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What is domestic violence?
Domestic violence is abuse or threats of abuse when the abused person and the abuser are or have been in an intimate relationship (married or domestic partner, dating or dating, living or living together, or having a child together). It is also true when the abused person and the abusive person are closely related by blood or marriage.
Domestic violence laws say that “abuse” is:
- Physically injuring or attempting to injure someone, intentionally or recklessly;
- sexual assault;
- Placing someone in reasonable fear that they or someone else is about to suffer serious harm (such as threats or promises to harm someone); EITHER
- Behavior such as harassing, stalking, threatening or hitting someone; disturb someone's peace; or destroy someone's personal property.
Physical abuse is not just hitting. Abuse can be kicking, shoving, shoving, pulling your hair, throwing things, scaring or following you, or preventing you from going in and out freely. It can even include physical abuse of family pets.
Also, keep in mind that the abuse in domestic violence does not have to be physical. Abuse can be verbal (spoken), emotional, or psychological. You don't have to be physically hit to be abused. Abuse often takes many forms, and abusers use a combination of tactics to control and gain power over the abused person. Read more aboutdomestic violence and abuse🇧🇷 If you live in a tribal community in California and experience domestic violence, click forGet more information.
If you are being abused in any of these ways or feel afraid or controlled by your partner or someone close to you, it may be helpful to talk to a domestic violence counselor, even if you don't want to (or aren't sure if you want to) ask for protection legal. Finddomestic violence resources in your county🇬🇧 Finddomestic violence resources in tribal communities.
Read about domestic violence laws that start withCalifornia Family Code Section 6203🇧🇷 You can find domestic violence criminal laws in the California Penal Code, such asArticle 273.5 of the Penal Code,Section 243(e)(1) of the Penal Code, and another.
Domestic Violence Restraining Orders
A domestic violence restraining order is a court order that helps protect people from abuse or threats of abuse by someone they are close to.
You can file for a domestic violence restraining order if:
- Someone abused (or threatened to abuse) you;
- You have a close relationship with this person. You are:
- Married or registered common-law couples,
- Divorced or separated,
- I go out or used to go out,
- Living together or living together (rather than roommates),
- Joint parents of one child, OR
- Close relationship (father, son, brother, sister, grandmother, grandfather, brother-in-law).
If you are a parent and your child is being abused, you can also file a restraining order on behalf of your child to protect your child (and yourself and other family members). If your child is 12 or older, you can file the restraining order on your own.
If you do not qualify for a domestic violence restraining order, there are other types of orders you can ask for:
- Civil Harassment Restraining Order (can be used for neighbors, roommates, co-workers, or more distant relatives such as cousins, uncles, etc.). Find more information atget a restraining order for civil harassment.
- Restraining Order for Elder or Dependent Adult Abuse (if the abused person is 65 or older; or 18-64 and a dependent adult). Find more information atget a dependent or elder abuse restraining order.
- Workplace Violence Restraining Order (filed by an employer to protect an employee from violence, stalking, or harassment by another person). Find more information atget a workplace violence restraining order.
If you are not sure what kind of restraining order you should get, talk to a lawyer. for helpfind a lawyer🇧🇷 Also, his courtfamily law facilitatoroself help centermay be able to help you. it's yourslocal legal services officesThey can also help you or refer you to someone who can.
If you live in an Indian tribal community or reservation, the tribe may have resources to help you. If there is a tribal court, the court can grant you an order of protection. click tomore information about tribal courts.
What a Restraining Order CAN Do
The injunction is a court order. You can order the restrained person to:
- Not contact or go near you, your children, other family members, or other people who live with you;
- Stay away from your home, work, or your children's school;
- Leaving home (even if you live together);
- Not having a weapon;
- Comply with child custody and visitation orders;
- Pay alimony;
- Pay child support to your spouse or partner (if married or partner);
- Stay away from any of your pets;
- Transfer rights to a mobile phone number and account to the protected person (see more information);
- Pay certain bills;
- Do not make changes to insurance policies;
- Not incur large expenses or do anything significant that affects your assets or those of another person if you are married or in a relationship;
- Release or return certain assets; Y
- Complete a 52-week bullying intervention program.
