Practice area – DV Arrest Guide
Arrested for domestic violence in Riverside County?
The first 72 hours after a DV arrest matter more than people realize. Here is what every defense attorney would tell you to do – and what to avoid.
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What you’re facing
Domestic violence arrests trigger an immediate cascade of consequences before you ever see a judge. EPOs are routinely issued at the scene, blocking you from your home and family. Booking and processing happen within hours; arraignment within 48-72 hours. The DA office begins building the case before you have an attorney. By the time formal charges are filed, decisions have already been made – about charging level, enhancements, and CPO terms. The first 72 hours are when defense work has the most leverage.
Defenses I build
The most important step is engaging defense counsel BEFORE the arraignment. I review the underlying allegations, intervene with the DA on charging decisions, advocate for reasonable CPO terms, and work to negotiate down or eliminate charges before they are formally filed. I prepare you and your family for what to expect – both procedurally and emotionally. Decisions made in the first 72 hours – what you say, who you contact, what you post – shape the rest of the case.
DV Defense Case Results
Charged With
Kidnapping + DV + ADW + GBI + 3 Strikes – Facing Life
Outcome
Time Served, No Probation
DV Defense – Riverside Co.
Charged With
Assault w/ Deadly Weapon + Great Bodily Injury
Outcome
Placeholder
DV Defense – Riverside Co.
Charged With
Take-Over Robbery, Kidnapping, 3 Strikes – Multiple life counts
Outcome
12 Years
DV Defense – Riverside Co.
Charged With
Case result available on consultation
Outcome
Placeholder
DV Defense – Riverside Co.
Charged With
Case result available on consultation
Outcome
12 Years
DV Defense – Riverside Co.
Charged With
ADW + Robbery + GBI + Gang Affiliation
Outcome
NOT GUILTY
DV Defense – Riverside Co.
Charged With
Attempted Murder – Facing 7 yrs to Life
Outcome
Misdemeanor, Time Served
DV Defense – Riverside Co.
Common Questions
What should I do immediately after a DV arrest?
California defines violent crimes broadly: murder and attempted murder, assault and assault with a deadly weapon (Penal Code 245), robbery and armed robbery, kidnapping, criminal threats, and any offense resulting in great bodily injury. Many include gang or firearm enhancements that stack additional years on top of the base sentence. Most are also Strike Offenses, meaning the conviction follows you for life and doubles your exposure on any future felony.
Can the alleged victim drop the charges?
No. Once a DV report is made, the case belongs to the District Attorney, not the alleged victim. The DA will proceed even if the alleged victim recants, refuses to testify, or asks for the case to be dropped. They will use the 911 call, body cam footage, photos, and statements. What an experienced defense attorney can do is build a case for the DA to dismiss on the merits – which is a different and often more successful path than relying on victim cooperation.
What is an Emergency Protective Order and how does it affect me?
An EPO is issued by police at the scene of a DV incident, typically lasting 5-7 days. It can require you to stay away from the alleged victim, vacate a shared residence, surrender firearms, and avoid contact. EPOs are issued routinely in DV arrests, often before you have an opportunity to be heard. Violating an EPO is a separate crime even if the underlying DV charges are later dismissed. Engaging an attorney quickly is critical to understanding what the EPO restricts and how to comply.
What Happens in the First 72 Hours
DV cases move on an accelerated timeline. Knowing what is happening at each stage helps reduce some of the uncertainty.
Hour 1-2: Arrest & Booking
Photographed, fingerprinted, processed. EPO often issued at the scene.
Hour 6-12: Holding
Released on own recognizance, given citation, or held until bail/arraignment.
Hour 24-48: Pre-Arraignment
DA reviews case. Engage defense counsel here for maximum leverage.
Hour 48-72: Arraignment
First court appearance. Charges read. CPO terms set. Plea entered.
Day 3-7: EPO Expiration
EPO expires. Civil RO may be filed by alleged victim.
Day 7-30: Pre-Filing Investigation
DA decides whether to file formal charges. Defense intervention possible.
Day 30+: Formal Case
Discovery, motions, plea negotiations or trial preparation.
What Family Members Can Do
If a family member has been arrested for DV, here is how to help:
- Call a defense attorney IMMEDIATELY – do not wait for arraignment
- Do not discuss the case on jail phones – all calls are recorded and routinely used as evidence
- Do not post about the arrest on social media or in group chats
- Gather logistics: jail location, booking number if known, charge if known
- Do not pay bail until you have talked to an attorney – bail is often negotiable, and the charges may be reduced before bail is needed
DV cases move faster than most criminal matters. The defense window between arrest and formal charging is the most consequential phase of the case. Engaging counsel early changes everything that follows.
