Domestic Violence Charges and Police Response in California
How California police and prosecutors typically handle domestic violence incidents.
Police Response and Domestic Violence Charges in California
This page gives general information about how police and courts in California usually handle domestic violence reports. It is not legal advice and may not match every situation or county practice.
When Someone Reports Domestic Violence to Police
In California, police may get involved through a 911 call, a non‑emergency call, or when someone like a neighbour or medical staff reports concerns. Once officers arrive, they usually:
- Separate people involved to ask what happened
- Look for injuries, damaged property, or signs of a struggle
- Ask about past incidents or threats
- Check for any existing restraining or protective orders
- Decide who they believe is the “primary aggressor” if there are cross‑accusations
Mandatory and Common Arrest Practices
California treats domestic violence as a serious criminal matter. Officers are expected to act to prevent further harm. In practice this can mean:
- Police often arrest the person they believe is the primary aggressor if there are signs of injury or ongoing danger
- An arrest may happen even if the person experiencing harm does not want the other person arrested
- Officers may avoid arresting both people, and instead focus on who they see as the main aggressor
- An arrest can happen based on recent threats, stalking, or property damage, not only visible injuries
Incident Report, Arrest, and Charges: What’s the Difference?
Incident Report
An incident report is a written record created by police. It usually includes:
- Names of people involved and witnesses
- Descriptions of what people said happened
- Notes about injuries, photos, or medical information (if collected)
- Any information about weapons or children present
A report can exist even if no one is arrested. Police may send the report to the local prosecutor to review later.
Arrest
An arrest means police take someone into custody because they believe a crime was committed. In a domestic violence situation, this can look like:
- The person being handcuffed and taken to a station or jail
- Possible booking: fingerprints, photos, and basic information collected
- Temporary separation from the home or family
An arrest does not automatically mean criminal charges will be filed. It is the start of the criminal process, not the end.
Filing of Charges by a Prosecutor
After an arrest or report, the police usually send the file to the local prosecutor’s office (district attorney or city attorney). The prosecutor then:
- Reviews the report, photos, and any medical or witness information
- Decides whether the evidence supports filing criminal charges
- Chooses which specific charges to file, if any
The prosecutor may decide to:
- File charges right away
- Ask police for more information or investigation
- Decline to file charges (often called “rejecting” the case)
What Survivors May See After an Arrest
After an arrest in California, several things can happen quickly through the criminal court system.
Emergency Protective Orders (EPOs)
- Police in California can ask a judge (often by phone) for a very short‑term emergency protective order
- This order can require the arrested person to stay away from the protected person, home, or workplace
- EPOs usually last only a few days, giving time for the court to consider longer‑term orders
Protective Orders in Criminal Court
If criminal charges are filed, the criminal court can issue a protective order as part of the case. These may:
- Order no contact at all, or only peaceful contact
- Require the person charged to stay away from certain locations
- Include conditions about firearms, alcohol, or substance use
These protective orders are tied to the criminal case and can last while the case is active. Some may continue for a period of time after a plea or conviction, depending on the court’s decision.
Bail and Release from Custody
After an arrest, the person may be:
- Held in custody until a bail hearing or arraignment
- Released on bail (money or bond paid for release)
- Released without paying bail but with conditions (called release on their own recognizance in some courts)
Bail decisions usually consider factors like safety concerns, past criminal history, and the seriousness of the alleged incident.
Conditions of Release
When someone is released from custody, the court may set conditions such as:
- Obeying a stay‑away or no‑contact order
- Not returning to the home, at least temporarily
- Not possessing firearms or dangerous weapons
- Attending certain programs if ordered as part of a case outcome
Who Decides Whether Charges Continue or Are Dropped?
In California, domestic violence cases are treated as crimes against the state, not private disputes. That means:
- The prosecutor, not the survivor, decides whether to file, continue, or drop charges
- Prosecutors may continue a case even if a survivor does not want to participate or wants to “drop” the charges
- Court subpoenas can require witnesses to come to court, though actual practice varies by county and case
Survivors can usually share their safety concerns and wishes with the prosecutor’s office, but there is no guarantee the case will be handled exactly as requested.
How Criminal Cases Connect with Civil Restraining Orders
California has both criminal protective orders (through a criminal case) and civil restraining orders (through a separate case in civil or family court). They can exist at the same time.
Civil Domestic Violence Restraining Orders
Separately from any police report or criminal case, a person can usually ask a civil or family court for a domestic violence restraining order. These orders can address:
- Contact and distance restrictions
- Temporary use of a shared home or vehicle
- Some financial issues on a short‑term basis
- Temporary parenting arrangements and safety terms for children
Civil restraining orders are independent of the criminal case. They can be requested whether or not there was an arrest, and whether or not charges are filed.
Which Order Controls if They Conflict?
If there is both a criminal protective order and a civil restraining order, courts generally expect the strictest safety terms to be followed. In practice, people often:
- Follow the order with the tighter “no contact” or distance rules
- Bring both orders to any court dates to help judges understand the full picture
Connection with Family Law and Parenting Cases
Domestic violence allegations and criminal cases in California can affect family law matters such as:
- Divorce (dissolution of marriage)
- Parental responsibilities (legal and physical custody)
- Parenting time (visitation schedules)
- Child and spousal support decisions
Family courts may look at:
- Police reports and criminal case records
- Criminal protective orders and any violations
- Existing civil domestic violence restraining orders
A criminal conviction or ongoing criminal case can influence how a family court views safety, parenting time, and decision‑making responsibilities. However, each family law judge makes case‑by‑case decisions based on California law and the information in front of them.
Getting More Information and Support
This page offers general California information only and cannot cover every situation or county practice. For updated information or local referrals, some people look to California‑based legal aid groups, court self‑help centres, or trusted community organizations. Additional support options can also be found through resources listed at DV.Support.