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 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 blood 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 like harassing, stalking, threatening, or hitting someone; disturbing someone’s peace; or destroying someone’s personal property.

The physical abuse 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 can even include physical abuse of the family pets.

Please remember that domestic violence does not have to be physical. Abuse can be verbal (spoken), emotional, or psychological. You do not have to be physically hit to be abused. Often, abuse takes many forms, and abusers use a combination of tactics to control and have power over the person being abused.

Domestic Violence Restraining order:

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

1. A person has abused (or threatened to abuse) you;

AND

2. You have a close relationship with that person. You 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 child, OR

• Closely related (parent, child, brother, sister, grandmother, grandfather, in-law).

If you are a parent and your child is being abused, please first contact the police then call our office.  We can help you obtain the necessary restraining order on your behalf or your child.

 

NOTE: The information on this web-portal is for your reference only and is not to be construed as legal advice, anybody doing so are doing it at their own risk and the firm holds no responsibility for its consequences in any form. We acknowledge that some content of this website has been reproduced from the web portal of http://www.courts.ca.gov/ essentially with a view to avoid ambiguity of legal topics discussed and to keep it factual. Please use your discretion to take legal assistance for your specific problem from a licensed attorney of your choice (including us). All cases and their results are unique and your problems may not get similar results as in other cases, we do not guarantee results of your choice, however, guarantee to represent your merits to get the very best desired outcome.