If you or someone close to you has been served a domestic violence restraining order (DVRO), it is in your or his or her best interest to contact an Orange County attorney who will provide the best representation. Domestic violence is typically battery or assault that occurs between the offender and his or her significant other or relative. DVRO consists of abuse to a spouse or a former spouse, child endangerment, physical and financial abuse of a relative, cohabitant, and more.
District attorneys approach domestic violence cases with much importance, as most district attorneys’ offices have its own separate division for prosecuting and receiving severe convictions to domestic violence offenders. Sometimes offenders are still prosecuted and charged even when the victim decides to not press charges. The typical sentence for offenders is jail time despite the fact that the defendant may be a first time offender.
What Types of Restraining Orders Are There in Orange County?
Alleged domestic violence in the OC can result in a few different restraining orders. The following are the most common types:
- Usually result from police request. Can only last five business days
2. Temporary (ex parte) Restraining Order
- A temporary order that lasts until your next Order to Show Cause hearing.
3. Restraining Order After Hearing
- Can last up to five years.
An Orange County defense attorney will aid defendants by assessing if their cases are what are termed as ‘wobbler’ cases. A ‘wobbler’ case is a case that can be charged as a felony or a misdemeanor, respectively a serious or less serious charge. The objective of a domestic violence defense attorney would be to prove that your domestic violence ‘wobbler’ case is only a misdemeanor despite what the prosecution may argue.
Below are the most common of these offenses:
Corporal Injury to a Spouse or Cohabitant (Penal Code Section 273.5)
According to PC 273.5, inflicting a noticeable injury whether it is severe or even slight to your significant other, relative, or someone you are living with will result in a domestic violence charge. A case like this is a ‘wobbler’ because an attorney could argue the infliction as mild, which could change your charge from a felony to a misdemeanor.
Domestic Battery [Penal Code 243(e)(1)]
Another DV charge that could be argued as a misdemeanor is PC 243 (e) (1), which does not involve a noticeable injury. This sort of charge is strictly less severe form of assault to a cohabitant, relative, or a present or former significant other.
Assault with a Deadly Weapon (Penal Code Section 245)
One of the more severe assault offenses regardless of the victim’s relation to the offender is PC 245 where a deadly weapon is used in an abusive incident. Being charged with this offense could sentence the defendant up to four years in prison. A variable in determining the sentence is the type of weapon used. The proper defense could be the difference between serving a short amount of time in jail and years in prison.
Child Abuse (Penal Code 273d)
PC 273d deals with child abuse, which goes beyond the socially accepted form of discipline such as spanking your children occasionally and so on. These treatments to a child are considered “too cruel of inhumane.” Like previous offenses, this case may be considered a ‘wobbler’ case, as mistreatments of the child may be argued as discipline.
Child Endangerment (Penal Code 273a)
PC 273a is the charge that you put your or someone else’s child in danger while the child was put in your care.
Elder Abuse (Penal Code 368)
PC 368 stipulates that emotional and physical mistreatment and even financial exploitation of a victim who is a senior citizen, 65 years or older is considered a form of domestic violence that is highly punishable. Caregivers are usually accused with Penal Code 368 crime; however, an attorney may be successful in arguing his or her innocence.
How Long Does a Restraining Order Last?
A restraining order is an order decided by the court that a party must abstain from certain activities or keep a certain distance from a victim or the accusing party. A restraining order lasts up to the discretion of the court, which can go as long as much as five years. The first restraining order that the court provides is what is called a Temporary Restraining Order, which usually lasts up from ten days to three weeks until you must return to the court. The victim who demands more protection may request a renewal restraining order where the offender is required to serve another restraining order up to another five years.
Can an Attorney Help Me with My Restraining Order?
The answer is of course! There are many offenders who are innocent who have been charged with DV and have gone to jail or have been given a DVRO. There are even offenders who only have committed misdemeanors but have been convicted of committing felonies. These offenders did not have the good representation that our Domestic Violence Defense Lawyers can provide. You need an attorney who will provide you with the thorough examination of your case, as some important details may be missed—details that may prove your innocence or reduce your sentence in court. The sooner you hire a lawyer means the sooner he or she will be able to put together a solid defense case. Our DV Law Firm produces the best defenses in Orange County. Do not be afraid to contact us and receive a free consultation.