Own Recognizance Hearings and Domestic Violence
Persons charged with certain domestic violence crimes including misdemeanors or felonies may not be released on their own recognizance or OR without a court hearing. In cases involving domestic violence, the judge considers information presented by the prosecutor regarding the person's prior convictions for domestic violence, other crimes of violence, weapons offenses and whether a court has issued a protective or restraining order in civil or criminal court. While generally a judge may consider favorably the fact that a person has maintained a home for an extended period of time in the community, in a domestic violence case, the judge will consider whether the person's return to the family home may give rise to more violence. If you are arrested or charged with a crime involving domestic violence, contact Christine McGuire, the Santa Cruz Domestic Violence Defense Attorney/Lawyer, Santa Clara County Domestic Violence Defense Attorney.