A domestic-violence arrest usually comes with an emergency protective order and a no-contact condition — and an arraignment within days.
The first steps matter, and the biggest mistake is contact with the protected person. Here is what to do.
The Protective Order and No-Contact Rule
A DV arrest is almost always followed by an emergency protective order (EPO) that bars contact with the alleged victim. Take it seriously: violating a protective order is its own crime under PC 273.6, even if the protected person reaches out to you first. If you share a home or children, a lawyer can ask the court to modify the order — but until it is modified, follow it exactly.
What Not to Do
- Do not contact the alleged victim — not in person, not by text, not through a friend. An apology is treated as an admission, and contact can be a new charge.
- Do not discuss the case with anyone but your lawyer, and not on social media.
- Do not miss the arraignment. Custody, bail, and the protective order all get addressed there.
Preserve Your Side of the Story
Photograph any injuries on you and date the photos. Save texts, emails, and voicemails that show the context or contradict the allegation. Write down the names and numbers of anyone who saw what happened. In DV cases the evidence is often a matter of competing accounts, and the corroboration you preserve early can change the outcome.
The Charges and Who Decides
Domestic violence in California is charged most often under PC 243(e)(1) (domestic battery, no injury required) or PC 273.5 (corporal injury). One thing surprises most people: the alleged victim cannot ‘drop the charges.’ Only the District Attorney decides whether to file and whether to dismiss — see can domestic violence charges be dropped in San Francisco.
Get a Lawyer Before Arraignment
The arraignment sets bail, custody, and the shape of the protective order, and it comes fast. A lawyer at arraignment can argue against a no-contact order that would lock you out of your own home, preserve every challenge, and start the negotiation early. See our domestic violence defense page.
Frequently Asked Questions
Can the victim drop domestic violence charges in California?
No. Only the District Attorney decides whether to file domestic-violence charges and whether to dismiss them. The alleged victim's wishes are considered but are not controlling — the case belongs to the People, not to the complaining witness.
What is an emergency protective order after a DV arrest?
An emergency protective order (EPO) is a short-term court order, usually issued right after a domestic-violence arrest, barring contact with the alleged victim. Violating it is a separate crime under PC 273.6, even if the protected person initiates the contact.
Can I go home after a domestic violence arrest?
Not if the protective order includes a stay-away or move-out condition covering your residence. Until a lawyer asks the court to modify the order, you must follow it exactly. At arraignment, a lawyer can argue against an order that would lock you out of your own home.
What should I not do after a domestic violence arrest?
Do not contact the alleged victim in any way — in person, by text, or through a friend — because an apology is treated as an admission and contact can be a new charge. Do not discuss the case except with your lawyer, and do not miss your arraignment.
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Schedule Free ConsultationAbout the Author
Ahmed S. Hasan
San Francisco Criminal Defense Attorney · State Bar of California #364992
Ahmed S. Hasan is the founder of ASH Legal, a solo criminal defense practice based in San Francisco. The firm runs on flat-fee representation: one lawyer, one fee, from arraignment through resolution. No hourly billing. No surprise invoices.
Ahmed is a graduate of Emory University School of Law and a member in good standing of the State Bar of California (Bar #364992). His practice focuses on San Francisco misdemeanor defense — DUI, domestic violence, petty theft and shoplifting, drug possession, vandalism, trespassing, and assault and battery — with particular attention to diversion-track outcomes that end in dismissal under PC 1001.95, PC 1001.36 (Mental Health Diversion), PC 1001.80 (Military Diversion), and PC 1001.83 (Parental Caregiver Diversion).
Ahmed previously served as a post-bar clerk with the San Francisco Public Defender's Office, the city's largest indigent-defense practice. He is a member of the Asian Pacific American Bar Association of Silicon Valley.
He represents clients at the San Francisco Hall of Justice (850 Bryant Street) and the Civic Center Courthouse. The ASH Legal office is at 15 Boardman Place, Suite 301, San Francisco, CA 94103.
Free 30-minute consultations are available by phone or Zoom. (510) 545-6515 · ahmed@ashlegal.com