Orange County Domestic Violence

Under California Penal Code, virtually any incident involving your significant other can be subject to the special rules and penalties of Orange County Domestic Violence Law.  The penalties apply even if no one was injured in any way.  Once the 911 call has been made , the recording of that “excited utterance” is the most important, damning and long lasting evidence that a crime of Domestic Violence was committed, or being committed as the caller is speaking on the phone.  The second and equally as devastating , is the statements given to the responding officer , his observations, the pictures and recording that he makes while investigating the incident.

In most Domestic Violence cases, those evidence are all that the prosecutor needs to get a conviction.   In a very high percentage of these cases, the alleged victim recants or does not want to cooperate with the prosecution.  A mere lack of desire to prosecute by the alleged victim is not the end of the case.  The prosecutors are obligated to pursue the case to a conviction, to insure, that both parties ( the defendant and the alleged victim) will seek some self help (anger management) classes so that the cycle of violence will not be repeated.

The slightest incidental contact can lead to the following:

1.     Jail

2.     Lose of Child Custody & Visitation

3.     Attendance of a mandatory Domestic Violation Program

4.     3 years of Probation

5.     Fines and Fees

6.     Damage to your Personal and Professional Reputation

7.     Last but not least, you could be kicked out of your own home, via a Restraining Order , ordering you to keep at least a 100 yards away from your spouse and have no contact with her/him.

 

Navigation of the Negative Impacts and Ramifications of Orange County Domestic Violence 

Orange County Domestic Violence cases often involve many restrictions, such as Court Ordered Restraining Order, which will affect every aspect of your daily life.  The ramification seem endless,  during these cases, many laws are misused , especially when divorce proceedings are present.  The Judge and the prosecutor are very concern about the health and well being of the alleged victim and the children, and as such a Restraining Order is almost always issued.  There are 2 types of Restraining Orders, 1) No Contact, or 2) No Violent Contact.  These two types are vastly different, as the former physically kicks the defendant out of the house , while the latter allows the defendant to remain in the house , but is ordered not to annoy or touch the alleged victim in an unpleasant or unwanted manner.

The facts of the case and the quality of your representation will dictate which one of the two types are issued.  If the more comprehensive Restraining Order (type 1) is issued, only the alleged victim can move the court to modify it to the less restrictive order (type 2).

While by law, the alleged victim does not have to do anything;  however, if he/she wants to modify the order, then he/she has to attend a Personal Empowerment Program (PEP) , which is ten weekend, and is very helpful in teaching the victim how to avoid , control or defuse the hostilities.

Here are some examples of Domestic Violence Restraining Order:

1.     Divorce Settlements

2.     Child Custody

3.     Employment

4.     Security Clearance

5.     Access to your Home, Belongings, and Vehicles

When you have been accused of any type of Domestic Violence, you need a qualified and experienced attorney to defend you, your children, your property, and everything you have built and stand for.  Do not, underestimate the damage the accusation can cause, call Ray Dinari today for the legal services you need.  You can schedule a free appointment today to discuss the defenses for your Orange County Domestic Violence case.

 

Things to look for when interviewing an Attorney

When you are accused of an offense, regardless of weather you deserve it or not, you want your side of the story told.  You need to know how to navigate through the legal process, you need an experience attorney to assist you.  You should never hire the first attorney you talked to, so go ahead and  interview 3-4 lawyers.

Look for the big four:

1)  Knowledge and Experience

2)  Wisdom and Confidence

3)  Appearance and Demeanor

4)  Honesty and Integrity

Ask the uncomfortable questions, like …   a)  How long have you been a lawyer, if less than 10 years, then maybe they lack experience you need, if less than 20 years then maybe they lack the wisdom, b)  Pay attention to the appearance and the confidence exhibited , c)  If not kind and friendly, maybe they lack the Goodwill , you require to resolve the case , d)  if they make too many promises and tell you everything you want to hear , maybe they lack the integrity, you deserve.

While the cost of legal representation is an important factor, it should not be the driving factor in hiring an Attorney.  I have seen way too many lawyers come to court on the first appearance and enter a guilty plea.  You do not need to hire a lawyer to plea you to a standard offer, that you could have done all by yourself.  You are hiring a lawyer to explore the evidence and the case against you for all possible defenses and weaknesses.  In short, be an informed client, do your homework and ask the hard questions, then make your choice.  I look forward to talking to you in person.