The courts that handle Domestic Violence Restraining Orders in Orange County got a shake-up earlier this year. The laws haven't changed, but the names and places have.
Previously, all Domestic Violence Restraining Orders were heard at the Lamoreaux Family Justice Center in Orange. Due to overcrowding, though, these hearings are now being conducted at the other branch courts. Some of the judges who now hear restraining order cases previously handled serious criminal matters and probation violations.
Some DVROs are still being heard at Lamoreaux, but the judges who officiate have all been shuffled. Judge De La Cruz from L-63 is now at the Westminster Courthouse, and Commissioner Wilson from L-11 is hearing criminal cases in the Harbor Justice Center.
Some of the forms used in Domestic Violence Restraining Orders were updated earlier this year, with some minor revisions to the DV-109 Notice of Court Hearing and some changes to protect confidential information of minors. If you're using old forms, it's time to update.
Restraining Order courts are taking a more active role in ensuring that firearms are accounted for. If a restraining order is granted against an individual, the restrained party must surrender any firearms in his or her possession within 24 hours. Weapons may be turned in at a local police station, stored with a licensed firearm dealer, or sold. Proof that the weapons have been turned in, sold or stored must be filed with the court within 48 hours. When the case called for a hearing, the judge is now required by law to check with the California Department of Justice to determine whether or not the restrained party has any firearms registered in his or her name. If weapons are unaccounted for, the respondent can be held arrested.
Local enforcement teams from the California State Department of Justice have also been busy physically going door-to-door and collecting firearms from prohibited individuals. Most of these actions are "knock and talk" encounters. If the DOJ believes that someone who is the subject of a restraining order is in possession of firearms, they will simply knock on the subject's door and ask about the weapons. If the homeowner refuses to hand over the guns, then the DOJ agents may apply for a search warrant, depending on the strength of their evidence.
Domestic Violence Restraining Orders probably have more serious consequences now than ever before. If you or a loved one has questions about a restraining order in Orange County, call our office for a free attorney consultation. (714) 449-3335. Ask for John.
Thanks for reading.
Orange County Restraining Order Lawyer.
Showing posts with label child abuse. Show all posts
Showing posts with label child abuse. Show all posts
Friday, September 27, 2019
Wednesday, July 10, 2019
The Disneyland Brawl: How OC Politics Will Run the Show
Updated 7/23/19: The OC District Attorney has charged Avery Robinson, 35, with 14 separate criminal charges, including 5 felonies. His sister, Andrea Robinson, was charged with 5 misdemeanor counts of assault / battery. Ms. Robinson's husband, Daman Petrie, was additionally charged with a single misdemeanor count of battery. All charges will be prosecuted by the OCDA.
Legal observers are curious to see how the investigation and prosecution(s) will play out after last weekend's Disneyland Brawl. In case you missed it, take a moment, grab some popcorn, turn up your volume, click the link and watch one family turn Toon Town into "The Slappiest Place on Earth".
Now the real fists are about to fly as the OCDA and the Anaheim City Attorney slug it out over who will have jurisdiction to prosecute. First, a little background:
All felonies in Orange County are prosecuted by the District Attorney's Office. The DA is an elected official. The DA also prosecutes ALMOST all of the misdemeanors arising within the county's borders. As one notable exception, though, the City of Anaheim maintains its own local prosecutor. The Anaheim City Attorney is responsible for prosecuting all misdemeanors that occur within the City of Anaheim.
Since the ACA reports to the Anaheim City Council and the Anaheim City Council effectively reports to Disneyland, the Disney Corporation indirectly operates its own prosecutor's office via the Anaheim City Attorney. This arrangement essentially allows Disney's shareholders to call the shots regarding how / if misdemeanors are prosecuted in the City of Anaheim. It's no wonder that the policies and priorities of the Anaheim City Attorney's Office sometimes seem like they're more intended to promote tourism than to promote justice.
The short version is this: if charges are filed as felonies, the cases will be prosecuted by the Orange County's elected DA. If they're filed as misdemeanors, then the cases will be prosecuted by the Disney Corporation via the Anaheim City Attorney's Office.
