San Jose Criminal Law Office

Question: What if I am arrested for domestic violence?

Answer: Many couples that are not usually physically abusive to each other have found themselves facing domestic violence charges for what they believed was just an argument. While it certainly is not a crime to argue with your significant other, I have seen domestic violence arrests made over a tug of war over house or car keys, a door slammed in a spouse's face, a push, or even robust wrestling over the blankets in bed. Domestic violence arrests result in the police taking the "offending" partner to jail, even when the spouse who called the police, sometimes simply out of anger, or because "things were getting out of hand", asks the police not to arrest the party or just to give the other person a lecture. The police department is not a marriage counseling service. When 911 is dialed and a domestic violence incident is reported, officers come out to the home with the intention of investigating a crime and arresting a spousal abuser. If you have been arrested for domestic violence, you need legal assistance. The consequences involve a jail term, a period of probation, and a one year long counseling program for which absences are not excused. A conviction for domestic violence is considered a violent crime. The arrested party is almost never allowed to be released without bail, no matter what are the wishes of the "abused" party. These crimes can also result in deportation for parties who are not U.S. citizens. Needless to say, although this type of arrest can occur in a volatile argument between spouses who normally have a good relationship, a conviction for these charges will mar your relationship with your spouse and family, as well as result in a criminal record. If you have been arrested for domestic violence, do not just wait to see what happens in court.

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