The Law Offices of William W. Bruzzo makes these requests in Orange County courtrooms regularly.

Who Can Change a Criminal Protective Order in California?

Only the court that issued a criminal protective order can change it. Penal Code 136.2 gives the issuing court authority to modify the order throughout its duration.

A criminal protective order is issued inside the criminal case and is separate from any civil restraining order the other side may file. If the protected person wants it lifted, their position is information the judge and prosecutor may weigh. It is not a decision they control, and a call from them to the district attorney will not end the order.

How Do You Request a Criminal Protective Order Modification?

A criminal protective order modification is requested in court, on the record, through your attorney. It asks the judge to change the terms rather than erase the order.

The most common request moves a no-contact order to one allowing peaceful contact, which can let a defendant return home while the case is open. A pretrial order stays in effect until further order of the court, and terminating one requires a separate Judicial Council form, CR-165, filed by the court.

Can Contacting the Protected Person Lead to New Charges?

Contacting the protected person can absolutely lead to new charges, and it is the most common way a defendant turns one case into two.

Violating the order is separately prosecutable under Penal Code 166. Beyond that, asking the protected person to change their account, skip a court date, or approach the prosecutor on your behalf can be charged as dissuading a witness under Penal Code 136.1. Either one is a more serious problem than the domestic violence charge you started with. If you want the order changed, the request goes through your attorney and into the courtroom.

How Long Does a Criminal Protective Order Last in California?

A criminal protective order in California lasts anywhere from the life of the case to 15 years, depending on the statute it was issued under.

• A pretrial order remains in effect until further order of the court
• If the order lists no expiration date, it expires three years from issuance
• Orders under Penal Code 136.2(i)(1), 368(l) and 646.9(k) may run up to 10 years
• Orders under Penal Code 273.5(j) may run up to 15 years

The criminal protective order form itself shows which statute the judge checked, and that box decides which range applies to you. These orders also carry a firearm prohibition, and possessing a firearm while subject to one is a crime under Penal Code 29825.

Ask an Orange County Criminal Defense Lawyer to Bring the Request

If a protective order is keeping you out of your home, the request has to be made properly and in court. Call the Law Offices of William W. Bruzzo at (714) 547-4636 or contact us online for a free consultation.

The Law Offices of William W. Bruzzo has defended these cases in Orange County for more than 30 years.

Why Can’t a Domestic Violence Victim Drop the Charges?

A domestic violence victim cannot drop the charges because the charges were never theirs. A California domestic violence charge is filed by the district attorney on behalf of the state.

Telling the prosecutor they no longer support the case is information the office can weigh, and prosecutors do sometimes reduce or dismiss. But the decision belongs to the district attorney, and in Orange County these cases are frequently pursued whether or not the complaining witness cooperates.

What Evidence Do Prosecutors Use in a Domestic Violence Case?

Prosecutors build a domestic violence case on evidence gathered in the first hour, before anyone has changed their mind. That evidence typically includes:

• The 911 recording
• Body worn camera footage from responding officers
• Photographs of injuries or the scene
• Statements made to officers at the time
• Medical records
• Prior reported incidents

None of that disappears when someone recants. The later account becomes one more piece of evidence, and the prosecutor will compare it against the first. How that comparison plays out shapes the defenses available in a domestic violence case.

Can a Domestic Violence Victim Be Forced to Testify in California?

A domestic violence victim cannot be jailed for refusing to testify in California, but the protection is narrower than most people assume.

Under Code of Civil Procedure 1219(b), a court cannot imprison, confine, or place in custody the victim of a domestic violence or sexual assault crime for contempt when the contempt consists of refusing to testify about that crime. The court may first refer them to a domestic violence counselor.

That protection covers refusing to testify. It does not cover ignoring a subpoena. Someone properly served who fails to appear at all is in a different position.

Can You Be Charged for Contacting the Complaining Witness?

You can be charged for contacting the complaining witness, and it is the most damaging thing a defendant can do at this stage.

Asking them to change their account, stay away from court, or speak to the prosecutor on your behalf can be charged as dissuading a witness under Penal Code 136.1. If a protective order is already in place, the contact itself may violate it. Both problems are worse than the case you already have.

Talk to an Orange County Criminal Defense Lawyer Before You Reach Out

If the person who called police has changed their account, that information reaches the prosecutor through your attorney, not through you. Call the Law Offices of William W. Bruzzo at (714) 547-4636 or contact us online for a free consultation with an Orange County criminal defense lawyer.

The Law Offices of William W. Bruzzo handles firearm and domestic violence matters together, because in Orange County they arrive together.

Why Are Firearms Surrendered Before a Conviction in California?

Firearms are surrendered before a conviction because the protective order is the trigger, not the verdict. An order can issue at arraignment, months before a case resolves, and the obligation applies regardless of how the case ends.

Two different orders produce the requirement. A criminal protective order in your case falls under Code of Civil Procedure 527.9. A civil domestic violence restraining order falls under Family Code 6389. The deadlines match either way.

