The crime of domestic violence has led to the second highest arrest rate in California. It beats out every other crime except for DUIs. Unfortunately for many, domestic violence is a crime that doesn’t need a victim’s report to lead to an arrest.
Even if both parties claim that there was no violence and that the situation has been resolved, California police must make an arrest if certain criteria are met during the call. This protects the government from possible civil suits, but it does make life much harder on the accused and sometimes their family. Knowing the ins and outs of domestic violence is the best way to survive a criminal domestic violence charge.
What is Domestic Violence?
Domestic violence is a crime against a significant other – that can include bodily injury, sexual assault or placing another person in fear of serious bodily injury or death. This type of intimidation can often lead to jail time in non-domestic situations, but the fact that it is committed against a current or prior loved one makes it a crime punishable by much harsher standards.
California has made it a high priority to protect its citizens from dangerous family members because statistics show that strangers commit only 14% of statewide murders. On the other hand, a spouse or other family member of the victim commits a whopping 20% of all California’s murders.
The Domestic Violence Protection Act
This California law allows domestic violence victims the ability to obtain protective or restraining orders against the perpetrator of their domestic violence. Family members and current or former spouses can obtain these types of orders. The law also allows for the arrest of a violent person who is in a dating relationship or even same-sex relationship. In some instances there doesn’t even need to be visible injuries on the victim for an officer to effect an arrest.
Restraining orders ensure that a person doesn’t come within a certain distance of their alleged victim, but certain orders can go even further. An ex parte order (decision which is directed by a judge without all parties present) can be issued that bars phone calls to a victim and contact with their family. Judges can demand that the accused refrain from several different acts in relation to the alleged victim, and it is always important that the accused follow all of these instructions or their bail might be revoked.
Getting Out of Jail
It is important to get out of jail quickly when arrested for domestic violence. Just because a person had a temporary problem with a loved one does not mean that they are never going to see each other again. In fact, in many cases the accused is the financial backbone of the victim’s family. Anyone arrested should contact a bail bondsman quickly, as they are usually capable of getting a person out of jail within hours. This will ensure that person doesn’t lose their job or any work hours due to the sudden and unfortunate arrest.
The accused also has the choice of paying the entire amount of their bail, but this is going to be very expensive – especially in a domestic violence case. Someone who pays their own bail risks having that money tied up for a lengthy trial, and can possibly lose some of it to court costs. It is best to speak with a bail agency and then follow all court orders until the charge is dropped or handled in court.
Life Goes On
Domestic violence calls often lead to arrests, even if both parties press no charges and personally feel the situation has resolved. This will lead to difficulties for the accused and may make their family’s life extremely difficult. It is important to get out of jail as soon as possible and ensure that any protective orders are followed. This will guarantee that a person can get back to taking care of their family as soon as possible.
While out on bail, the accused should continue working at their place of employment and be careful not to escalate the already emotionally-charged relationship with the alleged victim – whether there is a protective order in place or not. A temporary legal hassle is often not the end of these relationships.
