Restraining Order Attorney in Orange County
Legal Assistance if You Have Been 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 to 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 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 5 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 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.
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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 a strictly less severe form of assault to a cohabitant, relative, or a present or former significant other.