Legal Question in Criminal Law in California

Re: Falsely acused in domestic violance case

Thanks for your posting.

What you have is two separate cases. Department C-53 in Central Orange County (Judge Munoz) is a criminal domestic violence department. Department L-71 in the Family Law Court does, as the name implies, family law.

If you have been charged with a crime, the local rules require an immediate domestic violence restraining order while the criminal case is pending. In a family law case, a judge will make a finding as to whether or not a civil restraining order is needed, and will issue a temporary order. Although they both are called "restraining orders", they issue from different sources of authority and are for different purposes.

You will need to oppose both the family law restraining order and defend the criminal case to prevail as to both findings, and have both lifted.

Best of luck, and if you have more specific questions, please feel free to email me.

Re: Falsely acused in domestic violance case

To answer the question specifically, the order from the criminal court contains language which, if checked, allows the restrained person to have peaceful contact with the protected persons named for court-ordered visitation as ordered in prior or subsequent Family Court and Juvenile Court orders as an exemption to the "no contact" and "stay away" provisions of the criminal order. If that box isn't checked, it should be, and you should talk to your lawyer about getting it amended. So, yes, the 2 orders can peacefully coexist. I'm not going to address the issue of failure to give 4 hour notice for the family court order, because that is a civil question and I don't know the answer (being a criminal lawyer).