Facing a legal challenge can be a daunting experience. This is particularly true when it involves serious allegations such as domestic battery by strangulation. Everyone must understand their rights and the intricacies of the law. They should also understand the potential repercussions they might face.

That is where we can help you. The Law Offices of Frances Prizzia stands ready to provide guidance and representation if you are navigating these challenges. With a commitment to justice, our firm believes in ensuring everyone gets a fair chance to present their side of the story.

Our criminal defense attorney is here to defend you if you have been accused of domestic abuse. While we can help you after an arrest, please do not wait until a domestic violence arrest to contact us! We are here to help you from day one.

Learn more about domestic violence laws and domestic violence charges below. Then, give us a call to schedule a case consultation.

Hire an Experienced Orange County Domestic Battery Strangulation Lawyer for Your Case

Choosing the right legal representation is crucial. The right attorney can create a significant difference in the outcome of your case. A seasoned lawyer understands the nuances of the law and knows how to navigate the complex legal landscape.

Here's what The Law Offices of Frances Prizzia can offer:

• Protecting the Rights of the Accused: Every individual has rights, regardless of the accusations against them. It's essential to have a lawyer who ensures that these rights are not violated during arrest, investigation, or trial. The Law Offices of Frances Prizzia ensures that our clients are treated justly every step of the way.
• Minimizing Potential Consequences: A conviction can bring about severe penalties. By having a knowledgeable lawyer by your side, you can explore avenues to mitigate these consequences. Examples include case dismissal, reduced sentences, and plea bargains.
• Seeking Alternatives to Incarceration: Not every case has to end with jail time. Our law firm advocates for alternative resolutions where suitable. Common alternatives to jail time include probation, community service, or rehabilitation programs.
• Guiding Clients Through Rehabilitation and Counseling Options: For those who might benefit, The Law Offices of Frances Prizzia helps clients find appropriate rehabilitation or counseling programs. We are committed to both the legal and personal well-being of our clients.

Having an experienced team on your side can be invaluable when your future is on the line. With a comprehensive approach to defense, The Law Offices of Frances Prizzia is your ally in navigating the complexities of the legal system.

What You Need to Know About Domestic Battery by Strangulation

Domestic battery by strangulation is a grave allegation and is treated with utmost seriousness by the legal system. Strangulation means intentionally restricting someone's airflow or blood flow by applying pressure on their throat or neck. It could lead to serious bodily injury. This act is often considered a form of domestic violence. This is particularly true when it occurs between intimate partners, family members, or cohabitants.

Orange County has specific laws dealing with domestic battery and strangulation. It's essential to ensure that the rights of the accused are not trampled in the process. That is where our lawyer can help you.

While the term "strangulation" might seem clear-cut, legal definitions and standards of proof can vary. Understanding these specifics is essential for mounting a successful defense for someone accused. That means that knowledgeable legal representation is crucial.

Domestic Battery by Strangulation Laws in Orange County

In Orange County, domestic battery by strangulation is considered a severe form of domestic violence. It focuses on the act of intentionally and unlawfully restricting another person's ability to breathe. Given its potential lethality and the fear it can instill in victims, the courts handle such cases with particular attention and severity.

While most cases of domestic battery are covered by Penal Code 243(e)(1), the individual elements of each case will always be considered. If strangulation is involved, this could lead to a harsher sentence if convicted. That is why you should call us as soon as possible for a case consultation.

Elements to Be Proven in a Domestic Battery by Strangulation Case

For a conviction in a strangulation case, the district attorney or prosecutor must prove the allegations beyond a reasonable doubt. First, there must be clear evidence that the defendant caused a severe bodily injury. If strangulation is the allegation, the prosecution may show that the defendant applied pressure on the throat or neck. This would result in restricted breathing or circulation.

Second, the act must have been done against the victim's will. Consent, or the lack of it, plays a significant role in determining guilt. The presence of physical marks, such as bruises or abrasions, can often be used as evidence. But their absence doesn't necessarily rule out strangulation.

Finally, the accused and the victim should have a domestic relationship. This relationship could be romantic, familial, or simply cohabitation. The nature of this relationship amplifies the gravity of the charge, as it betrays trust and intimacy.

