Domestic violence cases in Vista, Oceanside, Carlsbad and throughout North County tend to increase during the holiday season. There are many possible factors relating to this increase. Alcohol use is often present in these situations and consumption of spirits always increases significantly during the holiday season. There is also the added stress of faimily gatherings. Many times a husband or wife simply calls the police to talk to their significant other, not realizing the nearly every time police are called to a “DV” (domestic violence) scene, someone is going to jail.
Even if the reporting party does not want the other person arrested, they are taken to jail. There were too many incidents in the past where after a “talking to” by the police and the officers leave, the situation escalated and someone was seriously hurt or killed. Now, in an abundance of caution, officers respond, investigate and remove the aggressor. There have been times when the person who called 911 to report domestic violence is determined to be the aggressor and arrested. These DV arrests are even “used ” by people in divorce and child custody proceedings and the process can be abused.
In many situations, the reporting spouse does not want to prosecute, but that decision is not theirs, it is the District Attorneys (D.A.). The “victims” input is important but does not control the prosecution. Christoph Law Offices have over 40 years of experience with these cases and often times can make a difference in the filing decision by the D.A. if contacted early enough with information or factors which may not have been overlooked at the time of the arrest. Call 760-670-3885 for a free consultation and let us help you get the best resolution of your case.