After the court issues (makes) a restraining order, the order is entered into a state computer system (called CLETS) that all law enforcement officers have access to. And your restraining order works anywhere in the United States. If you are leaving California, please contact your new local police to inform them of your warrants.
If you move to California with a restraining order from another state or if you have a restraining order issued by a tribal court (in California or elsewhere in the US), your restraining order will be valid anywhere in California and the police will enforce it. it's. If you want your restraining order entered into the State of California's domestic violence computer system, you may file your order with the court. Fill in and make aTribal or Out-of-State Court Protective/Restraining Order Search Order (CLETS)(Form DV-600) to your local court. Bring a certified copy of your application with you. But keep in mind that you are not required to file your restraining order in tribal or other state court. A valid order is executable even if you do not register it.
What a restraining order CANNOT do
The restraining order cannot:
- End your marriage or common-law relationship. It is NOT a divorce.
- Establish paternity (paternity) of your children with the restrained person (if you are not married or in a domestic partnership with them), UNLESS you and the restrained person agree on the paternity of your child or children and agree agreement with the court to hold a judgment on parentage. read and usePaternity Agreement and Sentencing(Form DV-180) to do that.
read the sectionDivorce and Legal Separationfor information on how to get divorced or legally separated.
read the sectionKinshipfor relationship (paternity) information when the parents of a child are not married and not in a domestic partnership.
Effect of a restraining order on the restrained person
For the person to be restrained, the consequences of having a court order against them can be very serious.
- He or she will not be able to go to certain places or do certain things.
- He or she may have to leave the house.
- This can affect your ability to see your children.
- He or she will generally not be able to own a gun. (He or she will have to turn in, sell, or keep any firearm in her possession, and will not be able to buy a gun while the restraining order is in effect.)
- The restraining order may affect your immigration status. If you are concerned about this, talk to an immigration attorney to find out if it will affect you.
If the restrained person violates the restraining order, they could go to jail or pay a fine, or both.
Types of Domestic Violence Restraining Orders
Emergency Protection Order (EPO)
An EPO is a type of restraining order that can only be requested by the police by calling a judge. Judges are available to issue EPOs 24 hours a day. Thus, the police officer who responds to a domestic violence call can request an urgent protection measure from the judge at any time of the day or night.
The emergency protective order starts immediately and can last up to 7 days. The judge can order the abuser to leave the home and stay away from the victim and children for up to a week. This gives the victim of abuse enough time to go to court and ask for a temporary restraining order.
To get an order that lasts longer than an EPO, you must apply to the court for a temporary restraining order (also called a “TRO”).
Temporary Restraining Order (TRO)
When you go to court to ask for a domestic violence restraining order, you fill out paperwork telling the judge everything that happened and why you need a restraining order. If the judge thinks he needs protection, he will give you a temporary restraining order.
Temporary restraining orders usually last 20-25 days, until the date of the court hearing.
"Permanent" Restraining Order
When you go to court for your scheduled TRO hearing, the judge can issue a "permanent" restraining order. They are not really "permanent" because they usually last up to 5 years.
At the end of those 5 years (or when your order ends), you can file for a new restraining order to stay protected.
Criminal protection order or restraining order
Sometimes when there is a domestic violence incident (or series of incidents), the district attorney will file criminal charges against the perpetrator. This initiates a criminal court case. It is common for the criminal court to issue a criminal protection order against the defendant (the person committing the violence and abuse) while the criminal case is ongoing and, if the defendant is found guilty or pleads guilty, during the 3 years after the end of the case. it's over.
To learn more about criminal protection measures, readHow can the Criminal Protection Order help me?And if there is a criminal protective order against you, readA criminal protective order has been issued against me.
The Restraining Order Process
When someone asks for a domestic violence restraining order in court, they must fill out court forms telling the judge what orders they want and why. What happens next varies slightly from court to court, but the general steps in the court process are:
- The person seeking protection files court forms requesting the domestic violence restraining order. There is NO fee to file.
