What Happens If The Police Come To Your House Due To An Allegation Of Domestic Violence?
Unfortunately, when people live or spend a lot of time together, sometimes situations can become hostile and even aggressive. In the state of California, police are dispatched to over 15,000 domestic violence calls every year.
The state of California defines domestic violence as “abuse or threats of abuse when the person being abused and the abuser are or have been in an intimate relationship (married or domestic partners, are dating or used to date, live or lived together, or have a child together)”. It is also when the abused person and the abusive person are closely related by blood or by marriage.
For domestic violence to occur, the abuse does not have to be physical. Domestic abuse can be emotional, verbal, or psychological. Behavior such as stalking, hitting, threatening, harassing, destroying someone’s property, or disturbing someone’s peace can all be considered domestic violence and could result in police officers showing up to your house if they are called.
As soon as the police are called, the incident is no longer a private affair for you and your family to resolve. A disagreement with your spouse or family member can turn into a whole different battle once the authorities are called to your doorstep. Law enforcement officers have a specific protocol when handling domestic violence allegations and are ready to make an arrest to stop ongoing or potential domestic abuse.
How Will a Police Officer Respond to a Domestic Violence Call?
A police officer will usually err on the side of caution when receiving a domestic violence call by using a preponderance of evidence to make their decision on whether or not to make an arrest. This means that it must be more likely than not that abuse has taken place. The officers will try to interrogate the abuser, the victim, and any witnesses to build a report and investigate the alleged abuse. They will look for signs of domestic abuse or ongoing violence, such as markings of abuse on the victim’s skin, emotional distress, or gestures of aggravation from the alleged abusive party. If they believe someone will get hurt if they do not intervene, they may ask if one of the parties wishes to file domestic assault charges and make an arrest or if they wish to file for an emergency protective order (EPO).
What Should You Do If The Police Arrive To Your Door To Investigate Allegations Of Domestic Abuse?
If the police come to your door during a domestic dispute, do not say anything to the officers that could cause self-incrimination later during trial. It is important that you remain calm and do not become aggravated towards the other party or the officers, as it could be used as ammunition against you during the investigation and during a potential court trial. This is because the police report of what occurred and what they observed responding to the call can become evidence in a case against the individual for a domestic violence charge. Instead, politely give the police officer your necessary identifying information and immediately contact a restraining order attorney.
Contact Wallin & Klarich Today
Our experienced domestic violence attorneys here at Wallin and Klarich may be able to negotiate a lesser charge or a minimum sentence for you if charges have already been filed. Our attorneys may be able to contact the district attorney before charges are even filed. Domestic violence crimes are taken very seriously in California. Make sure you have a good attorney on your side when facing them. If the police are called to your house due to allegations of domestic violence, you do not have to defend these accusations by yourself. Give us a call to see how we can help you.
With offices in Orange County, Riverside, San Bernardino, Victorville, West Covina, Torrance, Los Angeles, and San Diego, you can find an experienced Wallin & Klarich attorney to help you no matter where you are located.
Call our law firm at (877) 4-NO-JAIL or (714) 587-5954 for a free phone consultation. We will be there when you call.