Can You Be Arrested for Domestic Violence If Both People Were Fighting in Bakersfield?

One of the most frustrating situations in a domestic violence case is when both people were involved in the argument or physical struggle.

A common reaction is:

“We were both fighting—how am I the one who got arrested?”

In Bakersfield, this happens more often than people expect.

Police are required to identify a “primary aggressor”

Even when both people were involved, officers are trained to determine a primary aggressor.

This does not necessarily mean:

• The person who threw the first punch
• The person who called the police
• The person who appears more upset

Instead, officers try to decide who posed the greater threat.

What factors do police consider?

To identify the primary aggressor, officers may look at:

• The severity of any injuries
• Whether one person acted in self-defense
• Statements from both parties
• Witness accounts
• Prior history between the individuals
• Signs of escalation

These decisions are often made quickly and under pressure.

Why only one person is usually arrested

In many cases, officers will arrest just one person—even if both were involved.

This is because:

• The law discourages “dual arrests” in many situations
• Officers are expected to make a judgment call
• Safety concerns drive decisions at the scene

That judgment is not always perfect.

Why these cases can be complicated

Mutual conflict cases often involve:

• Conflicting accounts of what happened
• Emotional or incomplete statements
• Limited physical evidence
• Situations where both parties share responsibility

Because of this, what happened at the scene may not tell the full story.

What you should do now

If you were arrested after a mutual fight in Bakersfield:

1. Do not assume the arrest tells the whole story
2. Avoid contacting the other person about the case
3. Preserve texts, messages, and other evidence
4. Document your version of events immediately
5. Speak with a domestic violence lawyer as soon as possible

Early action can help ensure your side is properly considered.

Speak with a Bakersfield domestic violence lawyer today

If you were arrested for domestic violence in Bakersfield after a situation where both people were involved, Martens Law Firm can review your case and help you understand your options.

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

Written by Martens Law Firm