If you're dealing with a domestic violence situation in Laguna Hills, you may find yourself facing a confusing tangle of legal proceedings. Two things that often get lumped together—a criminal domestic violence charge and a domestic violence restraining order (DVRO)—are actually separate matters handled in different courts under different rules. Understanding how they differ, and how they can overlap, is important for protecting yourself on every front.
Two Separate Legal Tracks
The single most important thing to grasp is that a criminal charge and a DVRO are distinct legal proceedings. They can arise from the same incident, but they move forward independently, and the outcome of one does not automatically determine the outcome of the other. It's entirely possible to face both at the same time, and many people in domestic violence situations do.
What a Criminal Domestic Violence Charge Involves
A criminal domestic violence charge is brought by the government—specifically, the prosecutor—against a defendant accused of a crime. The case is filed in criminal court, and the accuser is not the one in control of it. Even if the alleged victim wants the charges dropped, the prosecutor has the authority to proceed anyway.
Because this is a criminal matter, the stakes include the full range of criminal penalties: jail or prison time, fines, mandatory batterer's intervention programs, probation, and a permanent criminal record. Critically, the prosecution must prove its case beyond a reasonable doubt, which is the highest standard of proof in our legal system. You're also entitled to the constitutional protections that come with any criminal case, including the presumption of innocence and the right to a court-appointed attorney if you can't afford one.
What a DVRO Involves
A domestic violence restraining order, by contrast, is a civil matter. It's typically initiated by the alleged victim rather than the government, and its purpose is protective rather than punitive—the goal is to prevent future harm, not to punish past conduct with jail time.
Because a DVRO is civil, the burden of proof is much lower. Instead of proving abuse beyond a reasonable doubt, the person seeking the order generally must show it's more likely than not that abuse occurred—a standard known as a preponderance of the evidence. This lower bar is one reason a DVRO can be granted even in situations where a criminal conviction might be difficult to obtain. And in civil restraining order proceedings, there's no right to a court-appointed attorney, so you must arrange your own representation.
How the Two Can Intersect
The same incident frequently gives rise to both proceedings. A domestic disturbance call might lead police to arrest someone (triggering a criminal case) while the alleged victim simultaneously requests a restraining order (triggering a civil DVRO case). The two proceed on separate tracks, in separate courts, often on different timelines.
This overlap creates complications. For instance, statements you make in the restraining order proceeding could potentially be used against you in the criminal case. Coordinating your defense across both matters is essential, because a misstep in one can damage your position in the other.
Why You Need Experienced Guidance
Navigating a criminal charge and a DVRO at the same time requires a strategic, coordinated approach. An attorney who understands both proceedings can protect your rights across the board, ensuring that defending yourself in one arena doesn't undermine you in the other. This is not a situation to face without knowledgeable help.
Get Comprehensive Defense in Laguna Hills
If you're facing a domestic violence charge, a DVRO, or both in Laguna Hills, Attorney Michael L. Fell can help. As a California Board Certified Criminal Law Specialist, he understands how these proceedings interact and how to defend you effectively in each. Contact Law Office of Michael L. Fell today at (949) 585-9055 to discuss your situation.