Can You Be Arrested for Domestic Violence in Bakersfield If the Other Person Doesn't Want to Press Charges?

One of the biggest misconceptions about domestic violence law is that the alleged victim decides whether criminal charges are filed.

Many people ask:

"If they don't want to press charges, can I still be arrested?"

In Bakersfield, the answer is yes.

"Pressing charges" is largely a myth

Unlike what many people see on television, private citizens generally do not decide whether criminal charges are filed.

Instead:

• Police determine whether an arrest is appropriate.
• The prosecutor decides whether to file criminal charges.
• The alleged victim's wishes are only one factor that may be considered.

This surprises many people after a domestic dispute.

Why arrests still happen

If officers believe they have probable cause that a crime occurred, they may make an arrest even if the alleged victim says:

• "I don't want anyone arrested."
• "I just wanted the police to calm things down."
• "I don't want to press charges."

The decision ultimately belongs to law enforcement and the prosecutor.

What evidence may be considered?

Police and prosecutors may rely on:

• Statements made at the scene
• 911 recordings
• Body-worn camera footage
• Photographs
• Witness statements
• Physical evidence

Even if the alleged victim later changes their position, the case may continue.

Why early legal help matters

Domestic violence cases often move quickly after an arrest.

Early legal representation can help:

• Preserve favorable evidence
• Identify weaknesses in the prosecution's case
• Protect your rights throughout the investigation

Waiting can make defending the case more difficult.

What you should do now

If you were arrested for domestic violence in Bakersfield:

1. Do not assume the case will disappear on its own.
2. Follow every court order carefully.
3. Do not contact the alleged victim unless legally permitted.
4. Preserve any evidence that supports your version of events.
5. Speak with a domestic violence lawyer as soon as possible.

Speak with a Bakersfield domestic violence lawyer today

If you have been arrested for domestic violence in Bakersfield—even if the other person did not want to press charges—Martens Law Firm can review your case and explain your legal options.

📞 Call (661) 336-9335 for a free consultation.

Written by Martens Law Firm