Penalties for Strangulation Domestic Battery in Orange County

Convictions for domestic battery by strangulation in Orange County can lead to severe penalties. These can range from hefty fines and mandatory counseling to restraining orders and substantial prison time. The exact sentence often depends on the specifics of the case, any prior criminal record, and the presence of aggravating factors.

We understand the factors that play a role in sentencing. We will work with you to defend your rights and fight for your interests. In some cases, we can get your case dismissed entirely. We can secure a plea bargain for a lesser sentence in other cases. Each case is different. Call us as soon as you can so we can control the narrative surrounding your case.

Collateral Consequences of Any Domestic Violence Case

Beyond the immediate legal penalties, a domestic violence conviction carries several collateral consequences. For starters, having a criminal record can drastically impact future employment opportunities, making securing a job in many sectors challenging. This stigma can extend to personal relationships, where the convicted might face isolation or strained relationships with friends and family.

Additionally, a domestic violence conviction can significantly influence child custody battles. Courts always prioritize the child's best interest, and a history of violence can be seen as a risk. Furthermore, there could be restrictions on possessing firearms, and travel could be limited, especially when trying to enter countries with strict immigration policies regarding criminal records.

It's also worth noting that certain professional licenses might be at risk. For those in professions like medicine, teaching, or law, a conviction could mean the end of their career or, at the very least, significant hurdles in practicing their profession.

Defense Strategies for Domestic Battery Strangulation

While the charges are severe, it's crucial to remember that everyone is entitled to a defense.

A few strategies that we might use include:

Challenging Evidence and Witness Credibility

Evidence is pivotal in any legal case, and its credibility can significantly impact outcomes. Witness testimonies can be flawed due to misremembered events or personal biases. Physical evidence, like injury photographs or medical reports, must also be scrutinized thoroughly. Identifying inconsistencies or contradictions can cast doubt on the prosecution's narrative.

Establishing Self-Defense or Defense of Others

Accusations like domestic battery by strangulation are severe, but self-defense can be a valid counterclaim. This requires showing a genuine belief in an imminent threat of harm. The force used should be proportionate to the threat perceived. Acting to protect another person from immediate danger is termed as "defense of others."

Addressing Issues of Consent and Intent

Motives play a crucial role in evaluating criminal charges. In some instances, acts leading to strangulation might have been consensual. Demonstrating mutual agreement without intent to harm can be a potent defense. Differentiating between an unfortunate accident and purposeful violence becomes vital.

Investigating Potential Procedural Errors

Errors in the legal process can significantly affect outcomes. Challenges can be raised if evidence was gathered improperly or rights were violated during the arrest. The accused's rights, such as being informed of charges, must be upheld. Any evidence obtained under duress or rights violation can be contested in court.

These are a few of the top defense strategies we might use. If you are facing domestic violence charges, call our law firm. We understand that the stakes are high and will provide you with the strong defense you deserve.

Schedule a Free Consultation With Our Orange County Domestic Battery Strangulation Lawyer at The Law Offices of Frances Prizzia Today

Facing a domestic battery strangulation charge is undeniably challenging and stressful. But you do not have to go through this alone. The Law Offices of Frances Prizzia is committed to providing clients with a robust defense, ensuring their rights are protected, and that they get a fair trial.

Don't hesitate to reach out if you or someone you know is facing such charges. The first step towards building a solid defense is understanding your situation, and our team is here to guide you. Schedule a free consultation today, and let us help you through this legal challenge.

Contact The Law Offices of Frances Prizzia now, and let us fight for your rights and your future.

FAQs About Domestic Battery and Strangulation Cases

We will always take the time to answer your questions before you move forward. The most common questions people ask include:

ORANGE COUNTY DOMESTIC VIOLENCE LAWYER

In addition to actual physical violence, domestic violence can also take the form of threats and intimidation. It is against the law to make threats to commit a crime that would, if acted upon, result in another person's great bodily injury or death. A person can be charged with the offense of making a criminal threat even if he or she does not actually plan to act upon it. This type of threat can be made verbally, in writing or even through electronic means.

