.
✓ Trial
If prosecutors refuse to dismiss or reduce the case, KN Law Firm aggressively fights for acquittal at trial.
8. Long-Term Consequences of a Domestic Violence Conviction
If convicted, you may face:
- Jail or probation
- Mandatory 52-week domestic violence class
- Protective orders
- Loss of gun rights
- Immigration consequences for non-citizens
- Child custody impact
- Job and professional license issues
This is why fighting early and strategically is critical.
Contact KN Law Firm Immediately After a Domestic Violence Arrest
A domestic violence arrest does not mean you will be convicted — but your actions in the next 24–48 hours will shape the outcome.
KN Law Firm aggressively defends clients across Glendale, Los Angeles, and all surrounding Southern California cities. We are available 24/7, offer free consultations, and respond to online form submissions within hours.
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