If your spouse, partner, or family member was just arrested for domestic violence in Southwest Riverside County, the next 48 hours will shape the case. An Emergency Protective Order is already in effect. The alleged victim has been advised not to communicate with the defendant. A criminal protective order will be issued at arraignment within two court days. Bail is being calculated. The decisions you and the defendant make right now — what to say, what to do, what to avoid — will affect everything that follows. This guide walks through the specific actions to take in the first 48 hours after a DV arrest in Murrieta, Temecula, Menifee, Lake Elsinore, Wildomar, Winchester, Canyon Lake, or French Valley. For the broader legal framework — statutes, penalties, defense strategies — see our domestic violence practice area page.
Hour 0 to 2 — The Arrest and What Happens Immediately
California has a mandatory arrest policy in suspected domestic violence cases. When police respond to a DV call in Murrieta, Temecula, or anywhere served by the Riverside County Sheriff’s Department, the default outcome is arrest of the party officers identify as the dominant aggressor — regardless of whether the alleged victim wants charges pressed. By the time you receive a call from your loved one (or from a relative who saw the arrest), the following has typically already happened:
An Emergency Protective Order (EPO) has been issued at the scene. The responding officer requested the EPO from an on-call magistrate, and it is in effect immediately. The EPO bars the defendant from any contact with the alleged victim — no calls, no texts, no third-party messages, no return to the home if they share a residence. The EPO lasts up to seven days, bridging the period until the criminal protective order is issued at arraignment.
The defendant has been transported to the Cois M. Byrd Detention Center in Murrieta for booking. The booking process takes several hours. Phone calls become available after booking is complete.
The case has been referred for charging review. The Riverside County District Attorney’s Office reviews the arrest report and decides what charges to file. Charges may be filed within hours, or — particularly in lower-level cases — they may not be filed until arraignment is set.
Hour 2 to 12 — What NOT to Do (Critical)
The single most damaging period in any DV case is the first 12 hours after the arrest. The decisions made here cannot be undone. The defendant — and the family — must avoid each of the following:
Do not contact the alleged victim, in any way, for any reason. Not by phone. Not by text. Not by social media direct message. Not through a third party. Not through a child. Not by showing up at the residence to retrieve belongings. The EPO is already in effect, and any contact — even contact the alleged victim invites or initiates — is a new criminal offense under PC § 273.6. We have seen otherwise winnable cases destroyed by a single “are you okay?” text sent in the hours after the arrest.
Do not make any statement to investigators. A defendant in custody at Cois M. Byrd may be approached by investigators wanting to “hear your side.” Politely decline. State that you are exercising your right to remain silent and request an attorney. Repeat this if necessary. Do not explain, do not justify, do not clarify, do not say anything beyond requesting counsel.
Do not discuss the case on jail phone calls. Every call from Cois M. Byrd is recorded and may be reviewed by the prosecution. Calls between the defendant and family members frequently become exhibits at trial. Anything said about the incident, the alleged victim, the defense, the prosecution, or anything else case-related can and will be used against the defendant. Limit jail calls to logistical matters — bail, family, work coverage — and avoid case discussion entirely. The same applies to calls placed by the defendant after release: until the case ends, assume any communication is potentially in evidence.
Do not delete social media posts, messages, or content. This is critical and counterintuitive. The instinct to clean up social media after an arrest is overwhelming. Acting on it creates spoliation-of-evidence exposure under Penal Code § 135 and consciousness-of-guilt evidence at trial. For the full discussion of why and what to do instead, see our post on social media and your criminal case.
Hour 12 to 24 — What the Family Should Do
While the defendant is in custody, family members can take several actions that materially help the case:
Secure any firearms in the home. A misdemeanor or felony DV conviction triggers a permanent federal firearms ban under 18 U.S.C. § 922(g)(9) — the Lautenberg Amendment. The court at arraignment will also typically order surrender of any firearms in the defendant’s possession or control. Family members should locate and secure all firearms in the home — not in the alleged victim’s residence if separate — and be prepared to surrender them to law enforcement or transfer them to a licensed dealer or qualified third party as required. Doing this before arraignment, rather than scrambling after, removes one source of complication from the case.
- Gather financial documentation for bail. Riverside County maintains a bail schedule for DV offenses. Bail for misdemeanor PC § 243(e) is typically in the range of a few thousand dollars; bail for felony PC § 273.5 is substantially higher, often $50,000 or more depending on alleged injury and prior history. The defendant or family will need proof of income, savings, or property to support bail or to support a bail review motion if the schedule amount is unaffordable.
