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Office of the District Attorney, Tony Rackauckas, Orange County DA
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The Family Protection Unit is responsible for the prosecution of domestic violence.  Domestic violence is defined as an act of violence, or threat to commit an act of physical violence, against one’s spouse, former spouse, cohabitant or former cohabitant, present or former boyfriend/girlfriend/fiancée/fiancé, or other parent of a child in common.  Many victims are reluctant to prosecute due to family dynamics and pressures.  The essence of domestic violence is the RELATIONSHIP between the parties.  Therefore, virtually any crime of violence (murder, robbery, or assault) could be domestic violence.  The most frequently used code section reserved specifically for these crimes is PC 273.5, which is defined as a person who willfully inflicts corporal injury (visible or actual) on another with whom they share a relationship.

 

The Family Protection Unit looks at several factors in deciding whether to charge a case as a felony or a misdemeanor, including the nature and severity of the attack, infliction of injury, extent of the injury inflicted, use of any weapon, history of the parties as to prior assaults or threats, criminal history of either party, presence of alcohol/drug use between the parties, and any other aggravating or mitigating circumstance. 

 

These types of cases require special expertise and sensitivity.  Veteran prosecutors with extensive felony trial experience will be assigned to prosecute these cases from filing to sentencing.  They are also assigned a veteran investigator to prosecute these crimes.  Both the investigator and prosecutor attend specialized training on the subject. 

 

The Family Protection Unit specializes in the felony filings of domestic violence. The misdemeanor filings of domestic violence are handled by the appropriate branch courts. If the injury or violence results in death, then the case will be prosecuted by the Homicide Unit.

 


 

Office of the District Attorney. Main Office: 401 Civic Center Drive, Santa Ana, California 92701
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