Can Blocking Someone From Leaving Lead to Domestic Violence Charges in Bakersfield?

An argument between spouses or dating partners can escalate without anyone throwing a punch.

One person may try to leave. The other may stand in front of a doorway, take away the person's keys, hold a door shut, or physically prevent the person from walking away.

A common question is:

“Can I face criminal charges even if I never hit anyone?”

Depending on what happened, yes.

Domestic violence cases can involve restraint rather than injury

Physical injury is not required for every criminal charge that can arise from a domestic dispute.

If someone is accused of intentionally preventing another person from leaving when that person had the right to do so, police may investigate whether an unlawful restraint or confinement occurred.

When the people involved are spouses, former spouses, dating partners, cohabitants, or others in a qualifying domestic relationship, the allegation may arise in the context of a domestic violence case.

What does “preventing someone from leaving” look like?

The facts can vary considerably.

Allegations might involve:

• Standing in front of a doorway
• Holding a door closed
• Physically restraining someone
• Taking someone's car keys or phone
• Preventing someone from getting out of a vehicle
• Moving someone away from an exit
• Threatening someone if they attempt to leave

What actually happened—and whether the person was truly prevented from leaving—can become an important issue.

No visible injuries does not necessarily mean no case

Someone may assume that police cannot make an arrest because neither person has bruises, scratches, or other visible injuries.

But investigators may consider conduct beyond physical striking.

Police may rely on statements from the people involved, witness accounts, recordings, text messages, body-worn camera footage, and physical evidence at the scene.

The details of the encounter matter

There can be an important difference between intentionally confining someone and simply being near an exit during an argument.

Questions may include:

• Did the person actually attempt to leave?
• Was an exit deliberately blocked?
• How long did the alleged restraint last?
• Was physical force used?
• Were threats made?
• Were other exits available?
• Did anyone witness what happened?

The complete sequence of events matters.

Recordings and messages may provide important context

Domestic disputes often produce conflicting accounts.

Evidence created during or immediately after the incident may help establish what occurred.

That could include:

• 911 recordings
• Security or doorbell-camera footage
• Cell phone video
• Audio recordings
• Text messages
• Statements to witnesses
• Police body-camera footage

An attorney may compare this evidence with the allegations contained in the police report.

Additional charges may be possible

Depending on the facts, allegations of preventing someone from leaving can raise legal issues beyond the domestic violence offense a person initially expects to face.

That makes it especially important to understand exactly what conduct the prosecution alleges and what evidence supports that allegation.

What you should do now

If you are accused of preventing a spouse or partner from leaving during an argument:

1. Preserve relevant texts, videos, recordings, and other communications.
2. Identify anyone who witnessed or heard the incident.
3. Write down the sequence of events while your memory is fresh.
4. Follow any protective order or no-contact order exactly.
5. Speak with a domestic violence lawyer before making additional statements about the incident.

A case involving alleged restraint can depend heavily on details that may not be obvious from the initial police report.

Speak with a Bakersfield domestic violence lawyer today

If you are facing domestic violence charges in Bakersfield, Martens Law Firm can review the evidence, explain your legal options, and help protect your rights.

📞 Call (661) 590-0385 for a free consultation.

Written by Martens Law Firm