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Q: If I am a victim of domestic violence and want to drop the charges, can I?
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Q: How do I get a restraining order?
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Q: I want a restraining order to keep my [husband/wife, boyfriend/girlfriend, or other person] away from me. Will the DA’s Office do this for me?
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Q: I don’t want to be pushed into leaving him. I just want information and help. What can I do?
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Q: If I am a victim of domestic violence and want to drop the charges, can I?
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A: Many people incorrectly believe a victim of crime has the power to “press charges” and “drop the charges” against a defendant. The District Attorney’s Office prosecutes crimes on behalf of the State of California. The decision to drop charges in any criminal prosecution can only be made by a prosecutor with the approval of a judge. The victim’s wishes will be considered, but the final determination of whether or not the charges will be filed or dismissed rests with the District Attorney’s Office. If you would like to discuss your case, you should contact the deputy district attorney assigned to your case who may arrange a meeting between you, the prosecutor, and an investigator.
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Q: How do I get a restraining order?
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A: If the police were called, the officer may have gotten an emergency protective order at the time of the assault. If the police were not called, or if there was nothing that the police could do because there was not enough evidence for there to be criminal charges filed, you can seek your own protective order. You need to go to the 7th floor of the Lamoreaux Justice Center, 341 City Drive South, Orange, California, where you will find assistance. Alternatively, you can contact one of the battered women’s shelters for assistance in getting an order.
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Q: I want a restraining order to keep my [husband/wife, boyfriend/girlfriend, or other person] away from me. Will the DA’s Office do this for me?
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A: It depends. If there are no pending criminal charges, you may choose to consult a private attorney. If you do not have an attorney, you can call the Lawyer Referral Service which is operated by the Orange County Bar Association at (949) 440-6700. Also, the Victim/Witness Assistance Program may be able to assist you in obtaining a domestic violence restraining order. Contact the Domestic Violence Assistance Program located at the Lamoreaux Justice Center in the City of Orange. Their phone number is (714) 935-7956. If criminal charges are pending against your husband/wife, etc., the District Attorney’s Office generally requests a criminal protective order pending resolution of the case. Protective orders are granted at the discretion of the court. Oftentimes the District Attorney’s Office will request a criminal protective order as part of a defendant’s sentencing. If you are being abused, you should contact your local police agency to file a report. The police agency may also assist you in obtaining an emergency protective order.
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Q: I don’t want to be pushed into leaving him. I just want information and help. What can I do?
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A: Each battered women’s shelter has outreach help and walk-in centers where women who aren’t sure what to do can still get information and help. You don’t have to move into the shelter to get help from the people who work there. Contact them for safety planning, for counseling referrals, and for general information about what is available in the community. Click here for domestic violence resources.
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