In order for the alleged offender's statement to be deemed a criminal threat, it must be specific. Furthermore, it must have reasonably caused the victim to fear for his or her safety, or for the safety of his or her immediate family. Upon conviction, this offense of making criminal threats is punishable by up to a year in jail, or by a prison term. When one person threatens to harm his or her current or former romantic partner, family member or household member, the offense becomes a matter of domestic violence and could potentially leader to harsher penalties. Threats can be a form of intimidation, as can other actions that place a victim in fear for his or her safety, such as stalking.

POSSIBILITY OF RESTRAINING ORDERS

When someone is accused of threatening or intimidating another person in a way that causes that individual fear of harm, the alleged offender could become subject to a restraining order. When a restraining order is issued, the alleged offender is prohibited from contacting or coming near the alleged victim. This could potentially disrupt the alleged offender's living situations, his or her work or travel routine, and even the ability to be around his or her children. If the restraining order is violated, the alleged offender can face certain criminal repercussions.

PRESENTING YOUR SIDE OF THE STORY

When a person is arrested and charged for allegedly making threats to harm another person, that individual can end up with a conviction that will result in harmful penalties. Our law firm can help you present your side of the story before the judge so that you can a have a fair chance at protecting your freedom.

Facing spousal abuse charges in Orange County can be a life-changing event. These charges not only carry the potential for severe legal consequences but also can tarnish your reputation and impact your personal relationships. It's a situation that requires immediate attention from a proficient attorney who understands the complexities of domestic violence laws in California. At Frances Prizzia Criminal Defense Lawyers, we offer the expertise and compassion needed to navigate these challenging times.

When you are facing an Orange County domestic violence charge, you need an attorney as soon as possible. We have unparalleled experience with domestic violence cases. We will lean on that experience to defend you against your domestic violence charges. Learn more about domestic violence offenses below. Then, contact us to schedule a case consultation.

Understanding Spousal Abuse Charges in Orange County

Spousal abuse charges in Orange County encompass a range of behaviors considered domestic violence under California law. This form of domestic violence crime can include physical abuse, emotional abuse, and even threats of harm against a spouse or former spouse. The legal system takes these allegations seriously, with the aim of preventing further abuse. However, it's crucial to ensure that the rights of the accused are also protected throughout the legal process.

False accusations of spousal abuse are not uncommon, and the consequences of a conviction can be devastating. It's essential to have a knowledgeable domestic violence attorney on your side who can sift through the evidence, challenge the prosecution's case, and present a strong defense. Our law offices are committed to providing a comprehensive legal strategy that considers all aspects of your case, from the initial charges to potential outcomes.

Definitions and Legal Criteria

Under California Penal Code § 273.5, spousal abuse includes any intentional harm or threats of harm against a spouse, former spouse, or cohabitant. This can vary from physical violence to emotional manipulation or financial control. The key legal criteria for California Law often revolve around the relationship between the accused and the accuser, the nature of the alleged abuse, and any evidence supporting the claims.

In addition, California Penal Code § 243 makes it illegal to inflict physical violence on any individual. To be considered spousal battery:

• It must be illegal and not in self-defense
• It must be intentional
• It must be committed against a spouse, ex-spouse, family member, or intimate partner

The Importance of Skilled Legal Representation

When facing spousal abuse charges, the value of having an experienced domestic violence lawyer cannot be overstated. These cases are emotionally charged and legally complex. They require a defense that is both compassionate and strategic. A seasoned attorney can navigate the intricacies of domestic violence laws. Contact us to discuss your domestic violence case.

Finding Your Way in the Criminal Justice System

Going through the criminal justice system in Orange County can be overwhelming. From the moment charges are filed, the accused faces a series of critical decisions. They can considerably impact the outcome of their case. This includes bail hearings, arraignments, plea negotiations, and potentially a trial.

Our law firm provides guidance at every step. We ensure you understand your options and the potential consequences of each decision. We're committed to making the process as manageable as possible. When facing a domestic violence offense allegation, we support you.

How Frances Prizzia Can Help Defend Against Spousal Abuse Charges

When you choose Frances Prizzia Criminal Defense Lawyers to defend against spousal abuse charges, you're getting more than just legal representation. You're gaining a partner who will stand with you, offering support, expertise, and a commitment to your defense. Our approach to these cases is proactive and thorough. We ensure that every avenue for defense is explored.

