Monday, April 15, 2013

Domestic Violence Charge And The Own Recognizance (O.R.) Release



If you are arrested for Domestic Battery, Criminal Threats, or any other Domestic Violence charge in Orange County, you will be booked at the Orange County jail or the local city jail. Bail will be set and unless bail is posted you will remain in custody until you are brought before a judge. At this first hearing, called an arraignment, your Orange County Domestic Violence Lawyer can make a motion for you to be released from custody on your own recognizance. This is called an “O.R. release” and it doesn’t require that you post any bail.

If your Domestic Violence Lawyer in Orange County is successful in convincing the judge to grant you an O.R. release, you will have to sign a promise-to-appear agreement that includes:

  • Your promise to appear at all domestic violence court dates with your Orange County Domestic Violence Attorney as ordered;
  • Your promise to obey all reasonable conditions imposed by the domestic violence court;
  • Your promise not to leave the state without the domestic violence court’s permission;
  • That you comply with the domestic violence Protective Orders;
  • Your agreement to waive extradition if you flee and are caught in another jurisdiction;
  • Your acknowledgment that you have been informed by your Orange County Domestic Violence Attorneys of the consequences of violating the conditions of release; which include being jailed during the pendency of your domestic violence case and possibly new criminal charges.
These conditions are usually found on the preprinted release forms used by the courts. However, if the domestic violence judge allows a “supervised O.R. release”, then other conditions may apply including;

  • You must report to a probation officer;
  • You must remain within the county unless the probation officer gives you permission to leave;
  • No use of drugs or alcohol while your domestic violence charges are being litigated and submission to drug and alcohol testing;
  • That you not possess any weapons that could be used in inflicting Corporal Injury  in a new act of domestic violence.
If you have been arrested for domestic violence in Orange County and would like to consult with an experienced Domestic Violence Attorney in Orange County, call the Law Offices of EJ Stopyro today at (949) 559-5500. The consultation is free and confidential. Or visit our website at www.EJEsquire.com.

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