Summer is turning into fall and Orange County Court operations are still severely impacted by the ongoing pandemic. Many hearings are now being conducted remotely (over the phone or by video conferencing). Hearings are also being streamed live over YouTube. Links are available at occourts.org.
The courts are taking extraordinary measures to reduce crowding and to enable "social distancing". Face coverings are required and admittance to buildings is limited.
To make matters more complicated, the North Justice Center (Fullerton Courthouse) is closed indefinitely while structural engineers evaluate some new cracks that recently appeared in the building's foundation. All of the cases that had been scheduled for hearings in Fullerton have temporarily been reassigned to other courthouses around Orange County.
Here's an update on some other recent developments at our office and around the Orange County Courts in general:
New Misdemeanor Arraignments
The court is not scheduling any new misdemeanor cases for in-person appearances unless the defendant is in custody. If you were cited and ordered to appear in court, watch your mail for a new notice once the court is open and prepared to hear your case.
The court has adopted a procedure for attorneys to make some progress toward resolving pending misdemeanor cases by phone and email correspondence. If you or a loved one has questions about an open misdemeanor, call us to discuss your options.
Felony Appearances
Typically, defendants in felony cases must be personally present for each hearing. In an effort to reduce crowding inside the courthouses, though, judges are currently allowing attorneys to appear without their clients present in most felony matters.
Restraining Orders
The quarantine has led to a spike in reports of domestic violence. Our office has been busy processing restraining order petitions for the past several months.
There are several different types of restraining orders under California law, depending on the relationship of the parties involved (domestic violence, civil harassment, elder abuse, workplace violence, etc.). If the parties are (or were ever) married, dating, related, living together or co-parents of children together, any restraining order petition would probably be treated as a matter of "domestic violence". In Orange County, all domestic violence restraining orders are filed and heard at the Lamoreaux Family Justice Center in Orange.
As part of their ongoing efforts to reduce crowding and to enforce social distancing, the court recently began staggering their restraining order hearings throughout the day. Rather than ordering everyone to appear at 8:30 AM and to wait together for their individual cases to be heard, litigants are now ordered to appear at a specific time slot that has been reserved for their particular case. This new staggered schedule is much more time-efficient than the old system, where parties could spend all morning sitting around and waiting for the judge to call their matters.
Before the pandemic, restraining order hearings would be scheduled within 21 days of the filing of the petition. With the current backlog and staffing shortages inside the courts, though, hearings are being delayed for at least 6-8 weeks. If you've been served with a temporary restraining order, this means that you might have to wait 2 months before you even have a chance to appear in court and to present your side of the story. The temporary order will remain in effect during that time. If you violate the temporary order, you can be arrested and charged criminally. The penalties for violating a domestic violence restraining order can be severe, including the loss of your right to possess firearms for 10 years.
Expungements
Even though Orange County courthouses are closed to the public, judges are still processing expungement petitions by mail. If you're looking for a new job, or if you expect to apply for new jobs in the near future, this is a great time to clean up your old criminal record with an expungement.
Many felonies have recently been downgraded to misdemeanors in California. If you've ever been convicted of a qualifying offense, you might also be eligible to have that case retroactively reduced. In some cases, a reduction from a felony to a misdemeanor may even restore gun rights.
Catalina Island
If you follow this blog, you know that my office defends more cases on Catalina Island every year than any other private firm. Only the public defender handles more Avalon cases than us. Catalina Island is a unique place with its own set of court rules and procedures. For attorneys who are unfamiliar with those procedures, fighting a case in Catalina can be bewildering.
Catalina was hit hard by the early days of the shut-down. The island economy relies heavily on cruise ship traffic and weekend tourists who come to enjoy the bars and restaurants. Unfortunately, no cruise ships have docked in Avalon since March. Most of the smaller establishments on the island remain closed, but a few have adapted to outdoor seating and carry-out windows.
As the late-summer heatwave has baked Southern California, weekend crowds have started to return to Catalina. Migratory bluefin, yellowfin and yellow tail have also attracted anglers to the island this fall. With the influx of tourists, the Sheriff reports more alcohol-related arrests. The most commonly-cited violations on the island include "drunk in public" (PC 647(f)), DUI (VC 23152), assault / battery (PC 240 / 242), domestic violence (PC 243 / 273.5), and a variety of fishing offenses.
Catalina is part of Los Angeles County. Unlike their neighbors in OC, LA is currently hearing new misdemeanor cases. If you or a loved one was cited while visiting Catalina, call us to discuss your options. As always, we offer free attorney consultations. (714) 449-3335. Ask for John.
Thanks for reading and stay healthy.
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