In this video, criminal defense attorney, Greg Balderrama, talks with Wallin & Klarich Senior Partner, Paul Wallin, to discuss what it takes to win if you or a loved one are accused of violating a restraining order.
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Transcript:
So, Greg, can you tell us about some of your most successful cases and why they were so successful, and the area that they were.
00:04:45
Gregory Balderrama: Well, most recently I had a misdemeanor case out of Orange County for a client who was accused of violating a restraining order which is pretty cut and dry really you would think. Get the person contact in any way shape or form or come within 100 yards of the person through a family law restraining order; violation of which is a criminal matter. So when you're dealing with a situation like that and where you have someone, a client with a contentious let's call, ex-girlfriend, you know, willing to say that my client violated it's, it's a difficult situation it's almost her word against his. And in this situation, my clients actually have proof that he was not even in that area at that time. Thankfully he had like an electronic timesheet, you know, not a written one electronic one that his supervisor was willing to say “yeah he was here, he can't just log in and not be here.” So, I mean it took several months to get to get the city prosecutor to agreed and to just dismiss these charges all right but something like that and he could have done, you know ,even jail time but taking a hit like that when he, when he absolutely did not do it at or losing his job was could have potentially happen or even losing standing with the family court because of the custody issues I mean he just has so much to lose. Spending a lot of time on this case was essential and getting that point across the prosecutor, you know, really helped him. So that's one good example. But a…
00:06:15
Paul J. Wallin: You know what's interesting is when you're talking about a case you won the restraining order matter and Greg was just talking about how…Restraining order matters are extremely serious people don't understand that if you are served with a restraining order, you better take it seriously. Like some people call us and they go, “Well, I'm not going to go around that person anyway, so I'll just let get the restraining order.” Not only, that’s a bad decision for many reasons. First of all, when you have a restraining order against you very often the police will know about it. Secondly, and more importantly, a person who hates you enough to go for a restraining order, or afraid of you is just as likely to go to the police and say you violated a restraining order, and the police have to take that seriously have to go out and arrest you. And now what?, now you should have taken that restraining order a lot more seriously.
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