What Is the Procedure in a Domestic Violence Case in Los Angeles?

Most people arrested for domestic violence in Los Angeles are first-time offenders with no prior criminal record. For them, the arrest is shocking, confusing, and frightening. Many have never been inside a courtroom and have no idea what will happen next.

Domestic violence cases are treated as serious criminal matters by Los Angeles police, prosecutors, and judges. Even a single incident can lead to arrest, restraining orders, loss of firearm rights, and long-term consequences for employment, immigration status, and family relationships.

California Family Code 6211 defines the types of relationships that qualify as domestic violence under California law.

Below is a step-by-step explanation of how a domestic violence case proceeds through the Los Angeles criminal justice system.

The criminal defense attorneys at the Hedding Law Firm in Los Angeles are here to help. Schedule your initial consultation at (866) 986-2092 or contact us here. 

Domestic Violence Charges in California

Domestic violence charges depend largely on the severity of the alleged injury.

Common Domestic Violence Charges Include:

Most cases are filed as misdemeanors, but serious injuries, prior convictions, or aggravating circumstances can result in felony charges.

Police Response and Arrest

A domestic violence case typically begins with a 911 call following a verbal or physical dispute between:

  • Spouses

  • Dating partners

  • Former partners

  • Cohabitating individuals

When police arrive:

  1. The parties are separated
  2. Officers interview each person individually
  3. Police look for visible injuries, statements, or evidence
  4. Officers attempt to obtain incriminating statements

If officers find probable cause that domestic violence occurred, an arrest is mandatory—even if the alleged victim does not want one.

What Happens After the Arrest?

Booking and Bail

Most defendants must:

Detective Review

The case is assigned to a domestic violence detective, who:

  • Reviews the police report

  • Conducts follow-up interviews

  • Collects additional evidence

Anything said to detectives can be used against you.

Filing of Criminal Charges

Once the investigation is complete:

  • Misdemeanor cases go to the Los Angeles City Attorney

  • Felony cases go to the Los Angeles District Attorney's Office

At this stage, a defense attorney's prefiling intervention may prevent charges from being filed.

Important: The alleged victim cannot “drop the charges.” Only the prosecutor decides whether to file or dismiss a case.

Arraignment: Your First Court Appearance

The arraignment is the first formal court hearing.

At arraignment:

  • Charges are formally read

  • A plea is entered (usually not guilty)

  • A protective order is issued

  • Bail conditions are reviewed

Appearance Requirements

  • Felony cases: Defendant must appear personally

  • Misdemeanor cases: Appearance is usually required to receive restraining orders

Many domestic violence charges are “wobblers,” meaning they can be filed as either a misdemeanor or felony.

Protective Orders and Restraining Orders

In nearly all domestic violence cases, the judge issues a criminal protective order, which may:

  • Prohibit all contact

  • Allow peaceful contact only

  • Restrict communication with the alleged victim

Even if the alleged victim objects, the judge typically issues the order anyway. Violating a protective order is a separate criminal offense.

Pretrial Proceedings

After the arraignment, the court schedules one or more pretrial hearings.

During pretrial:

  • Evidence is exchanged

  • Motions may be filed

  • Negotiations occur

If the case is weak or the victim refuses to cooperate, prosecutors may:

  • Reduce charges

  • Offer diversion or probation

  • Dismiss the case entirely

Trial in a Domestic Violence Case

If no agreement is reached, the case proceeds to trial.

At trial:

  • The prosecutor must prove guilt beyond a reasonable doubt

  • The alleged victim may or may not testify

  • Prior statements may be admitted under certain exceptions

The jury (or judge) then decides whether the defendant is guilty or not guilty.

Why Early Legal Representation Is Critical

Domestic violence cases move quickly and have immediate consequences:

  • Jail exposure

  • Protective orders

  • Firearm prohibitions

  • Immigration consequences

  • Child custody issues

An experienced criminal defense attorney can:

  • Intervene before charges are filed

  • Challenge unlawful arrests

  • Fight restraining orders

  • Negotiate dismissals or reductions

Get Help With a Domestic Violence Case in Los Angeles

If you or a loved one has been arrested for domestic violence, early legal intervention can make the difference between dismissal and conviction.

Contact The Hedding Law Firm for experienced representation in domestic violence cases throughout Los Angeles County.

📞 Call (866) 986-2092 for a confidential consultation

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