Defense Strategies and Legal Expertise

Our defense strategies in spousal abuse cases are tailored to the specifics of each situation. We begin by conducting a detailed investigation into the allegations. We gather evidence and interview witnesses. This allows us to challenge the prosecution's case effectively. We may dispute the facts, question the credibility of witnesses, or present alternative explanations for the alleged incidents.

In addition, we're adept at navigating the nuances of domestic violence laws in California. We leverage our legal expertise to protect your rights. We focus on mitigating the potential consequences of a conviction. This means exploring options like counseling or anger management courses as alternatives to jail time. Our goal is to secure a resolution that minimizes the impact on your life while ensuring justice is served.

The Consequences of a Spousal Abuse Conviction

A conviction for spousal abuse in Orange County can have far-reaching consequences. They impact everything from your freedom to your future employment opportunities. The legal penalties for a domestic violence conviction can include jail time, fines, mandatory counseling, and the issuance of a restraining order. These outcomes have an immediate impact and can have lasting effects on your life.

Beyond the legal penalties, a spousal abuse conviction carries a social stigma that can be difficult to overcome. It can affect your relationships, your reputation, and your ability to find work or housing. This underscores the importance of a strong defense. Our strategy is aimed at avoiding a conviction or reducing the charges and penalties.

Legal Penalties and Long-Term Impact

The legal penalties for spousal abuse vary depending on the gravity of the offense and any previous convictions. In Orange County, even a first-time offense can result in significant penalties. For more serious charges, such as felony domestic violence, the consequences can be even more severe. They include longer prison sentences and larger fines.

The long-term impact of a spousal abuse conviction extends beyond legal penalties. It can include restrictions on your ability to own firearms, difficulties in custody disputes, and challenges in finding employment.

The Role of Restraining Orders in Spousal Abuse Cases

Restraining orders are a common element in spousal abuse cases. They are issued to protect the accuser by limiting contact with the accused. In Orange County, violating a domestic violence restraining order may result in extra charges and penalties. This makes it crucial to understand and comply with these orders. Our law firm can help you navigate the implications of a restraining order. We ensure you understand your legal obligations and rights.

Building a Defense: Key Considerations and Evidence

Crafting a defense against spousal abuse charges requires careful planning. A few considerations include:

• Evidence of Self-Defense. If the incident arose from a situation where you were defending yourself, evidence supporting this claim can be crucial to your defense.
• Witness Testimonies. Witnesses who can attest to the nature of the relationship or specific incidents can provide valuable insights that challenge the prosecution's narrative.
• Alibi Evidence. Proof that you were not present at the time the alleged abuse occurred can be a powerful component of your defense.
• Communication Records. Texts, emails, and other communications can shed light on the context of the relationship and the incidents in question.
• Expert Testimony. In some cases, psychological or medical experts can provide testimony that helps explain behaviors or injuries, offering a different perspective on the allegations.

The Importance of Early Intervention in Spousal Abuse Cases

Acting quickly when facing domestic violence or spousal abuse charges can significantly affect the outcome of your case. Early intervention allows for a thorough investigation of the allegations. This allows us to gather evidence before memories fade or evidence is lost. It also provides an opportunity to explore all available defense strategies. This includes challenging the accuracy of the allegations and negotiating with prosecutors.

FAQs About Spousal Abuse Representation in Orange County

Why Choose Frances Prizzia as Your Spousal Abuse Attorney

• Expertise in Domestic Violence Laws. We have extensive experience and knowledge of California's domestic violence laws, offering you a sophisticated legal defense.
• Personalized Defense Strategies. We tailor our defense to each client's unique situation, ensuring the most effective representation possible.
• Compassionate Support. Our team provides not just legal defense but also emotional support, understanding the stress and challenges our clients face.
• Proven Track Record. Frances Prizzia Criminal Defense Lawyers has a history of successfully defending clients against spousal abuse charges, demonstrating our commitment to achieving the best outcomes.
• Comprehensive Legal Services. From the initial consultation to the resolution of your case, we offer comprehensive legal services that address all aspects of your defense.

