Identifying the “Primary Aggressor” in a Domestic Violence Context – Part 3 of 3 – California Penal Code 13701

By: Wallin & Klarich

Have you been accused of domestic violence? Is it alleged that you caused injury to your current or former spouse or cohabitant? If so, you need an experienced advocate by your side, starting now. Police officers are trained to arrest the “primary aggressor” when responding to a domestic dispute. In making such a critical determination, several relevant inquiries arise.

First, who is the 911 reporting party? Who in the relationship poses the most danger to the other? Who has motive to lie or retaliate? Is either party under the influence of alcohol or drugs? As you can see, these questions do not lend themselves to an officer’s snap-judgment. As such, you must seek legal counsel in an effort to provide clarity on the real and true facts and circumstances of the incident.

An experienced California domestic violence attorney understands the factors relevant to making a “primary aggressor” determination. These factors go well beyond an immediate determination and arrest based solely on relative sex, height, or weight of each party.

In order to make sure that your rights are accurately and aggressively defended after being charged with domestic violence in Southern California, you should contact the experienced Southern California criminal defense law firm of Wallin & Klarich. Our attorneys have been helping those accused of crimes for more than 30 years. Wallin & Klarich has the legal resources and knowledge to assist you in obtaining a successful outcome. This concludes our 3 part series on Primary Aggressors in Domestic Violence. Call Wallin & Klarich today at 888-280-6839 or visit to find out more about how we can help. We will be there when you call.

Posted In: Criminal Defense