When Do You Need A California Domestic Violence Attorney?

Everything you need to know about California domestic violence

Domestic violence is abuse or threats when there is or has been an intimate relationship between the person being abused and the abuser (married or domestic partners, dating or used to date, working or living together, or raising a child together).

In this article , we will explain in more detail what is considered domestic violence in California. Your options if you are a victim of domestic violence AND if you are accused of domestic violence in California.

California Domestic Violence Attorney

What is considered domestic abuse in California?

"The laws of domestic violence state" assault "is:

  • Hurting others physically or attempting to hurt them, purposely or recklessly;

  • Sexual abuse;

  • Make anyone fairly fearful of being seriously harmed by them or someone else (such as threats or attempts to harm others); OR

  • Actions such as bullying, stalking, threatening, or hitting; disturbing the peace of someone; or damaging someone's personal property.

Physical violence is not merely a blow. Kicking, shoving, pushing, pulling hair, throwing objects, scaring or trailing you, or stopping you from coming and going freely can be violence. It can also include the physical abuse of pets in the household.

Bear in mind, also, that domestic violence harassment does not have to be physical. Abuse may be verbal (spoken), psychological, or emotional. To be raped, you do not have to be physically hit. Abuse also takes several forms, and offenders use a variety of strategies to influence and have authority over the abused person.

Suppose you are abused in any of these ways, or you feel afraid or manipulated by your partner or someone you are close to. In that case, even if you hesitate to ask for legal protection, it may help you to speak to a domestic violence counselor. Find resources on domestic violence in tribal societies.

In the California Penal Code, you can find criminal domestic abuse rules, such as Penal Code section 273.5, Penal Code section 243(e)(1), and others.

Restricting Orders for Domestic Violence

A restraining order for domestic violence is a legal order that helps protect people from someone they have a close relationship with harassment or threats of abuse.

You will apply for a restraining order for domestic abuse if:

  • A person has abused you (or has threatened to abuse you); AND

  • With that person, you have a close relationship. You're the:

  • Domestic partners, married or registered,

  • Divorced or divorced,

  • Dating or, to date, used,

  • Living together or living together (more than roommates) together,

  • Parents of a child together, OR

  • (Parent, infant, brother, sister, grandmother, grandfather, in-law) Closely related.

You should also file a restraining order on behalf of your child to protect your child (and you and other family members) if you are a parent and your child is being abused. If your child is 12 YO or older, he or she will file a restraining order on his or her own.

There are some kinds of orders you can apply for if you do not qualify for a domestic violence restraining order:

  • Restraining order for civil violence (can be used for neighbors, roommates, colleagues, or more distant family members such as cousins, uncles or aunts, etc.). Find out more about getting a restraining order for civil abuse.

  • (if the person being assaulted is 65 or older, or between 18 and 64 and a dependent adult). Elder or dependent adult violence restraining order. Find more detail about obtaining a restraining order for older or dependent adult assault.

  • Workplace abuse restraining order (filed by an employer to protect an employee from another person's violence, stalking, or harassment). Find more details on obtaining a restraining order for workplace harassment.

If you are a victim of domestic violence in California.

Speak to a family law facilitator or self-help center of your court might be able to help you. The tribe may have services to support you if you live in an Indian tribal community or reservation. The court may be willing to grant you a restraining order