Domestic violence encompasses many activities considered harmful that occur between two people who share an intimate or familial bond. Experiencing domestic violence can have a lasting negative impact on your life. If you have experienced domestic violence, you are likely looking for emergency family law help in Orange County. An experienced domestic violence attorney can evaluate your situation and offer guidance and support.

domestic violence and child custody in orange county

Hire a Domestic Violence Lawyer

Facing domestic violence alone can be overwhelming and isolating. At Dorie A. Rogers, APC, we have more than 30 years of experience in complex family law matters, including survivors of domestic violence. Our team can advocate for your rights and interests and ensure you do not have to face your abuser alone.

Domestic Violence in Orange County

Domestic violence can occur between people who are related or have shared a residence. The act encompasses many types of abuse, which can include, but are not limited to:

  • Physical
  • Sexual
  • Emotional
  • Economic
  • Psychological
  • Technological
  • Coercive

The California Department of Justice examines domestic violence-related calls for assistance in the state. During 2024, there were a total of 9,642 calls for assistance made in Orange County. Of those calls:

  • 4,524 involved a weapon
  • 43 involved a firearm
  • 123 involved a knife or similar instrument
  • 551 involved a different dangerous weapon
  • 3,807 involved personal weapons such as hands or feet
  • 528 involved strangulation
  • 81 involved suffocation

Cases involving domestic violence are heard by the Superior Court of California, Orange County, at the Lamoreaux Justice Center, which is located at 341 The City Drive South, Orange, CA.

What to Expect After a Domestic Violence Arrest

California takes domestic violence very seriously. When someone is arrested for domestic violence charges, they are not typically released on their own recognizance. Instead, they have a bond hearing before a judge shortly after being arrested.

Bail is generally set at $10,000 for a misdemeanor charge or $50,000 for a felony charge of domestic violence. You are not required to bail your abuser out of jail, but you should have a plan in place to protect yourself should they make bail.

As a victim of domestic violence, you have the right to petition the Superior Court for orders of relief. These orders can help protect you and other family members from an abuser. You have the right to request the following:

  • A restraining order that prevents your abuser from interacting with you or other family members
  • An order removing your abuser from the shared home
  • An order preventing your abuser from entering a residence, school, or business where you are employed
  • An order granting you full custody of any minor children
  • An order to prevent visitation with any minor children
  • An order for child support for any shared minor children
  • An order requiring the abuser to pay certain debt obligations for as long as the order is in effect
  • An order requiring individual or couples counseling

How a Domestic Violence Attorney Can Help

When facing the prospect of leaving an abusive partner, you need strong legal representation that can protect your rights and interests while minimizing your contact with your abuser. Emergency family law covers many situations, including:

  • Domestic violence
  • Child abduction or abuse
  • Child custody emergencies
  • Spousal or child support

When you are faced with a family emergency, you need emergency legal help from an attorney familiar with these types of situations. Filing emergency orders requires several steps that have to be completed precisely to ensure the court examines them critically.

When you prepare an emergency order, it is your plea to the court for assistance. In a domestic violence case, your domestic violence attorney can help you articulate your situation and secure an order of protection.

FAQs

What Is Considered Domestic Violence for a Restraining Order in California?

When it comes to a domestic violence restraining order, there is a wide variety of offenses that may qualify, such as assault, sexual assault, stalking, harassment, threat, property destruction, and more. The key factor is that the relationship between the involved parties is currently or formerly a close one, meaning spouses, dating couples, exes, other close family members, children, or people who live in the same home. 

How Long Does It Take to Get a Domestic Violence Restraining Order in Orange County?

A domestic violence restraining order in Orange County can be approved the same day you file if the proper procedure is followed. Several forms have to be completed and filed with the court. There is no fee to file these papers. You are required to notify the person whom you are requesting the restraining order against. If this is not possible, you can provide a reason, and the judge will decide if you can proceed or if your case has to be rescheduled.

What Terms Can Be Included in a Domestic Violence Restraining Order in California?

A domestic violence restraining order can include several different terms aimed at keeping you, your family, your pets, and your property safe from an abuser. The order could include no contact, a minimum distance the accused has to maintain, a mandatory move out of a shared residence, and not having weapons, firearms, ammunition, or body armor. The order may also prohibit actions such as harassment, stalking, or any type of harm.

What Happens When the State Takes Over a Domestic Violence Case in Orange County?

When the state takes over a domestic violence case in Orange County, it means that the prosecution feels there is enough evidence to secure a conviction. The prosecution in charge of the case decides if charges are brought against the accused. In situations where the victim withdraws their cooperation from the case, the prosecution can still charge the accused without relying on testimony from the victim.

Contact Dorie A. Rogers, APC

If you have been experiencing domestic violence or find yourself wrongly accused of domestic violence, you may need emergency assistance from a family law attorney. Hire a domestic violence lawyer ready to fight for your rights and interests. Contact Dorie A. Rogers, APC, today to schedule your initial, confidential consultation.