My Spouse Called 911 While We Were Arguing. What’s Going to Happen?
The majority of domestic abuse cases involving a couple claiming family violence begin with the person alleging an attack, battery, or stalking incident dialing 911. A tape recording of the 911 call is always made. The complaining witness is aware that they have an open police call, but the person who may be detained and prosecuted with domestic assault is unlikely to be aware.
The 911 call audio will almost always be played in front of the jury to prejudice the person accused of domestic abuse. A California Superior Court Judge may listen to the 911 call and decide whether to issue a protective order, such as a domestic violence restraining order.
The police will come at the call’s location if the 911 call is not completed, or if either the person who called or another person hangs up the phone. If one or both of the parties involved attempt to cancel the police response, officers will be dispatched to the residence. A well-being check is a tactic employed by law enforcement authorities to deal with unfinished 911 calls.
When police respond to a domestic violence incident, they must undertake an investigation and will want to interrogate all parties involved as well as any witnesses separately. Typically, more than one officer will arrive, and each will question one of the participants separately in a separate room. If room is restricted, the officers will spread the players apart as much as possible, with their backs to each other. This is done to draw the officers’ attention away from the other party involved and allow them to see each other for officer safety.
After interrogating each of the individuals involved, the police will conduct a conference and decide what to do about the incident. One of the officers is normally the investigating officer, and he or she will write the main report. This could be due to the dispatcher assigning the officer to the incident, the officer being responsible for the geographic area, it being that officer’s turn to write the report if the officers arrived in the same car, or one officer being a better writer than the other and writing the reports the majority of the time.
Typically, police will ask if any of the parties involved in a domestic violence event require medical attention. The existence and absence of injuries arising from a domestic violence incident in the residence will be documented on particular report forms and via image. If a person has been arrested for domestic battery and the police have not taken photographs of them, they should be photographed and documented. Because bruising may grow more pronounced with time, photographs of injuries experienced in a domestic violence case should be taken every day for a week or more.
Law enforcement officers may purposefully or mistakenly omit to photograph the arrestee’s injuries, resulting in a one-sided presentation. Some injuries are defensive, while others are offensive. Common offensive injuries to the hands and knuckles can be utilized to establish who was the primary aggressor. Penal Code Section 1054 requires a lawyer representing a client accused of domestic violence to share evidence with the prosecutor, just as the prosecutor is required to share all information with the defense.
Following the review of the domestic abuse reports by the district attorney or other prosecutor, a legal document known as a Complaint is drafted, and the criminal case is filed in Superior Court.
The person who was arrested or investigated for domestic battery will be expected to appear in court to address the allegations. The Arraignment is the first appearance.
