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What Is Domestic Violence?

Domestic violence is abuse or threats of abuse when the person being abused and the abuser are or have been in an intimate human relationship (married or domestic partners, are dating or used to date, live or lived together, or have a child together). It is also when the abused person and the abusive person are closely related by claret or by marriage.

The domestic violence laws say "abuse" is:

• Physically hurting or trying to hurt someone, intentionally or recklessly;
• Sexual assault;
• Making someone reasonably afraid that they or someone else are about to be seriously hurt (like threats or promises to harm someone); OR
• Behavior similar harassing, stalking, threatening, or hitting someone; disturbing someone's peace; or destroying someone's personal property.

The physical corruption is not just hitting. Abuse can be kicking, shoving, pushing, pulling hair, throwing things, scaring or following you, or keeping you from freely coming and going. It tin even include physical abuse of the family pets.

As well, keep in listen that the corruption in domestic violence does not have to be physical. Abuse tin exist verbal (spoken), emotional, or psychological. You exercise not have to be physically hit to exist abused. Frequently, abuse takes many forms, and abusers utilize a combination of tactics to command and have power over the person being abused. Read more nigh domestic violence and abuse. If you live in a tribal customs in California and are experiencing domestic violence, click to go more data.

If y'all are being abused in any of these ways or you experience afraid or controlled by your partner or someone y'all are close with, it may help you to talk to a domestic violence advisor, even if you practise non want (or are non sure if you desire) to ask for legal protection. Discover domestic violence resources in your canton. Find domestic violence resources in tribal communities.

Read well-nigh domestic violence laws starting with California Family Code section 6203. You can find criminal domestic violence laws in the California Penal Code, similar Penal Code department 273.5, Penal Lawmaking section 243(e)(1), and others.

Domestic Violence Restraining Orders

A domestic violence restraining order is a court order that helps protect people from corruption or threats of abuse from someone they accept a close relationship with.
You tin can inquire for a domestic violence restraining lodge if:

1. A person has driveling (or threatened to corruption) you;

   AND

2. Yous have a shut relationship with that person. Y'all are:

• Married or registered domestic partners,
• Divorced or separated,
• Dating or used to date,
• Living together or used to live together(more than roommates),
• Parents together of a kid, OR
• Closely related (parent, child, brother, sister, grandmother, grandfather, in-law).

If you are a parent and your kid is being abused, you tin also file a restraining order on behalf of your child to protect your kid (and you and other family members). If your child is 12 or older, he or she can file the restraining order on his or her own.

If you do non qualify for a domestic violence restraining social club, there are other kinds of orders you can ask for:

• Civil harassment restraining social club (can be used for neighbors, roommates, coworkers, or more than distant family unit members like cousins, uncle or aunt, etc.). Discover more information on getting a ceremonious harassment restraining social club.
• Elder or dependent adult abuse restraining order (if the person being abused is 65 or older; or between 18 and 64 and a dependent adult). Find more information on getting an elder or dependent adult abuse restraining lodge.
• Workplace violence restraining lodge (filed by an employer to protect an employee from violence, stalking, or harassment by another person). Find more data on getting a workplace violence restraining order.

If you are not sure what kind of restraining order you should get, talk to a lawyer. For help finding a lawyer. As well, your court's family law facilitator or self-assist center may exist able to help you. And your local legal services offices may also be able to help yous or refer y'all to someone who can.

If you alive in an Indian tribal community or reservation, the tribe may have resources to assistance y'all. If there is a tribal court, the courtroom may be able to give you a protective order. Click for more information on tribal courts.

What a restraining social club CAN practice

A restraining order is a courtroom club. It can order the restrained person to:

• Not contact or get near yous, your children, other relatives, or others who live with you;
• Stay away from your dwelling, work, or your children'due south schools;
• Move out of your house (even if y'all live together);
• Non have a gun;
• Follow child custody and visitation orders;
• Pay child support;
• Pay spousal or partner support (if you are married or domestic partners);
• Stay away from any of your pets;
• Transfer the rights to a cell phone number and business relationship to the protected person (read more than);
• Pay certain bills;
• Non make any changes to insurance policies;
• Not incur large expenses or practise anything significant to touch your or the other person's holding if you are married or domestic partners;
• Release or return sure belongings; and
• Complete a 52-week batterer intervention program.

Once the court issues (makes) a restraining guild, the lodge is entered into a statewide computer system (chosen CLETS) that all police enforcement officers accept admission to. And your restraining order works anywhere in the Usa. If you move out of California, contact your new local police and then they volition know near your orders.

