The first court hearing after a domestic violence arrest isn’t just a formality, and for many people it’s one of the most anxiety-inducing days of their life. You walk into that courtroom not knowing if you’ll be sent home or sent to jail, not knowing if you’ll be allowed to see your children, not knowing what’s going to happen to your job or your future or your name.
And if this is your first time facing criminal charges, you’re likely overwhelmed, sleep deprived, and desperate for answers.
This guide is for this exact moment. Whether you were arrested unfairly, caught in a heated argument that got out of hand, or are trying to make sense of what your rights are now, you deserve to know exactly what to expect when your name is called and your case begins.
Before we move forward, take a moment to read our in-depth guide: [What Is a Domestic Violence Restraining Order in California?] It explains every stage of the legal process, from the initial filing to what happens in court, and shows how the right defense can make all the difference.
At Sitkoff Law Group, we’ve sat on both sides of that courtroom. We’ve prosecuted these cases. We’ve defended against them. And we’ve helped people just like you walk in prepared and walk out stronger.
Here’s what really happens and why every step matters.
The Courtroom: What It Feels Like
Your first court hearing is called the arraignment. For most people, it feels like entering a world you were never supposed to see.
The courtroom is quiet, cold, and formal. Bailiffs stand by the walls. The judge sits high above the floor. Your name is called, and in just a few minutes, everything about your case will begin to take shape. You may only speak a few words, but those words carry weight.
If you’re not represented by a private attorney yet, a public defender may be assigned to you that day. But if you’ve already hired counsel, your attorney will be by your side to speak for you, guide you, and protect your rights.
Before we go further, would you like to speak with a former district attorney about your case?
If you or a loved one has just been arrested for domestic violence in Los Angeles, timing is critical. We offer a free, confidential consultation to help you understand your legal options and take immediate steps to protect your future.
What Happens During the Hearing
The process may feel fast, but each part is crucial. Here’s what you can expect.
Formal Charges
The judge will read the formal charges filed against you. If you were arrested under California Penal Code Section 243(e)(1) or 273.5, this is where those charges become official. The language may sound intimidating. “Battery.” “Injury.” “Intent to harm.” You don’t have to respond to the accusations, but you do need to enter a plea – usually “not guilty” at this stage.
Bail
Bail may be reviewed or modified. If you’re still in custody, your attorney may argue for release or for a lower bail amount. If you’re already out, the judge may still impose conditions like no contact with the alleged victim or mandatory check-ins.
Criminal Protective Order
A Criminal Protective Order may be issued. This is where it gets personal. The judge can order you to stay away from the alleged victim, even if that person lives in your home or is the parent of your child. Some orders allow peaceful contact, while others ban all communication, including texts and phone calls. Violating this order can lead to new charges, even if the other person initiates contact.
Next Court Date
Finally, the next court date will be scheduled. This could be a pretrial hearing or readiness conference. It gives your attorney time to gather evidence, speak to witnesses, and start shaping your defense strategy.
What This Hearing Doesn’t Decide
It’s important to understand that your first court hearing isn’t a trial. The judge won’t hear testimony. There will be no witnesses or evidence presented in detail. No one is found guilty or innocent during an arraignment. But what is decided are the ground rules and they can shape your case for months to come.
Whether you go home or stay in jail. Whether you can see your children or not. Whether the prosecution feels confident or concerned about moving forward.
All of that is decided in the space of minutes.
How to Prepare Emotionally and Legally
The emotional toll of this hearing is often underestimated. You may be scared, embarrassed, or angry. You may see someone you love sitting on the other side of the room and not be able to speak to them. You may feel exposed, judged, or misunderstood. All of that is valid.
But what matters most is that you walk in prepared.
Dress respectfully. Be calm. Let your attorney do the talking. Every look, every word, every gesture in that courtroom is being observed by the judge, the DA, and even the courtroom staff. Showing respect for the process doesn’t mean admitting guilt – it means showing maturity and control.
Bring all documentation. If you have texts, photos, receipts, or witness information that can support your defense, bring them to your attorney in advance. This isn’t the time to argue your case in public – it’s the time to give your lawyer the tools to argue it in private.
Listen closely. The judge’s orders at this stage are binding. Violating them even accidentally can escalate your situation fast.
From the Victim’s Perspective
If you’re the victim in the case, this first hearing can feel just as terrifying. You may want the case dismissed. You may want more protection. You may not know what you want. That’s okay.
You have the right to be present. You have the right to speak to the court through a victim advocate or attorney. And you have the right to request modifications to protective orders, especially if the initial arrest didn’t reflect your current wishes.
You aren’t required to testify or make a statement at this hearing, but your voice still matters. If you need help understanding your rights, local victim advocacy groups or a family law attorney can help guide you.
Why Legal Representation Matters From Day One
The biggest mistake we see defendants make is assuming the first hearing “doesn’t really matter.” It matters more than most realize, because what happens in that room sets the tone for the rest of your case.
It determines whether the prosecution sees you as just another file on their desk or as someone who’s taking this seriously. It determines how aggressively your bail is set. It determines how restricted your personal life becomes moving forward.
At Sitkoff Law Group, we don’t just help you survive your first court appearance; we help you use it to your advantage. We craft legal and human strategies that remind everyone in that courtroom that you are not your worst moment. You’re a person with a story, a family, and a future worth fighting for.
Final Thoughts From Sitkoff Law Group
A courtroom isn’t a place where you want to find yourself. But if you do, you need more than hope – you need a plan.
At Sitkoff Law Group, we’ve built our practice on guiding people through the toughest moments of their lives. Our team includes former prosecutors who know exactly how the other side thinks and how to challenge them at every turn.
We know the law. We know the courts. And most importantly, we know how to help good people move forward.
If you’re facing your first domestic violence hearing in California, don’t go in alone. Reach out to a team that knows how to protect your future with clarity, compassion, and courtroom strength.
Talk to us today. The consultation is free, confidential, and can change the course of your case.
Disclaimer: This article is intended for informational purposes only and does not constitute legal advice. Reading this blog does not create an attorney-client relationship. Every case is different, and results may vary. Please consult a qualified attorney for advice specific to your situation.
