Many counties in California have a domestic violence court, which specifically deals with domestic violence cases. Although each county runs its domestic violence court a little differently, each domestic violence court focuses specifically on domestic violence, particularly issues such as screening for related cases, providing options for the parties involved, and monitoring.
Most domestic violence courts use a broad definition of “domestic violence” when assigning specific cases to the court. Therefore, cases that involve accusations of crimes such as assault and battery may wind up on the domestic violence docket if they involve members of the same family or people who were or are in an intimate relationship. Domestic violence courts may also handle restraining orders, which consist of rules a person accused of domestic violence in California must follow when dealing with the person making the accusation.
Domestic violence courts are similar in many ways to other California “collaborative courts” like drug courts, community/homeless courts, and veterans’ courts. These courts try to focus on solving problems long-term by giving the parties and their attorneys a chance to work together, instead of forcing them to use the adversarial process in a typical trial. Domestic violence courts, however, often focus on ensuring that everyone involved is safe as well as handling the legal issues at hand.
If you have been charged with domestic violence in California, please don’t hesitate to call experienced Orange County domestic violence defense attorney Maltaise Cini. Ms. Cini can help you understand your legal options and will fight to ensure your rights are protected. To learn more, call Maltaise Cini today at 949-660-1389.
When a driver is arrested for drunk driving in California (also known as driving under the influence or DUI), the arresting police officer will confiscate the driver’s license and give them a Notice of Suspension form. Under California law, the police officer must then send the driver’s license, a copy of the Notice of Suspension form, and the results of any breath or blood tests to the California Department of Motor Vehicles (DMV).
Drivers who are arrested on suspicion of DUI must deal not only with the penalties of the criminal courts, but also with the administrative penalties imposed by DMV. Drivers have 10 days to ask for a hearing from the date the police officer confiscates their licenses. If a driver does not request a hearing within the statutory time period they will have waived their right to a DMV hearing and their CDL will be automatically suspended. The DMV hearing is different from a criminal trial, as it deals solely with the issues of 1. whether or not the officer had probable cause to stop the driver and 2. Whether or not an individual was operating a motor vehicle with a alcohol level of .08 or higher. If DMV finds both of these issues to be true the driver’s CDL will be suspended by DMV. The driver will have to “wait out” the suspension, enroll in an alcohol program, show proof of an SR22 and pay a reinstatement fee to DMV have their driving privilege reinstated.
An experienced California drunk driving lawyer will know how to represent you effectively in both a DMV hearing and in front of the court. If you have been arrested or charged with a DUI in Orange County, contact attorney Maltaise Cini. Ms. Cini has the legal resources and the experience that is needed to aggressively fight for your legal rights, whether you are dealing with the DMV or the court. To learn more, call Maltaise Cini today at 949-660-1389.
Researchers and public safety advocates have long complained that domestic violence injuries are underreported and that often, those who provide medical care to survivors of domestic violence do not report what they have seen or learned. In order to prevent this, California, along with several U.S. states, recently passed a mandatory domestic violence reporting law.
The law requires healthcare providers to report to police if they treat a patient whom they reasonably believe was injured by a firearm, a deadly weapon, or by “assaultive or abusive contact.” Failing to make a report within two days is a misdemeanor, and it carries penalties including a $1,000 fine, six months in jail, or both.
An article in the Western Journal of Medicine, however, questioned whether California’s domestic violence reporting law goes too far in trying to protect those who experience domestic violence. Proponents uphold the law by pointing out that it helps educate patients, prevent further violence, and hold perpetrators responsible for their actions. However, detractors point out that the law doesn’t improve patient care and removes the injured person’s ability to choose who should be told what happened and when. Being unable to control who gets involved may prevent injured people from seeking medical care, even if a domestic dispute had nothing to do with their injuries.
Domestic violence is a highly emotionally charged crime, and those who are charged with it need a clear-headed, experienced attorney fighting on their behalf. If you have been charged with domestic violence in California, Orange County domestic violence defense attorney Maltaise Cini has the resources and experience that is needed to focus on the facts and fight for the best possible outcome in your case. To learn more, call 949-660-1389 for a confidential consultation.
Blood alcohol concentration, also referred to as BAC, is one of the key issues in any drunk driving case. This is because California law makes it a crime to drive a vehicle if your BAC is higher than 0.08 percent, no matter how impaired you feel or how good or bad your driving is.
When you have an alcoholic drink, your body absorbs the alcohol through the linings of the stomach and small intestine. The alcohol ends up in the blood, where it travels to every part of the body, including the brain. All types of alcoholic drinks will affect your BAC, as will how fast you drink, whether you drink while eating food, and your gender. Women’s bodies tend to store more water than men’s, so alcohol, which mixes with the water, stays in a woman’s bloodstream for longer, on average, than in a man’s.
Since it can take over an hour for a person to reach “peak” impairment after drinking, it matters what a person’s BAC is if they are stopped on suspicion of drunk driving – and it may not be the same as the person’s BAC when they are tested later on, such as at a police station. In order to get a BAC reading as close as possible to when an officer stops someone, most police officers use a breathalyzer or other breath test machine. Like all machines, breathalyzers must be operated correctly in order to give an accurate reading.
If you have been charged with drunk driving in California, experienced Orange County DUI attorney Maltaise Cini can help built a strong defense on your behalf by examining the details of your case, including the results of any BAC test. Armed with this information, Ms. Cini will fight for the best possible outcome in your case. To learn more, call 949-660-1389 for a confidential consultation.
In many domestic violence cases, the alleged victim will ask the court for a restraining order to be placed against the person who has been charged with domestic violence. The court can issue a restraining order even if the domestic violence charges have not yet been proved in court.
A restraining order usually orders the person accused of domestic violence to do some or all of the following things:
- Follow all orders related to a divorce, such as paying child support or spousal support and obeying child custody and visitation orders;
- Move out of the house or apartment;
- Not make contact with the alleged victim or their children, family members, pets, or others who live with the alleged victim;
- Not own, borrow, or have a gun;
- Pay certain bills or release certain property to the alleged victim; and
- Stay away from the alleged victim’s home, workplace, or children’s schools.
A person charged with domestic violence faces jail time, fines, or other penalties if they violate the restraining order. Therefore, make sure you fully understand each rule included in the restraining order and follow it, even if doing so is difficult.
If you are under a domestic violence restraining order or are facing charges of domestic violence, it may be in your best interest to consult with an experienced Orange County domestic violence attorney. Maltaise Cini can help you understand and follow the rules of the restraining order, and she will fight on your behalf to get the order changed, if necessary. She also has the courtroom experience to fight for the best possible outcome in your domestic violence case. For a free consultation, call 949-660-1389 today.