Call Frances Prizzia Criminal Defense Lawyers for Your Orange County Assault Defense Lawyer

If you're facing spousal abuse charges in Orange County, don't wait to seek legal representation. Frances Prizzia Criminal Defense Lawyers is here to provide the skilled defense and compassionate support you need during this difficult time. Our OC domestic violence lawyer will always put your needs first. Domestic abuse charges are serious, and we are in your corner.

Selecting the right attorney is crucial for your spousal abuse case. With Frances Prizzia Criminal Defense Lawyers, you'll have an accomplished domestic violence lawyer who understands the challenges you're facing and knows how to navigate the complexities of California law. Contact us today to schedule a consultation.

CONSEQUENCES OF A STALKING CHARGE

Looking for a lawyer for your stalking case in Orange County? A person charged with stalking can be in serious trouble. Stalking can be considered a misdemeanor or a felony and can lead to jail or prison time in a conviction. Stalking occurs when one crosses the line in a certain way that may be termed inappropriate. Your intentions may not be to harm the other person but the thin line between appropriate behavior and inappropriate behavior seems to diminish.

PENALTIES FOR STALKING IN CALIFORNIA

With each additional charge of stalking you may be putting yourself in a difficult position in terms of the law. The circumstances surrounding your situation determine how serious your punishment is going to be. Hiring a lawyer early on in the process can help and protect you immensely. There are numerous charges associated with stalking, including following, harassing and threatening. Each with its own set of consequences.

*The maximum penalty for stalking is a five year prison sentence and the possibility of registering as a sex offender in California.

Causing bodily harm or threatening to kidnap or injure someone can additionally affect the severity of the punishment awarded. When the court decides that someone is being stalked, restraining orders may be issued to keep the stalker away.

STALKING LAWYER SERVING IRVINE, SANTA ANA & COSTA MESA

Charged with stalking in Orange County, CA? The Law Office of Frances Prizzia will handle your case with great compassion. Regardless of the fact that you are being accused you still have certain rights. Our firm is dedicated to fighting on your behalf to protect you rights and your future. Your intentions may not have been to harm the other person, or you may have never committed the act at all.

You may not have realized when you crossed the line and landed yourself in this situation. We understand your position and believe you. We will do whatever it takes to get you out of this situation with minimum or no damage to your reputation. It is very important that you contact us early on to get best results.

A restraining order, or protective order, is issued by the court and is intended to protect a person from someone trying to harass, stalk, threaten, or sexually or physically abuse. In some cases, a restraining order in Orange County can show up on your background check. This depends on the type of background check as well as the type of restraining order.

For instance, a permanent restraining order may show up on some background checks. If you violate the restraining order, you may have criminal charges, such as a domestic violence charge, on your record related to that.

There are several consequences for having a restraining order on your criminal record:

• Housing – You may have a difficult time finding housing with a restraining order in place. As a restrained person, you will likely be barred from being within a certain proximity of the protected person. This can also affect where you can live.
• Employment – Employers may avoid hiring you because a restraining order on your record raises red flags for them. They are more likely to see your record if you apply for a job requiring a security clearance.
• Immigration – If you are not a citizen of the United States, having a restraining order on your record can impact your ability to apply for and receive a green card or U.S. visa.
• Professional Licenses – Some certifications or professional licenses require a background check, and if your restraining order is seen, it could affect your ability to get your license.

An Orange County restraining orders attorney can help you determine the type of restraining order that you have, how it may affect you, and what you can do to terminate it or minimize its impact.

Our Orange County Restraining Orders Attorney Can Help You With All Types of Restraining Orders

We can help you with any type of restraining order, including:

• Temporary restraining order;
• Permanent restraining order;
• Civil harassment restraining order; and
• Domestic violence restraining order.

Any of these can wreak havoc on your life in a number of ways - housing, employment, immigration, professional licensing, and more. The good news is that The Law Offices of Frances Prizzia can help you, no matter what type of restraining order they have filed against you.

Our experienced attorneys will assess your case together at your free consultation and explore your options. When you hire us as your legal representation, we will work relentlessly and diligently to defend your rights and strive for the best possible result in your case. Typically, that means minimizing the impact of the restraining order or getting it dismissed.