- The judge will decide whether or not to file the request by the next business day. Sometimes the judge decides before.
- If the judge grants (gives) the requested orders, he or she will first make “temporary” orders that will only last until the trial date. The court date will be on the paperwork. These temporary orders may include things like:
- Order the restrained person to stay away from and have no contact with the protected person (and other protected persons and family pets);
- Child custody;
- Who can use the family home; either
- Who can use other property, such as a car.
- The person seeking protection will have to “subpoena” the other person with a copy of all the restraining order documents before the court date. This means that a person over the age of 18 (NOT involved in the case) must personally serve a copy of all documents to the restrained person.
- The restrained person has the right to submit a response to the request for precautionary measure, explaining their version of the facts.
- Both parties go to the court hearing.
- If the protected person does not attend the hearing, the temporary restraining order will usually end that day and there will be no restraining order.
- If the restrained person does not appear at the hearing, they will have no part in the case and their version of events will not be considered.
- At the hearing, the judge will decide whether to keep or cancel the temporary restraining order. If the judge decides to extend the temporary order, the “permanent” order can last up to 5 years.
- If the judge also makes other orders in the restraining order, such as custody or child support, those orders will have different end dates and will usually last until the child turns 18 or is changed by a judge.
LerPetition for a Domestic Violence Restraining Orderfor detailed instructions on how to file for a domestic violence restraining order.
LerHow to Respond to a Domestic Violence Restraining Orderfor detailed instructions on how to respond to a request for a domestic violence restraining order.
You do not need a lawyer to request (or respond to) a restraining order. BUT it is a good idea to have a lawyer, especially if you have children.
The court process can be confusing and intimidating. Both people will need to meet in court, and both will need to tell the judge the details of what happened in a public room. Having a lawyer or (for the protected person) the support of domestic violence experts can help make the process more manageable.
For the person asking for protection
Most cities and counties have domestic violence help centers, shelters, or legal aid agencies that help people file a restraining order. These services are usually free or very low cost. If you are the person requesting a restraining order, seek help in your area before attempting to do so on your own.
click for locationdomestic violence legal help.
of your courtfamily law facilitatoroself help centerThey will also be able to help you with the restraining order, or at the very least with any child support or spousal/partner support issues you may have.
If you live in an Indian tribal community or reservation, the tribe may also have a Tribal Advocate and other resources to help you. Read "What is a tribal attorney?"For more information.
For the person responding to a restraining order
It is more difficult to find free or low-cost legal help if you are responding to a domestic violence restraining order. But you should still give it a try, as legal aid agencies have different guidelines and your local bar association may have a volunteer attorney program that can help you. Click for helpfind a lawyer.
of your courtfamily law facilitatoroself help centerIt can also help you respond to the restraining order. If they can't help you with the restraining order, they can at least help you with any child or spousal/partner support issues you may have.
For victims of domestic violence
Call 24 hours a day, 7 days a week. They can help you in more than 100 languages. It is free and private.
The National Domestic Violence Hotline connects you with the following resources in your community:
- domestic violence shelters
- emergency shelters
- legal help
- social service programs
The site also provides a wealth of information to help keep you and your children safe and secure.
This site lists aid by county, such as:
- shelters for women
- domestic violence programs
- Victim and witness assistance programs
- Counseling services for victims of domestic violence
- Crisis Hotlines
Resources for Family Violence in California Tribal Communities
- Provides resources for you to get help with domestic violence issues if you live in an Indian tribal community or reservation.
for child abuse
- Phone numbers to report child protective services abuse
List of child protective services abuse reporting telephone numbers for each county in California.
- LawHelpCalifornia Child Abuse/Neglect
Resources and referrals from California legal aid organizations.
For perpetrators of domestic violence
- California Department of Public Health Directory of Violence Prevention Resources
This site lists aid by county.
- If you need an "approved" batterer intervention program, contact your county probation department. Click here to find your locationprobation department.
For teens experiencing domestic violence
- Love: the good, the bad and the ugly
Published by the National Crime Prevention Council Online Resource Center.
For the victims of sex