Domestic Violence Charges in Orange County: What Happens After Arrest

If you’ve been arrested and charged with domestic violence, you need to reach out to an Orange County domestic violence attorney. Legally, the sheriff’s department and prosecutors must follow certain steps as they investigate the case and file charges. Because domestic violence convictions can impact your ability to get a job or maintain your immigration status, it’s important to take these charges seriously.

Initially, most cases begin when someone calls the police or reports concerns about a neighbor. For example, your neighbors may have called the police after hearing a lot of yelling or crashing coming from your home.

Once the police are notified, they will quickly show up at the scene to assess the situation.They will determine if the individuals involved are an immediate threat and strive to prevent any additional violence from taking place. Then, they will generally try to separate the witnesses and alleged perpetrator so that they can get more information.

If there is physical evidence from the abuse, they will take photos or videos to record it. They may also collect any objects or other evidence involved in the alleged incident. Afterward, this evidence can be used to prosecute you under domestic violence laws.

In Orange County, the Family Protection Unit (FPU) is in charge of handling all domestic violence prosecutions. According to the FPU, domestic violence is any act or threat of violence against a spouse, romantic partner, the other parent of a child, or current or former cohabitant.

The charges are often processed under Penal Code Section 273.5. This law applies when someone inflicts a visible or actual injury to someone that they have a domestic relationship with. If convicted, you can end up serving two, three, or four years in state prison or up to a year in county jail. A conviction can also lead to a fine of up to $6,000. Because of how serious these charges can be, it’s a good idea to find a domestic violence lawyer in Orange County to help you with your case.

When deciding whether to charge you with domestic violence as a felony or a misdemeanor, the FPU will look at a few key factors.

• Whether a weapon was used
• Criminal history of the parties involved
• How severe the attack was
• The level of injuries sustained
• Whether there was any alcohol or drugs consumed
• Other aggravating circumstances

After your arrest, a few important things can occur. You may be given a temporary restraining order (TRO). This essentially keeps the alleged perpetrator away from the victim. You also can’t contact them in any way. Alternatively, a protective order may be used, which lasts for a longer length of time. No-contact orders are also common options, and they specifically forbid direct or indirect forms of communication.

Your Orange County domestic violence attorney can review what will happen after the arrest. Within the first 48 hours, you’ll typically appear in front of a judge and be charged with a crime. The judge will determine if you can get bail and how much it should be for.

Your domestic violence law firm can discuss how long your case will likely last and the general process involved. You’ll typically be charged in just 48 hours. Afterward, it may take a few months to over a year for your case to wrap up.

The consequences of a domestic violence case can extend for years into the future. By working with an Orange County domestic violence attorney, you can learn what type of evidence and arguments are necessary for countering the prosecutions. Then, you can use this information to build your case.

For more information about domestic violence cases in Orange County, give us a call today.