Why Restraining Orders Are Issued in Orange County

In Orange County, restraining orders are typically issued to protect a person from being harmed or threatened because they claim to have been abused mentally or physically, threatened, or stalked. The restraining order prohibits the alleged abuser from making any kind of contact with the alleged victim or from threatening, harassing, or interacting with them in any manner.

It can restrict the person from carrying out certain actions against the protected person, such as:

• Contact – Phone calls, text messages, emails, letters, instant messages, social media;
• Sexually assaulting;
• Physical attack – Hitting, striking, pushing, slapping;
• Destroying personal property;
• Stalking;
• Harassing;
• Threatening; and
• Disturbing the peace of the protected person.

Types of Restraining Orders

In California, there are four types of restraining orders. Each one speaks to a specific type of issue or abuse. They all work the same way but have different devices within each order that increases the functionality relevant to the specific situation.

Domestic Violence Restraining Orders (DVRO)

A domestic violence restraining order is available to alleged victims of domestic violence. This means that the alleged perpetrator is someone they have a close relationship with, such as a spouse, registered domestic relationship, ex-spouse (separated or divorced), someone they are currently dating or dated in the past, someone they have a child with, someone they live or lived with, or a family member, such as a child, sibling, parent, parent-in-law, sibling-in-law, or grandparent.

Domestic violence restraining orders can include these orders:

• No contact.
• Do not come within a certain distance of the protected individual.
• Do not own or have any firearms, guns, or ammunition.
• Do not stalk, harm, harass, or threaten any of the protected persons.
• Move out of a home that the protected individual also occupies.
• Pay spousal support (if married).
• Pay child support (if they have children together).

Civil Harassment Restraining Order (CHRO)

A civil harassment restraining order is available to alleged victims who are being threatened, abused, stalked, or harassed by a person they do not have a close relationship with. This can include neighbors, roommates, or distant family members such as nephews, nieces, aunts, cousins, uncles, great aunts or uncles, or strangers.

A civil harassment restraining order can include these orders:

• No contact.
• Do not come within a certain distance of the protected individual.
• Do not own or have any firearms, guns, or ammunition.
• Do not stalk, harm, harass, or threaten any of the protected persons.

Workplace Restraining Order

Workplace violence restraining order is available to alleged victims of workplace violence. However, the employee cannot request the restraining order; the request MUST come from the employer. It is requested by the employer to protect an employee who has experienced workplace violence which can include serious harassment, stalking, a credible threat of violence, or actual violence in the workplace.

The employee can request a restraining order that is specific to their situation (domestic violence or civil harassment) if they wish to take steps to protect themselves on their own.

Workplace violence restraining order can include these orders:

• No contact.
• Do not come within a certain distance of the protected individual.
• Do not own or have any firearms, guns, or ammunition.
• Do not stalk, harm, harass, or threaten any of the protected persons.
• Stay away from the workplace and all protected people named on the order.

Elder or Dependent Adult Restraining Order

An elder or dependent adult restraining order is available to alleged victims of elder abuse. This crime has a two-pronged qualifier which means the alleged victim must meet two criteria.

• Criteria 1:
  • They are age 65 or older, OR
  • They are between the ages of 18 and 64 and have certain physical or mental disabilities that affect their mobility, cognitive function, and ability to perform normal daily tasks or to protect themselves.
• Criteria 2:
  • They are a victim of:
  • Physical abuse;
  • Neglect;
  • Mental abuse;
  • Abandonment;
  • Endured treatment that has harmed them mentally or physically;
  • Been deprived by a caregiver of basic necessities or services that are needed to prevent suffering emotionally, mentally, or physically; or
  • Isolation.

An elder or dependent adult restraining order can include these orders:

• No contact.
• Do not come within a certain distance of the protected individual.
• Do not own or have any firearms, guns, or ammunition.
• Move out of a home that is also occupied by the protected individual.
• Requirement for counseling.
• Requirement for an anger management course.

Three Levels of Restraining Orders

California has three levels of restraining orders of various types. Each is designed to address the distinct needs of the situation where a restraining order is requested or necessary. They apply to civil, family, or criminal law restraining orders, but the process is basically the same for all three. However, applying for them may vary a bit from one type to the next.

