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​If a 911 call is made regarding a domestic disturbance, there is a very good chance that someone will be arrested and charged with a domestic violence offense. California law requires law enforcement officers responding to a call for even the most minor incident of domestic violence to arrest the person who they deem to be the dominant aggressor. (Penal Code section 13701.)

If there is any evidence of injury, even the smallest red mark, the party arrested could be charged with a felony under California Penal Code section 273.5. Other charges that may apply to a domestic violence allegation include criminal threats (Penal Code section 422), spousal battery (Penal Code sections 242/243(e)), assault with a deadly weapon or force likely to produce great bodily injury (Penal Code section 245), vandalism (Penal Code section 594), damaging a telephone line (Penal Code section 591.5), or violation of a domestic violence restraining order. (Penal Code section 273.6.) Criminal charges may be filed even if the alleged victim says he or she started the fight, was not hurt, and does not want to press charges. You may be required to post a large bail amount to be released from jail pending trial.

A conviction for an offense involving domestic violence often triggers serious collateral consequences. A non-citizen convicted of a domestic violence offense may face deportation, regardless of how long he or she has lived in the United States.  Domestic violence prosecutions also have serious repercussions for child custody disputes. Under California law, a parent convicted of an offense involving domestic violence is presumed to be unfit for sole or joint physical or legal custody of a child. (Family Code section 3044.) A conviction of even a misdemeanor involving domestic violence will subject a person to a ten year ban on firearm ownership under California law (Penal Code section 12021) and a lifelong ban under federal law. (18 U.S.C. section 922(g).)

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Consequences Of A Domestic Violence Conviction:

The consequences of a domestic violence conviction can last a lifetime. These crimes carry heavy fines, mandatory classes that last a year, and jail and prison sentences, and they are defined as crimes of moral turpitude.  Moreover, some of them can be “strike” offenses for purposes of the Three Strikes Law. Domestic Violence crimes also can have grave immigration consequences and can lead to deportation from the United States. Many times, when children are involved, a conviction of a Domestic Violence crime can even mean losing custody of your kids.

The Charges Cannot Be Dropped:

There is the misconception that a spouse/partner/girlfriend/etc can “drop” the charges after he or she has called the police and you have been arrested. They can't. The District Attorney’s office will not drop the charges in a Domestic Violence case simply because a week or a month later the supposed Domestic Violence “victim” wants to drop the charges. The decision to file or not to file a case is in the sole discretion of the D.A.'s Office in your County.