How the System Arrests and Prosecutes Male Victims of Domestic Violence 

Written By Joshua Mulligan

By Joshua Mulligan — Indio criminal defense attorney (State Bar Board‑Certified). Domestic‑violence defense and restraining‑order cases at the Larson Justice Center and across the Coachella Valley.

Who this is for?

If she hurt you and you got arrested, read this. If you’re facing a false report or a restraining order filed to control you, read this. If you told the truth and were treated as the suspect, this is for you. I’m a criminal defense attorney in Indio handling domestic‑violence and restraining‑order cases at the Larson Justice Center and across the Coachella Valley. Below is what the data show, what I see in local cases, and what actually helps men protect themselves.

The facts in brief

  • Men are often victims. The CDC reports about 1 in 3 men have experienced contact sexual violence, physical violence, or stalking by an intimate partner at some point in life. Among men who suffered intimate‑partner rape, physical violence, or stalking, the perpetrators were mostly female. (CDC NISVS, 2024)

  • Year‑to‑year prevalence is lower but real. The Bureau of Justice Statistics estimates intimate‑partner violence affected about 0.10% of persons in 2023 (annual prevalence). (BJS, Criminal Victimization 2023)

  • System response differs by victim sex. In a national study of police response to reported domestic‑violence incidents (2006–2015), arrest/charges were more likely when the victim was female (42%) than male (30%), and the gap remained even when injury levels were similar. Police follow‑up was also lower in male‑victim cases. (BJS, Police Response to DV, 2006–2015)

When a partner uses the system against you (plain‑English summary of the research)

What researchers measured. A 2015 peer‑reviewed study created a checklist for how an abusive partner can use legal and administrative systems to harm someone. Examples include: false police reports, threats about child custody or money, and smearing your reputation with authorities or employers. (Hines, Douglas & Berger, 2015)

Who was studied. Two groups: a general U.S. sample (1,601 people) and a help‑seeking group of men who said they were abused by female partners.

What the help‑seeking men reported (not general‑population rates):

  • Threats to misuse the system: about 9 in 10 said this happened at least once.

  • Actual misuse: about 8 in 10 said it actually happened.

  • Threats to make false accusations to police/authorities: ~73%

  • Threats to falsely accuse of child abuse: ~40%

  • Actual false accusations to police/authorities about partner abuse: ~56%

  • Actual false accusations of child abuse: ~26%

What this means for you. These numbers come from men who already reached out for help, so they are not nationwide rates. They do show clear, documented patterns you can expect and prepare for: threats to call first, false reports, custody pressure, and reputation attacks. Save proof.

More evidence. Interviews with 16 male victims found common problems when contacting police and the courts: not being believed, fear of being arrested, reluctance to charge abusive female partners, and custody manipulation. (Dim & Lysova, 2021/2022)

In my practice as a criminal defense attorney in the Coachella Valley, I have repeatedly seen these patterns in domestic‑violence cases and restraining‑order matters at the Larson Justice Center in Indio, including cases from Indio, Palm Desert, La Quinta, Coachella, and across Riverside County.

California’s rule on the “dominant aggressor” (Penal Code §13701(b))

California requires every agency to have a domestic‑violence policy that discourages dual arrests and tells officers to identify the dominant (primary) aggressor—the most significant aggressor—by looking at history, threats, injuries, and self‑defense. (PC §13701(b)) Research linked to the National Institute of Justice shows these laws reduce dual arrests; in some places they also lower the chance of any arrest at the scene. (NIJ summary of Hirschel & Deveau, 2017)

Bias and mutual‑accusation calls. In practice, when both people claim self‑defense or there are minor injuries on both sides, men can face a higher risk of being arrested—even when the man was defending himself. Factors that push decisions this way include who called first, who appears more upset, visible marks at the moment of contact, and stereotypes about who is likely the aggressor. The dominant‑aggressor rule is meant to correct for this by requiring officers to consider history, threats, injuries, and self‑defense, but it is not always applied carefully in the field.

Local experience. In my practice in the Coachella Valley—including cases at the Larson Justice Center in Indio—I have seen several cases where a man was arrested not for hitting his partner, but for briefly restraining her to stop an ongoing attack. Those arrests often occurred in chaotic scenes with cross‑claims and minor injuries on both sides.

What to do at the scene and after. If you defended yourself or restrained your partner to stop an attack, ask that your injuries be photographed, point out witnesses, and identify messages or prior reports that show the history. Ask that the report reflect your self‑defense claim and request that the predominant‑aggressor analysis be documented under PC §13701(b).

Bottom line: Your goal is to show the pattern over time, not just a single event. Provide material that helps an officer or judge see who has been driving the abuse.

What to do right now if your partner is using the system against you

  1. Get safe and get help. If you are in immediate danger, call 911. For confidential support, contact the National Domestic Violence Hotline at 800‑799‑SAFE (7233) or thehotline.org.

  2. See a doctor and take photos. Photograph injuries and property damage. Keep dates and times.

  3. Save messages and records. Keep texts, emails, call logs, voicemails, social‑media messages, location history, and doorbell/camera video. Back everything up.

  4. Collect third‑party proof. Ask neighbors, friends, or coworkers to write down what they saw or heard. Do not coach anyone.

  5. Do not violate orders. If there is a restraining order, follow it even if your partner contacts you.

  6. Tell your lawyer about threats to call first or to lie. Screen‑shot messages. Save call recordings if lawful in your state.

  7. Avoid statements without counsel. Do not “explain things” to police or investigators without legal advice.

How we handle these cases at the Larson Justice Center

  • We move fast on body‑worn camera, 911 audio, CAD logs, dispatch notes, and prior calls.

  • We build a timeline using messages, medical records, and witnesses.

  • When needed, we ask for targeted no‑contact modifications that protect safety and reduce the risk of technical violations.

If you are in Palm Springs, Indio, Palm Desert, La Quinta, Coachella, or in the High Desert, we can review your materials and give you a plan.

Sources you can check

This post is for information only and not legal advice. If you’re facing a domestic‑violence case or cross‑accusation in Riverside County or anywhere in the Coachella Valley, contact State Bar Board Certified Criminal Law Specialist Joshua Mulligan for a confidential consultation.

 

Joshua Mulligan
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Why are Prosecutors at the Larson Justice Center so Harsh?