The State of California has enacted several laws which protect victims of Domestic Violence. If you are a victim of Domestic Violence or knows someone who has suffered from acts of Domestic Violence, you should contact our office to discuss possible remedies and steps to take to prevent further abuse. If you are currently being abused, you should call 9-1-1.
The Law Offices of Edward Misleh, APC is a Sacramento law firm located in Sacramento, California that represents clients in Sacramento, California and in Northern California with the services they need and deserve when addressing their legal matters. Our firm handles all aspects of California restraining orders, to include: domestic violence restraining orders, protective orders, criminal protective orders, and emergency orders. Call now our Lawyer Hotline. We offer a free consultation to all new clients. Call now 916-443-1267 for your free consultation.
Domestic Violence Laws
Domestic violence laws can vary from state to state. This article deals with California domestic violent laws.
Domestic violence laws include criminal and well as civil actions that a victim can seek to impose against an abuser.
Domestic violence laws allow for the batterer to be arrested. California Penal Code §836 requires that the person who abused you be arrested for committing an act of Domestic Violence. This law recognizes both the danger of restraining order violations and the casual treatment by law enforcement for violations of a Domestic Violence Restraining Order. California police are now mandated to arrest offenders who violates a domestic violence restraining order.
Domestic violence laws for simple battery applies to those close to you. California Penal Code §243 (e)(1) defines simple battery as intent to willfully inflict force or violence on an intimate partner. You are an “intimate partner” if you have a significant relationship with the abuser, to include: spouses, former spouses, children, former spouses, former cohabitants, or someone who you are or have dated.
Domestic violence laws are most severe when there is visible evidence of an injury. California Penal Code §243(d) defines aggravated battery is found when the defendant causes serious bodily injury to be inflicted on you, the victim.
California Penal Code § 273.5 states that that the abuser commits this offense when they willfully inflict physical injury on an intimate partner that results in a traumatic condition. A “traumatic condition” is defined as a wound or other bodily injury, whether minor or serious, caused by the direct application of physical force.
Conviction of Domestic Battery
If you are convicted of domestic battery pursuant to California Penal Code Section 243(e)(1), you face a maximum penalty of one year in county jail, a $2,000 fine, and up to three years of probation. If probation is granted, the court will require you to successfully complete a batterer’s program for a minimum of one year.
Child Custody Orders
California Family Code §3044 requires that a California Family Court evoke the presumption that giving custody to a perpetrator of domestic violence is detrimental to the child. The abuser will either not have any visitation or limited, supervised visitation with their children.
Victims Housing Relocation Funds
California Assembly Bill 606 provides up to $2,000 in housing relocation funds for victims of Domestic Violence. Due to the fact that a victim if often financially dependent on an abuser, housing problems make it difficult for the victim to escape, especially if children are involved. Every Domestic Violence victim in California who reports acts of Domestic Violence to law enforcement is eligible for up to $2,000 to cover costs of housing relocation.
Temporary Domestic Violence Restraining Orders
California Family Code §6228 requires that law enforcement and prosecutors give victims one free copy of the Domestic Violence report within five days of being requested. This allows the victim to then have sufficient information to file for a Temporary Domestic Violence Restraining Order.
California Labor Code §230 provides that an employer may not discharge, discriminate, or retaliate against an employee a victim of Domestic Violence who needs time-off from work to take action which will ensure the health, safety, or welfare of a domestic violence victim or their children.
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