Domestic Violence, Orange County Arrests

One of the most common criminal filings by the District Attorney’s office in Orange County is crime related to Domestic Violence (DV). These are 273.5 Misdemeanor/ Felony; 243 (e)(1) Battery co-habitant or spouse, 242 Battery, 240 Assault among others. What most people do not know is that when the police agency receives a Domestic Violence call – some one is going to jail. The law requires the officer to determine who is the “primary aggressor” (often the male – no matter who calls). The primary aggressor is arrested.

The arrest will be for a felony. An officer cannot arrest you for a misdemeanor he did not witness, so the crime will be classified as a felony. Only if the officer observes the offense can he make a misdemeanor arrest. Bail will always be set as a felony level – usually $20,000.

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