What Are the 24-Hour and 48-Hour Firearm Surrender Deadlines?

Two firearm surrender deadlines start the moment you are served, and missing either one creates a new problem.

• Surrender immediately if a law enforcement officer requests it at the time of service
• Otherwise relinquish within 24 hours, by surrendering to local law enforcement or selling, transferring, or storing with a licensed dealer
• Within 48 hours, file the receipt with the court that issued the order
• File a copy of that receipt with the agency that served the order

Failing to file the receipt on time is itself a violation of the protective order. The receipt is Judicial Council form DV-800, and Orange County Superior Court provides local instructions in English, Spanish and Vietnamese. Possessing a firearm while an order is in effect is a crime under Penal Code 29825, separate from your original charge and from any concealed or loaded firearm charge.

How Long Does a Domestic Violence Conviction Ban Firearms?

A domestic violence conviction bans firearms for either 10 years or life in California, depending on the charge.

• A felony conviction carries a lifetime California prohibition under Penal Code 29800
• A list of misdemeanors in Penal Code 29805 carries a 10-year California prohibition
• A misdemeanor conviction under Penal Code 273.5 on or after January 1, 2019 carries a lifetime California prohibition
• Federal law under 18 U.S.C. 922(g) separately imposes a lifetime prohibition following qualifying convictions

State and federal periods do not match. A California 10-year period can expire while a federal prohibition continues, so time alone does not tell you where you stand.

How Do You Get Firearms Back After a Protective Order Ends?

Firearms are not returned automatically when a protective order ends. Release runs through an application to the California Department of Justice Bureau of Firearms, and the agency holding them will not release without it.

Talk to an Orange County Criminal Defense Lawyer Before the Clock Runs Out

The relinquishment clock starts when you are served, not when your case ends. Call the Law Offices of William W. Bruzzo at (714) 547-4636 or contact us online for a free consultation.

In this blog post, we will delve into what a diversion program is, who is eligible for it, and whether you need a lawyer to help you navigate this process. If you are facing criminal charges in Orange County, the Law Offices of William W. Bruzzo can provide you with the legal guidance you need. Give us a call at (714) 547-4636 or to schedule a consultation.

What is a Diversion Program?

A diversion program is an alternative to traditional criminal prosecution. It offers individuals facing criminal charges an opportunity to resolve their case without a conviction on their record, provided they successfully complete certain requirements. These requirements typically include rehabilitation programs, community service, drug testing, counseling, or educational courses tailored to the specific offense.

The goal of a diversion program is to address the root cause of the criminal behavior and provide individuals with the necessary tools to reform and reintegrate into society. By participating in a diversion program, individuals can avoid the negative consequences of a criminal conviction, such as incarceration, hefty fines, and a tarnished reputation.

Who is Eligible for a Diversion Program?

Diversion programs are typically offered for certain offenses, such as drug possession, theft, vandalism, and low-level non-violent crimes. Eligibility criteria may vary depending on the jurisdiction and the specific program in question. Generally, individuals who have little or no prior criminal history and whose charges are non-violent or related to substance abuse issues have a higher chance of being eligible for a diversion program.

Prosecutors are usually responsible for evaluating a defendant’s eligibility for a diversion program. They consider factors such as the severity of the offense, the defendant’s willingness to accept responsibility, and their likelihood of successfully completing the program. It’s important to note that the defendant’s willingness to cooperate and demonstrate genuine remorse can significantly increase their chances of being accepted into a diversion program.

Do You Need a Lawyer to Get Into a Diversion Program?

While it is possible to navigate the process of applying for a diversion program without legal representation, having an experienced Orange County criminal defense attorney by your side can greatly improve your chances of success. A skilled lawyer can guide you through the complexities of the legal system, advocate for your interests, and help you present a strong case for diversion.

An attorney from the Law Offices of William W. Bruzzo can assess your eligibility for a diversion program and take the necessary steps to increase your chances of being accepted. They can gather evidence, negotiate with prosecutors, and present compelling arguments that highlight your commitment to rehabilitation and the potential benefits a diversion program can bring.

By having an attorney navigate the diversion program process on your behalf, you can focus on completing the program requirements and getting your life back on track. Your attorney will ensure that all necessary paperwork is filed accurately and on time, minimizing the chances of administrative errors that could jeopardize your eligibility.

Call an Orange County Criminal Defense Lawyer Today

If you are facing criminal charges in Orange County and want to explore the possibility of a diversion program, the team at the Law Offices of William W. Bruzzo is here to help. With over 30 years of experience in criminal law, Mr. Bruzzo has extensive knowledge of local courts in Orange County and can make a difference in the outcome of your case.

To schedule a consultation, call (714) 547-4636 or contact us online. Attorney William W. Bruzzo will provide you with personalized legal representation and guidance to protect your rights, reputation, and future. Don’t face these charges alone – reach out to an experienced attorney today.