How Do Police Decide Who to Arrest in a Bakersfield Domestic Violence Call?

When police respond to a domestic violence call in Bakersfield, they are required to make fast decisions in a tense and often confusing situation.

One of the most important decisions they make is who to arrest.

If you were arrested and believe the situation was misunderstood, you are not alone. These decisions are often made under pressure—and without the full picture.

The “primary aggressor” rule

In California, officers are trained to identify the primary aggressor, not just the first person who used force.

This means they are supposed to consider:

• Who poses the greatest threat

• Whether one person was acting in self-defense

• The history between the parties

• The severity of any injuries

The goal is to avoid arresting someone who was simply trying to protect themselves.

Factors officers may rely on

At the scene, police often look at:

• Visible injuries

• Statements from each person

• Who called 911

• Witness accounts

• Signs of a struggle

• Emotional demeanor of those involved

But these factors can be misleading, especially in emotionally charged situations.

Why the wrong person can be arrested

Domestic violence calls are unpredictable. Officers may arrive after the incident is over and must rely on limited information.

Common issues include:

• Incomplete or inconsistent statements

• One-sided initial accounts

• Lack of visible injuries on the actual victim

• Misinterpretation of self-defense

Because of this, arrests do not always reflect what actually happened.

What happens after the arrest

Once an arrest is made:

• The case is referred to the prosecutor

• Protective orders may be issued

• Court proceedings begin

Even if the situation was misunderstood, the process moves forward quickly.

What you should do next

If you were arrested in a domestic violence call:

1. Follow all court orders strictly

2. Do not contact the other person about the case

3. Document everything you remember

4. Preserve any messages or evidence

5. Speak with a Bakersfield domestic violence lawyer immediately

Early action can help ensure your side of the story is fully considered.

Speak with a Bakersfield domestic violence lawyer today

If you were arrested for domestic violence in Bakersfield and believe the police made the wrong call, 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