If you move to California with a restraining club from some other state, or if you have a restraining gild issued by a tribal court (in California or elsewhere in the U.Southward.), your restraining society will exist valid anywhere in California and the police will enforce it. If y'all want your restraining society to be entered into California'due south statewide domestic violence figurer organisation, you can register your order with the courtroom. Make full out and take an Order to Register Out-of-Country or Tribal Courtroom Protective/Restraining Order (CLETS) (Form DV-600) to your local court. Take a certified copy of your club with you lot. Simply keep in mind that you are not required to register your out-of-country or tribal court restraining guild. A valid gild is enforceable even if you do not annals it.

What a restraining order CANNOT do

A restraining order cannot:

• End your marriage or domestic partnership. It is NOT a divorce.
• Plant parentage (paternity) of your children with the restrained person (if you are not married to, or in a domestic partnership with, him or her) UNLESS you and the restrained person concur to parentage of your kid or children and agree to the courtroom entering a judgment well-nigh parentage. Read and utilise Agreement and Judgment of Parentage (Form DV-180) to do this.

Read the department Divorce and Legal Separation for information on getting divorced or legally separated.

Read the section Parentage for data on parentage (paternity) when the parents of a child are not married and are not domestic partners.

Consequence of a restraining order on the restrained person

For the person to exist restrained, the consequences of having a court society against him or her can be very severe.

• He or she will not exist able to go to certain places or to do certain things.
• He or she might have to movement out of his or her home.
• It may affect his or her ability to see his or her children.
• He or she will generally not be able to own a gun. (He or she will have to turn in, sell or store whatever firearms he or she has, and will not exist able to purchase a gun while the restraining order is in effect.)
• The restraining order may bear on his or her immigration status. If you are worried well-nigh this, talk to an immigration lawyer to find out if yous will be affected.

If the person to be restrained violates the restraining order, he or she may go to jail, or pay a fine, or both.

Types of Domestic Violence Restraining Orders

Emergency Protective Order (EPO)
An EPO is a type of restraining club that only constabulary enforcement can enquire for by calling a judge. Judges are available to outcome EPOs 24 hours a day. Then, a police officer that answers a domestic violence call can enquire a estimate for an emergency protective social club at any time of the day or night.

The emergency protective order starts right away and can last up to 7 days. The judge can guild the calumniating person to exit the abode and stay away from the victim and whatsoever children for up to a week. That gives the victim of the abuse plenty time to go to court to file for a temporary restraining club.

To get an lodge that lasts longer than an EPO, you must ask the court for a temporary restraining club (besides chosen a "TRO").

Temporary Restraining Social club (TRO)
When yous get to courtroom to inquire for a domestic violence restraining club, you make full out paperwork where you tell the judge everything that has happened and why you need a restraining social club. If the guess believes you need protection, he or she will requite you a temporary restraining lodge.

Temporary restraining orders usually last between twenty and 25 days, until the court hearing date.

"Permanent" Restraining Social club
When yous go to court for the hearing that was scheduled for your TRO, the judge may effect a "permanent" restraining social club. They are not really "permanent" because they normally last upwardly to 5 years.

At the end of those 5 years (or whenever your order runs out), yous can enquire for a new restraining lodge so you remain protected.

Criminal Protective Order or "Stay-Away" Order
Sometimes, when there is a domestic violence incident (or serial of incidents), the district attorney will file criminal charges against the abuser. This starts a criminal court case going. It is mutual for the criminal court to issue a criminal protective order against the defendant (the person who is committing the violence and corruption) while the criminal instance is going on, and, if the defendant is found guilty or pleads guilty, for 3 years afterward the case is over.

To acquire more about criminal protective orders, read How does a Criminal Protective Order help me?  And if there is a criminal protective order against you, read A Criminal Protective Society was issued against me.