The video of Sunday's brawl shows a laundry list of violent offenses, including assault, battery, criminal threats, disturbing the peace, child endangerment, and assault by means likely to induce serious injury. Depending on the relationship of the parties, there might also be a variety of domestic violence-related charges. Some of these charges can potentially be filed as felonies. This is where it gets interesting.
I'm sure that the ACA would love to keep this one in-house. If charges are filed as misdemeanors, then Disneyland can call the shots. By aggressively prosecuting the case, the Disney Corporation could reassure potential tourists that the park is safe. They must be eager to save some face, too. Their security should be humiliated by their complete failure to address the situation in the video. The fight lasts almost 4 minutes and 30 seconds. The fact that a bystander recorded the beginning of the fight also suggests that onlookers had some warning that trouble was about to erupt. Disneyland loves to brag that every inch of their park is covered by cameras, but they sure didn't respond to this melee in a timely manner. At some point, security guards appear to officiate the brawl like Mills Lane, but they don't make any serious effort to intervene.
If the case is really going to be prosecuted aggressively, though, the DA must take the lead. Only the DA can bring the kind of felony charges that might carry serious prison sentences. Of course, the DA might not take their marching orders from Disneyland, though. Anaheim's biggest fear is probably that the DA will claim jurisdiction by filing felony charges. After prolonged plea negotiations, the defendants might eventually accept misdemeanor convictions and the ACA will be left completely out of the loop. It would be ironic if the ACA lobbies the DA to reject felony charges, just so that they can file their own misdemeanor charges and "really play hardball".
Stay tuned to see how this plays out. I expect we should see a press release by the Anaheim PD, the OC DA and / or the Anaheim City Attorney within a day or two.
If you or a loved one has questions for a criminal defense attorney in Orange County, call our office for a free consultation. Ask for John. (714) 449-3335.
Thanks for reading.
Orange County Criminal Defense
Legal observers are curious to see how the investigation and prosecution(s) will play out after last weekend's Disneyland Brawl. In case you missed it, take a moment, grab some popcorn, turn up your volume, click the link and watch one family turn Toon Town into "The Slappiest Place on Earth".
Now the real fists are about to fly as the OCDA and the Anaheim City Attorney slug it out over who will have jurisdiction to prosecute. First, a little background:
All felonies in Orange County are prosecuted by the District Attorney's Office. The DA is an elected official. The DA also prosecutes ALMOST all of the misdemeanors arising within the county's borders. As one notable exception, though, the City of Anaheim maintains its own local prosecutor. The Anaheim City Attorney is responsible for prosecuting all misdemeanors that occur within the City of Anaheim.
Since the ACA reports to the Anaheim City Council and the Anaheim City Council effectively reports to Disneyland, the Disney Corporation indirectly operates its own prosecutor's office via the Anaheim City Attorney. This arrangement essentially allows Disney's shareholders to call the shots regarding how / if misdemeanors are prosecuted in the City of Anaheim. It's no wonder that the policies and priorities of the Anaheim City Attorney's Office sometimes seem like they're more intended to promote tourism than to promote justice.
The short version is this: if charges are filed as felonies, the cases will be prosecuted by the Orange County's elected DA. If they're filed as misdemeanors, then the cases will be prosecuted by the Disney Corporation via the Anaheim City Attorney's Office.
The video of Sunday's brawl shows a laundry list of violent offenses, including assault, battery, criminal threats, disturbing the peace, child endangerment, and assault by means likely to induce serious injury. Depending on the relationship of the parties, there might also be a variety of domestic violence-related charges. Some of these charges can potentially be filed as felonies. This is where it gets interesting.
