Assaults & Batteries

It’s 9:45 am and your phone rings. The caller ID says that it’s your ex-girlfriend and you smile, hoping that she’s had a chance to think about it, she misses you and is calling to suggest you get together to talk about it. Instead she says “this is formal notice that I’m seeking a temporary restraining order in Orange County today at 1:30”. With that, she hangs up. You show up at court and realize that not only is she seeking a court order to prevent you from contacting her for 3 years, she’s asking for full control over the home you share together and attorneys fees.

Sheriff deputies show up at your door, confirm your identity and hand you a restraining order, telling you that you need to stay at least 300 yards away from Joe Schmoe, the jerk who works down the office hallway, who you’ve been waiting for the boss to fire. What does this mean? Can you legally even show up at work?

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Restitution has been an issue in two cases this week. Briefly, when one person is convicted of committing a crime against another, he is liable for “restitution” or payment for the damages caused by that crime. In a theft case, this means he must repay what he is accused of stealing and any affiliated costs, like replacement goods. In an assault and battery case, he must pay for doctors bills. In a hit and run, he must pay for damages to the other car.

In the Orange County criminal courts, especially the Harbor Justice Center, restitution is handled in one of two ways. It is either spelled out as an exact dollar amount at the time of the plea bargain or “to be determined”. When restitution is “to be determined”, the criminal case file is handed over to the Orange County criminal court’s Victim Witness office, which then contacts the victim and asks them to list the damages that they suffered.

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Articles Posted in Assaults & Batteries

What do I do if I’m served with a restraining order?

Restitution in Criminal Cases