Over the past several years, requests for Domestic Violence Restraining Orders for women in distress have become much more common in California Family Law Courts. Recently, the law has expanded to consider more types of abuse as violence. The following video addresses how to prove domestic violence in Court.
Going beyond threats and actual physical harm, to include harassment in various forms including internet stalking. In all cases, it falls to the Judge after trial to decide whether the behavior constitutes abuse.
If you are involved in a Domestic Violence proceeding, having knowledgeable and experienced advocates on your side is essential to establish the true facts and answer the question of whether the behavior is Domestic Violence under the law.
The outcomes of a Domestic Violence case can be far-reaching, and can even be decisive as to issues of child custody, the marital residence, and support. As such, securing a restraining order early in a case will generally benefit the victim beyond the restraint itself. This situation has led to countless filings on marginal or even fraudulent grounds and has forced courts to carefully scrutinize both sides to determine the truth of the allegations.
In general, Domestic Violence cases are commenced through a filing and an emergency hearing. The accused person is not always given notice or an opportunity to argue about the allegations at the emergency hearing, though they are generally allowed to argue the legal merits of the request and the question, of course, is how we can stop domestic violence for once and all.
From the emergency hearing, temporary restraining orders can be issued which last until the next court date when the Judge will decide whether to issue permanent restraining orders, dismiss the matter or set it for a trial. At this second hearing, sides will have an opportunity to more fully present argument and their side of the story, including evidence and witnesses regarding the alleged abuse.
When permanent Domestic Violence restraining orders are issued, they generally bar all contact (except that which is necessary for child visitation), between the parties for three to five years. The restraints themselves generally require a stay away zone of 100 yards from the person, their vehicle, workplace or school.
They will also include conduct restraints which forbid many other activities including stalking, harassing and attempting to contact the victim through third parties which may also lead to serious harm or even health issues like a heart attack. Violation of the restraining orders can result in felony charges under the penal code and jail time. Additionally, restrained persons cannot own guns and may be ordered to attend 52 weeks of batterer’s intervention classes.
Restrained persons are placed on an electronic registry known as CLETS. The CLETS system allows law enforcement to immediately verify if there is a restraining order and if they determine there is a violation, arrest the individual. Being on this registry can affect the person’s employment, the ability to obtain employment, and immigration status.
As to the relationship with children, when Domestic Violence Restraining Orders have been entered the Family Code requires Judges to heavily scrutinize whether any type of child custody is appropriate for the restrained person. If the court intends to order that the restrained person should even only joint custody of the children, then the court must issue a written decision explaining exactly why. This is a significant requirement that weighs heavily on Judges in Domestic Violence matters though things should be kept as simple as possible.
In the United States, a woman is battered every 15 seconds, usually by her intimate partner. Domestic violence does not go away; it gets worse with time. If you are a victim, you must seek help. Requesting a Temporary Restraining Order will protect you by the California court system. But domestic violence not only happens to women. Also, in the gay community, the number of reports are alarming!
A temporary restraining order for domestic violence is a court order to protect an individual from being threatened, physically abused, harassed, or threatened – usually by a spouse or partner. It is issued to prevent acts of abuse by a batterer, which can be defined as intentional attempts to cause bodily injury, sexual assault, or disturbing the peace of the other party.
It can last between 15 and 21 days until your permanent hearing is held. California has stringent domestic violence laws that cover intimate partners. Intimate partners include both heterosexual and same-sex couples who are spouses, boy or girlfriends, cohabitants, divorcees or people with children in common.
The purpose of a temporary restraining order is to protect the victim of intimate abuse from additional harm and offer victims the chance to get a healthy lifestyle again. A restraining order can keep your abuser away from you, your home, workplace and your children – he or she must remain at a certain distance. It prohibits your abuser from owning a weapon or anything that can threaten you. If the abuser violates the order, he or she will face jail time.
If you believe you are in immediate danger, call the police for help. The officer will contact a judge on your behalf or at their own discretion and request an Emergency Protective Order, which lasts for five to seven days. It will be effective until you go to court and request a Temporary Restraining Order, which will protect you for up to three weeks. If a permanent restraining order is needed, it will be effective for one to three years.