My Spouse Called 911 While We Were Arguing. What’s Going to Happen?

Arguments between romantic partners can sometimes escalate to a point where one party needs to involve law enforcement. When emotions run high and a partner or spouse calls 911 during a heated disagreement, the consequences can be immediate and critical.

Frances Prizzia Criminal Defense Lawyers knows the gravity of people involved in such situations. We are here to guide you through the complex legal aftermath that can follow.

Knowing what to expect when the police arrive and the potential legal ramifications is essential to protecting your rights and future.

Police Response to a Domestic Violence Call

When your spouse calls 911 during an argument, law enforcement officers will likely arrive at the scene of your house within minutes. Their main concern is to confirm the safety of everyone involved.

Domestic violence incidents are taken seriously, and police are trained to assess the situation quickly. They will determine if a crime has been committed.

Even if the argument was verbal, police officers must investigate the situation in detail. They will speak to witnesses from both parties and ask for statements.

Finally, they will look for and report any signs of physical violence, injuries, or property damage. If the officers believe that domestic violence, domestic abuse, or domestic assault has occurred, they may decide to make an arrest.

What Is a Mandatory Arrest?

In California, law enforcement operates under a mandatory arrest policy for domestic violence incidents. The law means that if the investigating police officer has cause to suspect that a domestic violence crime has occurred, they are required to make an arrest of the primary aggressor. Probable cause could be based on physical evidence, witness statements, or visible injuries.

The concept of the primary aggressor is key here. Officers are trained to identify the person who was most likely the initiator of the violence. They opt for that option rather than investigating officer simply arresting both parties. Yet, determining the primary aggressor can be complicated, and mistakes or misunderstandings can occur.

What Happens If You Are Arrested?

If you are an officer arrested following a domestic violence call, you will be taken to jail and booked. An arrest can be a traumatic experience, especially if you believe you are innocent or that the situation was simply a misunderstanding. Yet, it's important to remain calm and remember that you have rights.

Once you are arrested, you will have the opportunity to post bail and be released from jail. Contacting a criminal defense attorney as soon as possible is highly recommended. An experienced attorney can facilitate your legal process. They will protect your rights and begin building a defense against any domestic violence charges you may face.

The Consequences of Domestic Violence Charges

Domestic violence charges can have heavy consequences, even if police say this was the first time an argument escalated to this level. In California, domestic abuse can be charged as either a misdemeanor or a felony. The charge depends on the severity of the incident and any prior history of violence.

If convicted, you could face penalties like jail time and fines. Probation, mandatory counseling, or anger management programs are also possible. A domestic abuse conviction can have lasting impacts on your life, including:

• Restraining orders: The other party may request a protective order. The order could prevent you from returning home, seeing your children, or contacting your spouse.
• Impact on family court matters: A domestic violence conviction can negatively affect divorce proceedings. It can also affect child custody disputes and other family court issues.
• Employment consequences: Some employers may end your employment if you are convicted of a domestic violence crime. Some jobs may need a clean criminal record.
• Loss of gun rights: A domestic violence conviction often results in the loss of your right to own or possess firearms.

Types of Charges

The following are a type of victims of domestic violence and other major charges:

• Domestic violence assault: Domestic violence assault involves causing physical harm or threatening to harm a family or household member. These charges can result from incidents ranging from minor altercations to serious physical injuries. Even if no physical contact occurred, the threat of harm can still lead to an assault charge.
• Assault against a family member: The charge specifically applies when the alleged assault is committed against a relative, spouse, or cohabitant. The relationship between the parties often elevates the severity of the charges. Convictions can carry consequences, including jail time, fines, and restraining orders.
• Aggravated domestic assault: Aggravated domestic assault occurs when the assault involves the use of a weapon or results in serious bodily injury. The charge is typically classified as a felony, leading to harsher penalties. The severity of the punishment can increase based on the extent of the injuries or the type of weapon used.
• Domestic assault impeding breath: The charge involves restricting someone's breathing or blood circulation by choking or strangling them during a domestic dispute. Due to the dangerous nature of this act, it is often charged as a felony. A conviction can lead to prison time and long-term repercussions.
• Continuous violence: Continuous violence against a family member occurs when the accused has committed two or more acts of domestic violence within 12 months. The pattern of behavior can result in a felony charge, even if each incident might have been a misdemeanor. The cumulative nature of these acts makes the penalties particularly severe.
• Domestic violence charges as misdemeanors or felonies: Depending on the nature and severity of the incident, domestic violence charges can be classified as either misdemeanors or felonies. Misdemeanors may result in less hefty penalties like probation or short jail sentences. Felony charges could lead to longer prison sentences, higher fines, and a permanent criminal record.
• Action on defense: Whether facing misdemeanor or felony charges, take steps to build a strong defense. Early intervention by an experienced attorney can help protect your rights and possibly reduce the charges or penalties. Delaying action could limit your defense options and increase the risk of a conviction.

