Domestic violence is an act of violence perpetrated by an abuser on a victim. The parties must share a close relationship. Domestic violence can happen to anyone; men and women alike. If you, or someone you know, has being a victim of domestic violence, you should contact law enforcement for help and seek medical attention for any injury.
Domestic Violence Restraining Orders & Civil Harassment Orders
A domestic violence restraining order is a court order restraining a party from abusing another person who they share a close relationship. Abuse includes physical violence, verbal attacks, emotional distress, economic restrictions and sexual attacks or molestation. Civil harassment are requests made by those who are not sharing a close relationship.
Acts of Domestic Violence
Domestic violence is a pattern of behavior which involves violence or other abuse by one person against another in a domestic setting, such as in marriage or cohabitation. Domestic violence often begins with an argument between spouses or those who are in a close relationship. An argument can become very emotional and possibly result in physical harm. And when it does, the argument often ends with someone contacting law enforcement to make a report.
Domestic Violence Abuse
Abuse is found when a perpetrator commits one of the following acts:
- Intentionally or recklessly caused or attempted to cause bodily injury or sexual assault;
- Places a person in reasonable apprehension of imminent serious bodily injury to that person or to another; or,
- Engages in any behavior involving, but not limited to, threatening, striking, harassing, destroying personal property, or disturbing the peace of another.
Protect Yourself from Domestic Violence
The State of California has enacted laws addressing Domestic Violence to protect families and those who are in a close relationship with others from abuse and acts of violence.
A Domestic Violence Restraining Order is a court order issued to protect a victim from physical or sexual abuse, threats, stalking, and harassment. The person requesting a restraining order is called the “protected person.” The person the restraining order is against is the “restrained person.” These orders can include requests to protect others, protect pets, and to have the abuser move-out of the residence.
You may request a Domestic Violence Restraining Order protecting you from your spouse, former spouse, the person you are or have dated, a close relative, or a person who regularly lives in your home.
Civil Harassment Restraining Order
If you do not qualify for a domestic violence restraining order, you can file for a civil harassment restraining order. This is often used by clients seeking to protect themselves from neighbors, roommates, coworkers, or more distant family members.
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