- Arrange childcare and household coverage. If the defendant is the primary caregiver for children or has work obligations that cannot be missed, those arrangements need to be made now, before arraignment. This is also relevant to bail and protective order arguments — courts consider hardship in setting bail and in crafting protective order conditions.
- Do not visit or attempt to communicate with the alleged victim. This is worth repeating. Even well-intentioned family members reaching out to the alleged victim to “check on her” or “smooth things over” is an EPO violation if traceable to the defendant, and creates witness intimidation exposure independently.
- Contact a defense attorney. The earlier in the 48-hour window an attorney is retained, the better the outcome. Pre-arraignment representation allows the attorney to coordinate bail strategy, prepare protective order arguments, and in some cases communicate with the District Attorney’s office before final charging decisions are made.
Hour 24 to 48 — The Pre-Arraignment Window
Felony arraignments occur within two court days (48 hours, excluding weekends and holidays) of arrest under Penal Code § 825. A defendant arrested Friday night may not be arraigned until Monday or Tuesday. The pre-arraignment window is the time when a defense attorney can:
- Review bail schedule and prepare for a bail review motion if necessary
- Prepare arguments on the protective order conditions
- In some cases, communicate with the assigned prosecutor about the charging decision before it is finalized
- Coordinate the appearance at arraignment, including any documentation the court will want
For an out-of-custody defendant (released on bail or own recognizance before arraignment), the pre-arraignment window is the time to retain counsel and prepare for the first court appearance. For an in-custody defendant, the family member’s role is to retain counsel and provide the attorney with the information needed for an effective arraignment.
At Arraignment — The First Court Appearance
DV arraignments in Southwest Riverside County occur at the Southwest Justice Center at 30755-D Auld Road in Murrieta. At arraignment, the court will:
Advise the defendant of the charges. The criminal complaint is read or waived. The defendant is informed of constitutional rights.
Take an initial plea. Typically not guilty at arraignment unless a resolution has been pre-negotiated. The plea can always be changed later.
Issue a criminal protective order under PC § 136.2. This is the order that replaces the EPO and continues throughout the criminal case. The court has several options:
- Stay-away order — bars all contact with the alleged victim
- No-negative-contact order — permits contact but only “peaceful” contact, no harassment, threats, or violence
The distinction matters enormously. A stay-away order separates a defendant from spouse, children, residence, and shared accounts for the entire pendency of the case — which can run months. A no-negative-contact order allows the family to function. In appropriate cases — where the alleged victim does not seek a full stay-away order and the facts support it — the defense can argue for the less-restrictive option. This is one of the most consequential decisions made at arraignment and one of the best reasons to have counsel present.
Set or modify bail. Bail set per the Riverside County schedule, or modified upward or downward based on argument from prosecution and defense.
Specific Mistakes That Make DV Cases Worse
After the immediate 48-hour window, the cases we see deteriorate most often deteriorate because of one or more of the following mistakes during the months between arraignment and resolution:
Reconciliation visits during the protective order period. Even consensual visits between defendant and alleged victim during a stay-away order are PC § 273.6 violations. We see well-meaning couples destroy otherwise viable defenses with a single visit.
Joint social media posts. Tagged photos, joint posts, public displays of the relationship — these are interpreted by prosecutors as evidence the protective order is being violated.
“Just want to talk” reconciliation meetings. The alleged victim invites the defendant to a meeting. The defendant attends. The alleged victim either records the meeting or later reports it. The defendant has now violated the protective order regardless of who initiated.
Group chats and family text threads. Communications in a group chat that includes the alleged victim — even messages not directed at her — can constitute contact under PC § 136.2.
Telling friends or extended family details about the case. Statements to third parties become evidence. The instinct to vent about the case to friends is understandable. The cost is real.
Posting about the alleged victim, even positively. Defendants sometimes post “I love and miss my wife” content during the protective order period. This is a violation. It is read by the prosecution as harassment regardless of the actual sentiment.
Talk With a Riverside County Domestic Violence Defense Attorney
The first 48 hours after a DV arrest are decisive. Every later step in the case — protective order modifications, bail arguments, plea negotiations, preliminary hearing strategy, and ultimately trial or resolution — is shaped by what happens in this window.
If your spouse, partner, or family member was arrested for domestic violence in Murrieta, Temecula, Menifee, Lake Elsinore, Wildomar, Winchester, Canyon Lake, or French Valley, getting representation engaged before arraignment is the highest-leverage action available. Learn more about attorney Nic Cocis and his 25+ years of trial experience defending Riverside County criminal cases.
Initial consultations are free and confidential. Call (951) 400-4357 today, or use the contact form below to speak directly with attorney Nic Cocis.
