Skilled Representation for Those Served with a DVRO in Orange County
If you or someone close to you has been served a domestic violence restraining order (DVRO), it is in your (or their) best interest to contact an Orange County restraining order 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 cases may involve abuse of a spouse or a former spouse, child endangerment, and physical and financial abuse of a relative, cohabitant, and more.
District Attorneys approach domestic violence cases with much importance, as most District Attorney offices have a separate division for prosecuting and receiving severe convictions of domestic violence offenders. Sometimes, offenders are still prosecuted and charged even when the victim decides not to press charges. The typical sentence for offenders is jail time, despite the fact that the defendant may be a first-time offender.
Types of Restraining Orders in Orange County
Alleged domestic violence in the OC can result in a few different restraining orders. The following are the most common types:
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 5 years.
An Orange County restraining order 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 for 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.
Served with a restraining order? Do not be afraid to contact us by calling (844) 807-8180 and receive a free consultation!
Common Domestic Violence 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 a 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 to up to 4 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. These treatments to a child are considered “too cruel or 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.
Key Elements the Prosecution or Petitioner Must Prove
To secure a permanent order that can last up to five years, the petitioner must meet a specific legal burden. In Orange County courtrooms, judges look for clear evidence of the following:
A Qualifying Relationship: For a DVRO, you must prove the relationship exists as defined by the Family Code.
Recent Acts of Abuse or Harassment: "Abuse" in California is broadly defined. It includes physical injury, sexual assault, and placing a person in "reasonable apprehension" of imminent serious bodily injury. It also includes "disturbing the peace," which can encompass coercive control or excessive phone calls.
A Credible Threat of Violence: For civil harassment, the court requires evidence of a "credible threat" that would cause a reasonable person to fear for their safety.
Intentional Conduct: The court must find that the restrained person’s actions were willful and served no legitimate purpose.
The Orange County Legal Process for Restraining Orders
The process in Orange County follows a specific timeline that requires rapid response and thorough preparation.
Filing the Request: You must file the initial paperwork at one of the Orange County Superior Courthouses (Santa Ana, Fullerton, Newport Beach, or Westminster). We handle the drafting of the "sworn declaration," which is the most critical piece of evidence at this stage.
The Ex Parte Decision: A judge will review the paperwork—usually the same day—and decide whether to issue a Temporary Restraining Order (TRO).
Service of Process: The TRO is not enforceable until the other party is personally served. We coordinate with the Orange County Sheriff or private process servers to ensure service is legal and documented.
The Hearing: Approximately 21 to 25 days after filing, a full evidentiary hearing is held. This is essentially a mini-trial where witnesses testify and evidence like text messages, photos, and police reports are presented.
Renewal: Before a permanent order expires, we can petition the court to renew it for an additional five years or even permanently, without the need to prove further abuse.
Duration of a Restraining Order
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 5 years.
The first restraining order that the court provides is what is called a Temporary Restraining Order, which usually lasts from 10 days to 3 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 5 years.
Your Rights After Being Served with a Restraining Order
Right to Be Notified and Receive a Copy: You must be personally served with a copy of the restraining order paperwork, which includes the petition, notice of hearing, and temporary restraining order (if issued).
Right to a Court Hearing: You have a right to attend a court hearing, usually within 21–25 days after the order is issued. You can present evidence, call witnesses, and defend yourself at this hearing.
Right to Legal Representation: You can hire a lawyer or represent yourself ("pro se"). If you can't afford a lawyer, you can consult with legal aid services or use a self-help center at the courthouse.
Right to Challenge the Order: At the court hearing, you can argue against the order being made permanent (typically lasts 3–5 years if granted).
Right to Access Evidence: You can request a copy of the evidence submitted by the other party, such as declarations, photos, texts, or witness statements.
Right to File a Response: You can and should file a written response (form CH-120 for civil harassment or DV-120 for domestic violence cases) before the court date.
Right to Appeal or Request a Modification: If the judge grants a restraining order, you can appeal or later request a modification or termination of the order.
How Our Orange County Attorney Can Help With Your Restraining Order
The answer is: Of course! There are many people who are innocent who have been charged with domestic violence 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 restraining order defense attorneys in Orange County can provide.
You need an attorney who will provide you with a 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 they will be able to put together a solid defense case. Our Orange County domestic violence restraining order lawyers produce the best defenses in OC.
If you have been served with a restraining order, don't hesitate to reach out to our Orange County restraining order attorney today. Contact us online or call (844) 807-8180.
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