The Restraining Order Procedure

When someone asks for a domestic violence restraining society in courtroom, they have to file court forms telling the judge what orders they want and why. What happens after that varies a fiddling from courtroom to court, simply the general steps in the court example are:

1. The person wanting protection files court forms asking for the domestic violence restraining order. There is NO fee to file.
2. The estimate volition decide whether or not to brand the order by the next business day. Sometimes the judge decides sooner.
3. If the judge grants (gives) the orders requested, he or she will first make "temporary" orders that merely last until your court date. The courtroom date will be on the paperwork. These temporary orders can include problems like:
   • Ordering the restrained person to stay away and have no contact with the protected person (and other protected people and family pets);
   • Kid custody;
   • Who tin can use the family home; or
   • Who can utilize other property, like a car.
4. The person request for protection volition accept to "serve" the other person with a copy of all the restraining lodge papers before the courtroom date. This means that someone 18 or older (NOT involved in the case) must hand-evangelize a re-create of all the papers to the restrained person.
5. The restrained person has the right to file an reply to the restraining society asking, explaining his or her side of the story.
6. Both sides go to the court hearing.
   • If the protected person does not go to the hearing, the temporary restraining order will usually end that mean solar day and at that place will not exist a restraining society.
   • If the restrained person does not go to the hearing, he or she will have no input in the case and his or her side of the story volition not be taken into account.
7. At the hearing, the guess will determine to continue or cancel the temporary restraining gild. If the judge decides to extend the temporary society, the "permanent" social club may last for up to 5 years.
8. If the judge besides makes other orders in the restraining society, similar child custody or kid support orders, these orders will accept unlike end dates and normally volition last until the child turns 18 or a gauge changes them.

Read Request for a Domestic Violence Restraining Guild for detailed instructions on how to enquire for a domestic violence restraining order.

Read Responding to a Domestic Violence Restraining Order for detailed instructions on how to answer a asking for a domestic violence restraining order.

Getting Help

Yous do non demand a lawyer to inquire for (or respond to) a restraining order. BUT it is a good thought to have a lawyer, particularly if you lot accept children.

The court process tin be confusing and intimidating. Both people will take to run across each other in court, and both will have to tell the judge details of what happened in a public courtroom. Having a lawyer or (for the protected person) back up from domestic violence experts tin can help brand the procedure easier to handle.

For the person request for protection
Near cities and counties have domestic violence help centers, shelters, or legal assist agencies that help people ask for a restraining order. These services are usually free or very low toll. If you are the person asking for a restraining order, expect for help in your area earlier y'all try to do it on your own.

Click for local domestic violence legal help.

Your courtroom's family law facilitator or self-assist center may also exist able to help you with the restraining order, or at least with any kid back up or spousal/partner support problems y'all may accept.

If you alive in an Indian tribal community or reservation, the tribe may likewise have a Tribal Advocate and other resources to help you. Read "What Is a Tribal Advocate?" for more information.

For the person responding to a restraining order
It is more difficult to find costless or low-cost legal help if you are responding to a request for a domestic violence restraining order. But you should still try since legal aid agencies have dissimilar guidelines, and your local bar association may accept a volunteer lawyer plan that tin help y'all. Click for assist finding a lawyer.

Your court's family constabulary facilitator or self-assistance centre may besides be able to help you respond to the restraining society. If they cannot help with the restraining order, they can at least assist yous with any child support or spousal/partner support bug you may accept.

Other Resources

For victims of domestic violence

• National Domestic Violence Hotline

ane-800-799-7233
TDD: 1-800-787-3224

Call 24 hours a twenty-four hours, vii days a week. They can help you in more 100 languages. It is gratis and private.

The National Domestic Violence Hotline links y'all to the post-obit resources in your customs:

• Domestic violence shelters
• Emergency shelters
• Legal help
• Social service programs

The website also provides a lot of information to assistance you and your children stay rubber and get protection.

• California Department of Public Health Violence Prevention Resource Directory

This site lists assist by county, like:

• • Women'southward shelters
  • Domestic violence programs
  • Victim witness assistance programs
  • Counseling services for victims of domestic violence
  • Crisis hotlines

• Resources for Family Violence in Tribal Communities in California

• Provides resources for you to get assist with domestic violence issues if you alive in an Indian tribal community or reservation.

For child abuse

• Child Protective Services Abuse Reporting Telephone Numbers
  List of Kid Protective Services corruption reporting telephone numbers for every California county.
• LawHelpCalifornia Kid Abuse/Neglect
  Resources and referrals from California legal aid organizations.

For perpetrators of domestic violence

• California Department of Public Health Violence Prevention Resource Directory
  This site lists help past canton.
• If yous need an "canonical" batterer intervention program, contact your county probation department. Click here to discover your local Probation Department.

For teens in domestic violence situations

• Beloved: the good, the bad and the ugly
• Appointment Rape
  Posted by the National Crime Prevention Council's Online Resources Eye.

For victims of sex

• National Sexual Assault Hotline

  ​ane-800-656-HOPE (4673)

• Live Conversation is likewise available

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Source: https://www.courts.ca.gov/selfhelp-domesticviolence.htm

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