Orange County Domestic Violence Restraining Order Lawyer

Orange County Domestic Violence Restraining Order Attorney

When you or someone you love is affected by domestic violence, it is often overwhelming and even frightening. Knowing when it’s time to ask for help and protection can be difficult to decide. A compassionate and experienced Orange County domestic violence restraining order lawyer at Cianci Law, PC, can help you determine your legal options and take steps to preserve your rights and your safety.

Domestic Violence in California

Domestic violence in California is not one particular charge but a term that describes when certain acts occur between people in close relationships. It can involve close family members such as parents, spouses, children, siblings, or grandparents. Other household members like girlfriends, boyfriends, and exes can also be involved.

It is important to note that while domestic violence can include physical violence, it does not always. Abusive behavior intended to control someone in a close relationship is considered domestic violence in many cases, and abuse can be psychological, sexual, emotional, technological, or financial. Some criminal acts that can be domestic violence when they happen between people in a close relationship are:

• Assault
• Battery
• Sex crimes
• Stalking
• Harassment
• Disturbing the peace
• Trespassing
• Vandalism
• Burglary

In 2024, Governor Gavin Newsome signed a package of bipartisan bills that provide additional protections and resources for domestic violence victims. These new laws:

• Create a fund for services, support, and restitution for victims
• Prioritize the processing of restraining orders to avoid delays
• Remove time and location barriers from some restraining orders
• Require motor vehicle manufacturers to let victims end remote access to their vehicles
• Expand the statute of limitations on domestic violence charges to seven years
• Give family members and investigators new tools to prevent domestic violence murders from being classified as suicide
• Create online financial resources for victims to protect their assets

Penalties for Domestic Violence

Since more than one charge can fall under domestic violence, there is a range of penalties. Arrests can result in misdemeanor or felony charges, depending on the particular offense and individual circumstances, such as whether the offender has a previous record of similar charges and how severely they impact the victim’s life. Convictions can mean fines, probation, incarceration, and other penalties, as well as counting toward California’s Three Strikes Law.

Domestic Violence Restraining Order

Because domestic violence happens between people who live together or are in a close relationship, there is often a pattern of abusive behavior rather than just a one-time incident. It is common for victims of domestic violence to need protection for their safety. Generally, this protection is in the form of a domestic violence restraining order. The restraining order has to be issued by a judge with specific requirements about what the abuser is not allowed to do and for how long. Some of these restraining orders are:

• Emergency protective order. When an offender is arrested on domestic violence charges, police usually request an emergency protective order that lasts five to seven days or until the defendant is formally charged at an arraignment.
• Stay away order. This kind of restraining order is normally issued at the arraignment and covers the whole time the case is going through the court process, including probation if convicted.
• Temporary restraining order. When a victim requests a restraining order from the courts, this is what is granted. The victim is not required to file a police report at the same time, although many do. When a victim requests a restraining order, a court hearing is scheduled to determine whether a long-term order is warranted, and the temporary order lasts until the hearing date.

Violating a Restraining Order

It is illegal to violate a restraining order, even if no other crimes are committed and even if the victim says the order is no longer needed. A violation of a restraining order is usually a misdemeanor and can lead to a fine of up to $1000 and up to a year of jail time. In cases where someone is injured as a result of violating the order, where the abuser has violated it multiple times, or after a conviction, the punishment can be more severe.

FAQs

Q: How Much Does It Cost to File a Restraining Order in Orange County, California?

A: The cost to file a restraining order in Orange County, California, depends on the kind of restraining order and the kind of case. Domestic violence restraining orders do not have a fee, but civil harassment and other kinds of restraining orders that do not involve stalking, threats, or violence may have a filing fee of up to $435.

Q: What Proof Do You Need for a Restraining Order in California?

A: For a restraining order in California, you need evidence such as statements by the victim or witnesses, photographs, videos, texts, emails, police reports, medical records, calls to 911, or other proof of violent behavior, threats, harassment, or injuries. If the restraining order is pursuant to domestic violence, you will also need to show that you were or are in a relationship with the person.

Q: How Fast Can You Get a Restraining Order in California?

A: In some cases in Orange County, California, you may be able to get a temporary restraining order as soon as the same day. Getting a long-term restraining order can take longer, however, because it requires a hearing before the court where the victim presents their case that the suspect abused, threatened, or harassed them.

Get the Legal Guidance You Need

At Creative Family Solutions, Cianci Law, PC, our trusted legal team has the knowledge and skills to help you navigate a domestic violence situation, whether you’re being harassed or you are restrained by a Court order. Your domestic violence lawyer’s top priority is to help you safeguard your family and your rights. You don’t have to handle domestic violence on your own. Contact our Orange County attorneys to schedule a consultation today.