Emergency Protective Order

A law enforcement officer can only seek an emergency protective order or EPO.

California Code, Family Code - FAM § 6250 gives police officers the authority to request an emergency restraining order for an individual if that officer believes that the individual who needs protection is in immediate danger of domestic violence by the individual named as the restrained person.

The purpose of an EPO is to give the protected individual time to apply for and obtain a temporary restraining order.

There are judges that are on call 24 hours a day, seven days a week, to respond to police officers' requests for EPOs. The order is only valid when a judge or a commissioner has issued it. In order for them to issue the order, several requirements must be established:

• The judicial officer has sufficient evidence to believe that the danger of domestic violence is imminent.
• A child is in danger of being abducted.
• A child is in danger of being abused.
• An elderly individual is in imminent danger.
• A dependent adult is in imminent danger.

Issuance of the EPO will prevent these acts from occurring or from being repeated:

• Acts of violence;
• Domestic violence against the protected individual;
• Child abduction;
• Abuse of an elderly individual;
• Abuse of a dependent adult; and
• Abuse of a child.

Once the emergency protective order is issued, it goes into effect immediately and is enforceable for one week, which is seven calendar days or five business days. If the restrained person lives in the home with the protected individual, the judge can issue an order for the restrained person to leave the dwelling for the period that the order is in effect and enforceable.

An emergency protective order can be issued in a civil harassment case if it is a stalking case. No other type qualifies for this type of restraining order.

Temporary Restraining Order

A temporary restraining order, or TRO, is enforceable for 20 to 25 days. The only exception is a domestic violence order which is enforceable for three years. A TRO is issued when the judge has reason to believe that the protected individual is in immediate danger and requires protection while waiting for the court date for their case to be heard and the judge to rule on it.

Before the TRO ends, the protected individual will be obligated to attend a hearing where they will go before the judge, who will decide if the issuance of a permanent restraining order is necessary.

Permanent Restraining Order

This type of restraining order is issued after a TRO has been issued and is run for its prescribed period of enforcement. The transition from TRO to a permanent restraining order is not automatic. The protected individual is required to attend a court hearing where the judge will determine if the person requesting protection is in actual danger. If so, then a permanent order will be issued.

These restraining orders are long-term but not "forever." For instance, a restraining order for domestic violence is valid for five years, but a restraining order for civil harassment is valid for just three years.

Consequences of a Restraining Order

While a restraining order is not a criminal charge, the person who filed the order may choose to press charges. However, once you are arrested, the district attorney steps in and is the one who decides if there's enough evidence to move forward with the case.

There are other ways a restraining order and subsequent charges can impact your life as well, including:

• You must cease contact with the person who filed the order. If you need to discuss anything with them, you will have to go through your attorney or a mediator. If you contact them directly, you will be in violation of the order and could be arrested.
• You may have to move out of your home if you live with the person who filed the order against you.
• It may affect your job or school if you work with the person who filed the order against you or if you go to school with them.
• You could lose your right to own a gun, firearms, and ammunition. You also cannot buy, ship, or transport them. The only way to get this right back is to have the order pardoned or expunged.

How You Should Respond to a Restraining Order

If someone files a restraining order against you, do not under any circumstances attempt to go see them or contact them in any way. Doing so could get you arrested and land you in the county jail.

The first thing you need to do is get a seasoned criminal law attorney to represent you. They will be able to review your restraining order and explain everything to you. They will also be able to represent you in court and help you fight it. A good attorney will fight to make sure that your rights are protected, and that is exactly what you need when a restraining order is filed against you.

Appealing a Restraining Order

Once a permanent restraining order is issued, you have 60 days from the time the order was signed to file a Notice of Appeal in California. If someone files a restraining order against you and you believe it to be false, you should file a Notice of Appeal immediately. If you wait too long, you will lose your chance to appeal it.

While you are appealing it, the order will remain in effect and will be enforceable, so make sure that you abide by all of the terms and requirements.

When filing your appeal, you must provide valid grounds, such as a procedural effort or material legal error that occurred when the order was put in place. For instance, if you are innocent of the allegations against you and have valid evidence to support your innocence, but the judge refuses to hear it, you could have a case for an appeal.

