A domestic violence call in Murrieta almost always ends in an arrest, even when the officers responding have only one side of the story. California’s mandatory-arrest policies mean police officers who respond to a reported disturbance are trained to make an arrest if they find evidence of injury or a credible allegation — there’s rarely room for the situation to just “cool down” on scene.
Who the Law Considers a “Domestic” Partner
Penal Code 13700 defines domestic violence broadly enough to cover more than married couples. It applies to:
- Current or former spouses and registered domestic partners
- People who live together or used to live together
- Someone you’re dating or used to date
- The other parent of your child, even without a romantic relationship
- Certain family members, including parents, children, and in some cases grandparents
Charges We Commonly Defend
Corporal injury to a spouse or cohabitant (PC 273.5)
A felony-eligible charge requiring an actual injury, however minor, to a qualifying partner.
Domestic battery (PC 243(e)(1))
A misdemeanor that only requires unwanted physical contact — no visible injury is necessary for the DA to file this charge.
Criminal threats (PC 422)
Often filed alongside a battery charge when the alleged victim reports being threatened with harm.
Because domestic violence is a wobbler, the Riverside County District Attorney’s office decides whether to file as a misdemeanor or felony based on the alleged injury, the presence of a weapon, and the defendant’s criminal history.
Emergency Protective Orders Move Fast
Responding officers can request an Emergency Protective Order by phone, and a judge can grant one the same night — often before the accused has had any chance to explain what happened. That order can remove you from your own home and cut off contact with your children immediately. It’s typically followed by a criminal protective order if charges are filed, and separately, the alleged victim may seek a civil restraining order through family court. Sorting out which order controls, and getting it modified or lifted, is often the first priority in these cases.
Penalties on Conviction
- A permanent mark on your criminal record
- Loss of custody or visitation rights, at least temporarily
- A prohibition on owning or possessing firearms
- Probation, batterer’s intervention classes, and restitution to the alleged victim
- For felony convictions, state prison exposure
How We Build a Defense
- Self-defense — many arrests follow mutual physical altercations where the true aggressor is unclear.
- False or exaggerated reporting — allegations that surface during a divorce or custody dispute deserve close scrutiny.
- Insufficient evidence — when the only evidence is a single statement that the alleged victim later recants or contradicts.
- Procedural violations — improperly obtained statements or evidence gathered without a valid warrant can be challenged and excluded.
If You’ve Just Been Arrested
Do not contact the alleged victim, even to “explain” or apologize — a protective order will typically prohibit any contact, and violating it is a separate crime. Instead, contact an attorney immediately so we can begin addressing the protective order and the underlying charge at the same time.
Talk to Our Murrieta Domestic Violence Team
Sevens Legal Criminal Lawyers offers a confidential initial consultation to review the charges against you and outline next steps. Call or reach out online to get started.