I'm sure that the ACA would love to keep this one in-house. If charges are filed as misdemeanors, then Disneyland can call the shots. By aggressively prosecuting the case, the Disney Corporation could reassure potential tourists that the park is safe. They must be eager to save some face, too. Their security should be humiliated by their complete failure to address the situation in the video. The fight lasts almost 4 minutes and 30 seconds. The fact that a bystander recorded the beginning of the fight also suggests that onlookers had some warning that trouble was about to erupt. Disneyland loves to brag that every inch of their park is covered by cameras, but they sure didn't respond to this melee in a timely manner. At some point, security guards appear to officiate the brawl like Mills Lane, but they don't make any serious effort to intervene.
If the case is really going to be prosecuted aggressively, though, the DA must take the lead. Only the DA can bring the kind of felony charges that might carry serious prison sentences. Of course, the DA might not take their marching orders from Disneyland, though. Anaheim's biggest fear is probably that the DA will claim jurisdiction by filing felony charges. After prolonged plea negotiations, the defendants might eventually accept misdemeanor convictions and the ACA will be left completely out of the loop. It would be ironic if the ACA lobbies the DA to reject felony charges, just so that they can file their own misdemeanor charges and "really play hardball".
Stay tuned to see how this plays out. I expect we should see a press release by the Anaheim PD, the OC DA and / or the Anaheim City Attorney within a day or two.
If you or a loved one has questions for a criminal defense attorney in Orange County, call our office for a free consultation. Ask for John. (714) 449-3335.
Thanks for reading.
Orange County Criminal Defense
Tuesday, October 25, 2016
Is it Child Abuse to Spank Kids in California?
Section 273a of the California Penal Code prohibits child abuse. Violating PC 273a can be treated as a misdemeanor or a felony, depending on the circumstances. That code section partially defines "child abuse" as "causing or permitting a child to suffer unjustifiable pain and suffering". The operative word there is "unjustifiable".
Of course, there are situations where you may be entirely justified in causing your child to suffer some pain and suffering. That's essentially what spanking is -- inflicting a degree of physical pain as a form of discipline.
In order to be considered lawful in California, spanking must be done under reasonable circumstances and without using excessive force. I understand that this is a completely subjective standard. What might be "reasonable" in your home might shock a young prosecutor in the DA's office. To determine whether or not a particular case warrants the filing of criminal charges, the DA will consider how and why the child was punished, the child's age, the degree of force that was used, whether or not the punishment caused any injuries, and other relevant considerations. Ultimately, a jury will decide whether or not the spanking was "reasonable" and lawful.
The California Attorney General and case law have affirmed parents' right to spank their children using an object other than their hand (a belt, a wooden spoon, etc.), as long as the punishment is necessary and not excessive under the circumstances.
Regardless of your personal philosophy of parenting and opinions on spanking, be advised that corporal punishment is legal in California as long as it is done by reasonable force and under reasonable circumstances.
If you or a loved one has questions about child abuse or spanking in California, call our office for a free attorney consultation. (714) 449-3335. Ask for John.
Thanks for reading.
Orange County Child Abuse Lawyer
Of course, there are situations where you may be entirely justified in causing your child to suffer some pain and suffering. That's essentially what spanking is -- inflicting a degree of physical pain as a form of discipline.
In order to be considered lawful in California, spanking must be done under reasonable circumstances and without using excessive force. I understand that this is a completely subjective standard. What might be "reasonable" in your home might shock a young prosecutor in the DA's office. To determine whether or not a particular case warrants the filing of criminal charges, the DA will consider how and why the child was punished, the child's age, the degree of force that was used, whether or not the punishment caused any injuries, and other relevant considerations. Ultimately, a jury will decide whether or not the spanking was "reasonable" and lawful.
The California Attorney General and case law have affirmed parents' right to spank their children using an object other than their hand (a belt, a wooden spoon, etc.), as long as the punishment is necessary and not excessive under the circumstances.
Regardless of your personal philosophy of parenting and opinions on spanking, be advised that corporal punishment is legal in California as long as it is done by reasonable force and under reasonable circumstances.
If you or a loved one has questions about child abuse or spanking in California, call our office for a free attorney consultation. (714) 449-3335. Ask for John.
Thanks for reading.
Orange County Child Abuse Lawyer
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