What If It Was Just an Argument?

Many people wonder, "What if it was just an argument?" It's not uncommon for verbal arguments to become heated, but when law enforcement is involved, the situation can escalate into something more serious. Even if no physical violence occurred, police might still arrest a person if they believe there is a threat of future violence or if they find evidence of intimidation, threats, or other concerning behavior.

If you find yourself in this situation, taking it seriously and seeking legal assistance is required. A criminal defense lawyer can help you explain your side of the story and work to have charges reduced or dismissed if the evidence supports your claim that it was just an argument and not a crime.

How to Protect Yourself After a Domestic Violence Incident

If your spouse called 911 while you were arguing, it's necessary to take immediate steps to protect yourself and your future. Here are some actions you should consider:

1. Contact a criminal defense attorney: speak with a knowledgeable criminal defense attorney with experience handling domestic abuse cases. They can help you through the legal process, help you be aware of your rights, and work to build a strong defense.
2. Document everything: If you believe you were wrongly accused, gathering evidence supporting your version of events is a must. Evidence could include text messages, emails, or witness statements that show what happened during the argument.
3. Follow all court orders: If a protective order or other legal restrictions are placed on you, comply with all terms. Violating a court order can lead to additional charges and complicate your defense.
4. Avoid further confrontations: Until the situation is resolved, it's best to avoid further confrontations with your spouse or the other party involved. Any additional incidents could be used against you in court.
5. Attend all court dates: Failing to appear in court can result in a warrant. It could be issued for your arrest and weaken your defense. Ensure you attend all scheduled court dates and follow your attorney's advice when presenting your case.

Can Charges Be Dropped If My Spouse Doesn't Want to Press Charges?

No, charges cannot be dropped even if your spouse decides not to pursue the matter because the state can still proceed with the case. In California, domestic violence charges are prosecuted by the state, not by the individual.

However, the willingness of the alleged victim to cooperate with the prosecution can influence the case's outcome. Your domestic violence lawyer can work to make a deal with the prosecution and present evidence that supports your innocence or shows that the incident was not as severe as initially thought.

The Importance of Legal Representation

Facing domestic abuse charges is a critical matter that requires immediate attention. Even if the verbal argument itself was minor or if you believe the call to 911 was a mistake, the consequences of a domestic violence arrest and conviction can be life-changing.

A skilled criminal defense attorney can make a great difference in the outcome of your case. They can help you learn of the serious charges made against you, explore possible defenses, and fight to protect your rights and future. Whether you are dealing with domestic battery, domestic assault, or another related charge, having the right legal support is vital.

Contact Frances Prizzia to Know What's Going to Happen Next

If your spouse called 911 while you were arguing, what would happen next would depend on many factors. Evidence gathered by law enforcement will determine the nature of the argument and the decisions made by the prosecution. While it can be daunting and stressful, remember that you are not alone. With the right legal help, you can navigate this challenging time and work toward the best possible outcome for your case.

In times of danger like these, act quickly and seek the guidance of a criminal defense attorney who knows the legalities of domestic violence law in California. You can protect your rights, freedom, and future by taking the right steps now. Contact us at the Law Offices of Frances Prizzia to represent you in the aftermath of a spousal argument or intimate relationship.