A domestic violence case in Escondido usually starts out with a 911 call to the Escondido police by a "victim" or witness. This triggers a fast response by the police because of the serious possible consequences that can stem from domestic violence. There are a large percent of murders in San Diego County that involve domestic situations. These calls are dangerous for those involved and for the responding officers. Tempers and passions are heated, often times alcohol is involved. The possibility that children are present can even add to the seriousness of the situation.
Once the officers arrive, they try to immediately control the scene, insure there are no weapons involved and seperate the people involved. They have the information from the 911 call, and take statements from witnesses and the individuals involved. They look for signs of violence like broken property, injuries or marks on the people involved and take photos. Based on their investigation, they arrest the person they think is responsible and that person is taken to jail and booked on either misdemeanor spousal battery or felony spousal abuse charges regardless whether the other party wants them arrested. Sometimes the investigation results in the person who called 911 being taken into custody.
Bail is set and the arrested person appears in Court for their first appearance within three Court days unless they bail out, then it is about a week later for a felony and a few weeks later for a misdemeanor arraignment. The District Attorney reviews the reports and based on the 911 call, statements and evidence at the scene, the D.A. files charges for the first court date. Even if the "victim" or spouse does not want charges filed, it is the D.A.'s decision based on the evidence not what the victim wants. Sometimes further information can be provided to the D.A. which will influence the charging decision. Christoph Law Offices have handled hundreds of Domestic Violence charges from all over North County during the 30+ years they have had their office across from Vista Courts. They know what steps need to be taken immediately to try to get the charges rejected when they are reviewed for filing and what needs to be done if charges are filed. Contact them at 760-941-5720 for a free consultation