We all know that family violence is a serious problem in California and the U.S. But what happens when you are involved in a contentious situation where someone calls the police? Do the police have to arrest someone? Will you face domestic violence charges? The good news is that you don't have to figure this out alone. An experienced Fresno criminal defense attorney can protect your rights and your reputation.

What is Domestic Violence?

Under California law, “domestic violence” includes threats or acts of violence between people in the same household. People in the same household can include spouses, intimate partners, children, parents, relatives, siblings, and even roommates. Common criminal charges can include:

• Criminal battery, Cal. Pen. Code § 243(e)(1) (2016), and
• Corporal injury to a spouse or cohabitant, Cal. Pen. Code § 273.5 (2017).

California domestic violence crimes also include:

• Child abuse, neglect, and endangerment,
• Elder abuse,
• Criminal threats,
• Stalking,
• Revenge porn,
• Aggravated trespass,
• False imprisonment,
• Sexual assault and abuse,
• Damaging a telephone line, and
• Posting harmful information on the internet.

Domestic Violence Police Calls

California law enforcement officials and the courts take domestic violence quite seriously. Under California law, every law enforcement agency in the state must have written policies for responding to domestic violence calls. See Cal. Pen. Code § 13701(a) (2018). “The written policies shall encourage the arrest of domestic violence offenders if there is probable cause that an offense has been committed.” See id. at § 13701(b). As a result, if the police are called, they will likely arrest at least one person.

If a police officer has probable cause to believe that domestic violence occurred, they must make an arrest. “Probable cause” means the police have enough evidence that a reasonable person would believe that a crime was committed or is being committed. Even if your partner says they don't want to press charges, the police will still arrest you if they believe domestic violence occurred.

Hire an Experienced Fresno Defense Attorney

It's important to remember that an arrest for domestic violence doesn't mean a court will convict you. However, if you're facing a domestic violence charge in the Fresno area, you need experienced legal guidance as soon as possible. Gurjit Srai is a respected Fresno criminal defense lawyer, well-versed in helping California clients facing domestic violence charges and family law issues. He can help you too. Call the Srai Law Firm today at 559-449-1447 or contact us online.