When the police arrive

When someone is either directly involved in or witnesses a domestic violence situation and calls the police or 911, police officers will be dispatched to the scene. Before the officers even begin asking questions, they will likely make two assumptions - first, if a man and a woman are present, it was the woman who was abused and second, that whoever placed the call to the police is the "victim" and the other partner is the "abuser, batterer or offender". Once they have made those assumptions, they will begin questioning the partners in the attempt to verify their assumptions. During this process, it is best to remain silent until an attorney is present.

In California, intimate partner abuse is taken very seriously. When the police are called to investigate a charge of domestic abuse, it is likely that someone will be arrested. Even if the individual who first called the police changes his or her mind and tells the officers that the call shouldn't have been placed, it will not matter. Once that first call is made and the police are involved, the case takes on a life of its own and it is only the prosecuting agency and the judge who have any control over the charges. The partner who made the call cannot tell the police that he or she doesn't wish to "press charges" or that he or she wants to "drop the charges" because that individual gave up control of the situation as soon as the police were called.

Once the police arrive they will begin asking questions to uncover the chain of events that led to the call for their help. They will most likely question each partner (and any witnesses who are present) individually and out of the presence of the other(s) to make sure that each party tells his or her side of the story. The officers will repeatedly ask the same questions in an effort in break the individual down to expose any lies or discrepancies in that individual's account. It is generally impossible to talk one's way out of this type of investigation and, therefore, one shouldn’t even try to do so. The best advice is to politely advise the police that an attorney must be present before questions will be answered. This is why it is imperative to contact a skilled criminal defense lawyer from The Kavinoky Law Firm immediately after the police are called to the scene.

Although it is difficult, it is critical that the partner being accused remains silent. It is human nature to try to defend oneself by explaining one's actions, but it is essential not to reveal anything that may inadvertently be incriminating. The accused must not make any admissions, even if that means that he or she will be arrested, as one's silence cannot be used against him or her in court.

In addition to questioning the parties, the police will conduct a visual sweep of the scene for obvious evidence of domestic violence (holes in the wall, broken furniture, visible injuries, etc.). They will also seek to remove any firearms or other weapons from the home. The officers will also give information to the "victim" about restraining orders. It is in the best interests of the suspect to remain silent throughout this investigation and to simply let the officers do their jobs. Aside from insisting upon a criminal defense attorney, silence is the best policy.

Being accused of a domestic violence offense is scary and overwhelming. Contacting a compassionate yet aggressive attorney should be the first step in the process. An attorney from The Kavinoky Law Firm will not only help the accused navigate through the justice system with ease and understanding but will also provide the best representation available. Click here for a free consultation.