Criminal Domestic Violence cases are usually misdemeanors (1 year of jail or less), however if the allegations are serious, the case can be charged as a felony. Most of the time when a person is arrested for domestic violence, they will not be given a bond until they see a judge. This usually occurs within 24 hours. The Judge will also decide the conditions of release, including whether or not the person can have contact with the alleged victim, return to the home, or have contact with the children. Having an attorney present at first appearance can be very helpful in these preliminary matters and for later on in the case.
Domestic violence cases in Orange County are usually heard in a specific domestic violence division. In other counties they may be heard in front of the regular trial division. Domestic violence cases can be enhanced if there are prior offenses or if the allegations are more serious.
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