Last Updated on January 28, 2025
The first court appearance you will need to attend after a domestic violence arrest is known as an arraignment. This step of the court process is one of the most important, as it allows you to hear the charges that have been filed against you, deal with bail, schedule future court dates, and re-addresses the protective order. One of the best things someone accused of domestic violence can do is to ensure they are represented by an experienced and knowledgeable criminal lawyer.
Hearing the Charges Against You
When you’re arrested for domestic violence, you usually won’t know exactly what charges are going to be filed and whether they will be misdemeanors or felonies. One of the most common domestic violence charges, corporal injury to a spouse or inhabitant, can be filed as a felony or misdemeanor. The other most common domestic violence charge, domestic battery, is always a misdemeanor, which is why it is considered less serious than the crime of corporal injury to a spouse.
Other common charges may also be filed as well, including child abuse, child endangerment, criminal threats, stalking, aggravated trespassing, restraining order violations, and vandalism, all of which can be filed as a misdemeanor or felony.
Knowing what specific law (or laws) you have been accused of violating can help you and your attorney decide on the best course of action for the rest of your case. If you’re only facing a single charge of domestic battery, for example, you might want to start thinking about a defense strategy that can help your attorney fight the accusations in the trial. If, on the other hand, you’re facing five felony charges, your best option might be to negotiate a plea bargain instead.
The prosecutor has already decided what charges, if any, to file well before the arraignment, which is why it is important to contact a lawyer right away after you learn you are being investigated or arrested for domestic violence. There may be information not contained in the police report or evidence of your injuries, which your lawyer can use to persuade the prosecutor not to file or to lower the criminal charges.
Dealing With Bail or Pre-Trial Release
If you’re still in custody, your lawyer can argue for you to be released on your own recognizance or to have the bail reduced, which is the only way many people can afford to be released from jail after their arrest. Sometimes, the judge may impose supervised own recognizance, which involves the use of alcohol or GPS monitoring devices. “Supervised own recognizance is beneficial to defendants since the government foots the bill when the judge orders these devices, but the defendant has to pay for them if they are a requirement of their bail or standard own recognizance agreement,” explains Peter Liss.
Those who have already posted bail according to the San Diego County bail schedule, usually do not need to address this issue in the arraignment. However, “judges are not limited to bail previously posted, and judges in arraignments have the independent duty to assess bail,” says Liss. “If you have an extensive prior record or the facts of the case are particularly concerning, on rare occasions, I have seen judges increase bail.” On the other hand, notes Liss, “I have been able to convince judges to exonerate (get rid of) bail after it has already been posted, so my clients were able to be released on their own recognizance or through supervised own recognizance.”
Scheduling Future Court Dates
As an administrative matter, the court will take some time to schedule other court dates, including your readiness conference, preliminary hearing, or trial date. These dates are subject to change based on the schedules of the court, defense, and prosecution, the ability of both sides to collect evidence supporting their case, and motions filed by the prosecutor and defense attorney.
Protective Orders
One of the most important matters addressed in these types of arraignments is the stay-away order, also known as a restraining order, no-contact order, or protective order. If the victim requests protection after an arrest, the police will provide the victim with a temporary stay-away order that will last for seven days. The victim may then schedule a hearing to be granted a permanent restraining order. Should they fail to do this, the court will make a decision on how to handle the stay-away order.
If the victim does not go to the arraignment, the court will usually issue a temporary restraining order prohibiting contact between the defendant and the victim until the proceedings have concluded. If the victim does appear, they may make their wishes clear, and the judge will take their wishes into account. In cases where a couple wishes to keep their family together, the victim may request a “no negative contact” order, allowing the couple to continue contact as long as the defendant does not harass, threaten, or otherwise harm him or her.
If a more standard no-contact order is issued, the defendant cannot be within 100 yards of the victim, as well as their workplace, school, or vehicle. No contact is permitted, so you cannot call, text, or email your partner at all, even through a third party, such as a friend or your attorney. Because you cannot share a home, you can arrange to have a police officer accompany you to your home to remove your belongings. In some cases, limited contact may be authorized for the custody and visitation of your children.
Violating these orders is against the law and can result in additional criminal charges. However, you can fight these accusations with your criminal defense attorney. For example, if you did not know your former partner would be at a restaurant, and you left as soon as you saw them, you can claim you did not willingly violate the stay-away order.
What Happens After an Arraignment for Domestic Violence?
Proceedings vary by state, but in California, the next step after an arraignment is typically the readiness conference, which is often considered a plea bargain meeting. Your defense attorney will present your story, evidence supporting your case, and any mitigating circumstances that may apply to the DA and judge. If the case is not resolved at this stage, your next step will be to attend a preliminary hearing if you have been accused of a felony, or a criminal trial if you were charged with a misdemeanor.
If you have been accused of any type of domestic violence charges or want more information about the arraignment process in Vista, please call Peter M. Liss at (760) 643-4050 to schedule a free consultation to discuss your case. If you were arrested in North County or an unincorporated area of San Diego, you will most likely be arraigned at the North County Courthouse in Vista, which is just across the street from his office.
