Domestic Violence Restraining Order
What is Domestic Violence?
According to California Penal Code 13700 (b), "Domestic Violence" means abuse committed against an adult or a minor, who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has had a dating or engagement relationship.
What constitutes abuse?
The domestic violence laws say “abuse” is:
Physically hurting or trying to hurt someone, intentionally or recklessly;
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.
As indicated on the California Courts website, 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.
Also, keep in mind that the abuse in 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.
Dealing with domestic violence can be very scary. It can be hard for one to understand what is going on, or how they found themselves in such a situation. The hardest part when it comes to dealing with domestic violence is the fear of leaving. One may wonder how they will handle things alone after being dependent on their abuser. Or one may fear for their safety, or the safety of their children if they leave. Please know you are not alone. There are many, many ways to get help confidentially to secure your safety. Obtaining a Restraining Order may become absolutely necessary in some instances, and time is of the essence.
Jeanette is well-versed when it comes to obtaining Domestic Violence Restraining Orders. She understands the stress and uncertainty that goes along with this type of situation. When danger presents itself, it is imperative to use every piece of evidence, and to know the law and how to apply it in order to obtain a Domestic Violence Restraining Order to help start the process of protection. The burden of proof lies on the one alleging the abuse, so attention to detail, knowledge of the law and how to apply it to your case is of utmost importance.
Are you wondering if you need a Domestic Violence Restraining Order? Click here for your free 20-minute case review.