Contact Our Orange County Restraining Order Attorney at The Law Offices of Frances Prizzia

If someone has filed a restraining order against you, don't wait. Get an Orange County restraining orders attorney now.. Our law office has a team of experienced, knowledgeable, skilled attorneys who can help you navigate the restraining order process and make sure that your rights are protected.

Call today for your free consultation and get the help that you need and deserve.

KIDNAPPING, ABDUCTION, AND FALSE IMPRISONMENT

Kidnapping is punished harshly as it represents a threat to the safety of our children and ourselves. Law enforcement officials, prosecutors, judges, and the general public do not look favorably or leniently on an individual accused of kidnapping someone. With this in mind, it is very important that you seek out dedicated legal representation if you stand accused of kidnapping.

An Orange County criminal defense attorney can stand by your side throughout the legal process, working to minimize the damage of these charges in your personal and professional life. Our approach to criminal defense focuses on close interaction with each client, ensuring that we can build a defense that suits their needs. As a result of this service, we have been listed among the National Trial Lawyers: Top 100 Lawyers and given an Avvo Rating of 10.0 Superb. You can trust us to handle your violent crimes charges with sensitivity and professionalism.

PENALTIES FOR KIDNAPPING

Another aspect of kidnapping or abduction law pertains to the notion of false imprisonment. False imprisonment entails handling another individual against his or her will. Examples of false imprisonment include refusing to allow an individual out of your car when requested, taking a hostage for leverage in a given situation, and not allowing someone to exit a room or building. Kidnapping or false imprisonment charges when related to domestic violence or abuse take of an escalated form.

Individuals convicted of kidnapping in these instances can face the following penalties:

• A lengthy prison sentence
• Loss of child custody
• Loss of visitation rights
• A permanent criminal record

Having a kidnapping charge on your criminal record will make it exceedingly difficult to find gainful employment, advance your career, and be approved for housing and financing. With so much at stake, you cannot afford to face your charges without an experienced kidnapping lawyer at your side. Call our firm as soon as possible to assess your charges with a professional and begin building a strong defense.

RETAIN A KIDNAPPING DEFENSE LAWYER WITH OVER A DECADE OF EXPERIENCE!

At the Law Office of Frances Prizzia we take kidnapping charges very seriously, as these charges can have a disastrous impact on your life. As dedicated trial attorneys, we will investigate your situation thoroughly and build a winning case through intensive law research and proven strategies. We are passionate about our cases and loyal to our clients. We are true believers in every individual's right to a fair and unbiased trial.

DEFENDING YOURSELF AGAINST ACCUSATIONS OF CHILD ABUSE

Accusations of child abuse are not taken lightly in the court of law. When dealing with an individual accused of child abuse, law enforcement officers, prosecutors, and judges can be unforgiving and biased. Because of this significant bias against individuals accused of abusing a child, it is absolutely essential to seek out exceptionally capable legal representation should you be accused of this crime.

THE MANY FACES OF CHILD ABUSE

When most people think of child abuse they picture black eyes and bruises. They do not always realize that abuse can come in many, more subtle forms. One prominent form of child abuse that most people do not associate with the crime is negligence. Child neglect can be just as harmful to a child as verbal abuse.

Because these forms of abuse do not leave visible signs of abuse such as cuts or bruises, the prosecution will rely heavily on witness or character testimonies to secure a conviction. Children can also be susceptible to manipulation and suggestion, recalling false memories under the insistence of a psychologist of prosecuting attorney. A good defense attorney will be able to protect you from these unfair strategies.

CHILD ABUSE LAWYER SERVING NEWPORT BEACH AND ALL OF ORANGE COUNTY

At the Law Office of Frances Prizzia, we know that the circumstances surrounding a child abuse accusation can be incredibly complicated. We will work closely with you to understand the true nature of these charges. When defending against witness testimony, facts and verifiable information are of immense importance.

Our firm has an investigator on staff to ensure that your case is given the scrutiny it deserves. With our firm you can count on compassionate treatment and aggressive representation. We serve Orange County cities including Newport Beach and Irvine, as well as Los Angeles, San Diego, and Ventura.