When Police Are Called To A House
Penal Code 13701 — policies that encourage arrest, and the dominant aggressor rather than the first
The policies. Law enforcement policies encourage the arrest of domestic violence offenders where there is probable cause, and require arrest, absent exigent circumstances, where there is probable cause that a protective order has been violated. They discourage, when appropriate, but do not prohibit, dual arrests.
The dominant aggressor. Peace officers make reasonable efforts to identify the dominant aggressor in any incident, the person determined to be the most significant, rather than the first, aggressor.
The citizen's arrest. On any domestic violence call, the officer makes a good faith effort to inform the victim of the right to make a citizen's arrest, unless the officer makes an arrest for the specified domestic battery offenses.
The offenses themselves, protective orders, and release conditions are set out in other sections that are not on this page. What happens in a particular case is a question for a licensed California attorney.
Sources for this section (2)
- Penal Code 836 — Arrest by a peace officer, with or without a warrant
- Penal Code 13701 — Domestic violence arrest policies, and the dominant aggressor
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed California attorney.