New Domestic Violence Laws for 2010
The criminal laws of Orange County and California change frequently and the information provided should not be relied upon as legal advice. Contact a criminal defense attorney for legal assistance in all matters of the law including domestic violence crimes.
MISDEMEANORS
PEN 853.6
Seeks to protect victims of domestic violence from re-victimization by clarifying that a person charged with a misdemeanor domestic violence may not be released on their own recognizance until they first appear before a judge or commissioner. Currently, there are discrepancies in state law that potentially allow for the release of a person charged without ever appearing before a judge or commissioner.
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RESTRAINING OR PROTECTIVE ORDERS
PEN 836
Existing law provides that where a peace officer responds to a domestic violence call where there are mutual protective orders, liability for arrest applies to the person reasonably believed to be the "primary aggressor," as defined. Other existing provisions of law relating to domestic violence define the term "dominant aggressor" identically to the definition of "primary aggressor." This law alters provisions relating to mutual protective orders by replacing the term "primary aggressor" with "dominant aggressor."
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SEARCH WARRANTS
PEN 1524
Allows law enforcement officers to obtain search warrants to remove firearms and other deadly weapons from the scene of a domestic violence incident or from individuals who pose an immediate danger to themselves if they make the arrest or detention outside a residence and no exigent circumstance exists allowing them access to the inside of the residence.
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Contact Orange County domestic violence lawyer Edward R.Flores
(714) 769-1200
CONDITIONAL EXAMINATION OF WITNESSES
PEN 1335, 1337, and 1341
Many domestic violence cases are now dismissed because victims fear to testify against their accuser in court. Current law allows testimony to be taken ahead of time from certain vulnerable populations. This law extends that provision to victims and witnesses in domestic violence cases. The right of cross-examination is preserved. It applies only where the life of the witness/victim is in jeopardy or where the prior domestic violence case was dismissed and re-filed due to the unavailability of the witness.
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The criminal laws of Orange County and California change frequently and the information provided should not be relied upon as legal advice. Contact a criminal defense attorney for legal assistance in all matters of the law including domestic violence crimes.
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