Domestic Violence Information for California
Many people think of domestic violence as a husband hitting his wife, however, the definition of domestic violence is far more extensive. Domestic violence is the use of force or fear to intimidate another person. Domestic violence may exist in a marriage, people in dating relationships, and among family members. Some examples of domestic violence include threats of violence, throwing an object against the wall, taking away someone's car keys, preventing the person from leaving a room, breaking an object in their presence, grabbing the person's wrist, or intentionally bumping into the person. Victims of domestic violence can obtain an order of protection from the court. This includes getting an order requiring the abused to move out of the family residence. These restraining orders can also be obtained in a matter of days. This is done through a process called an "ex parte ." In Riverside county, Ca, and in the Hemet courthouse, you can often file a request for an order of protection in the morning and obtain a restraining order by the end of the same working day.
Restraining orders will prohibit the abuser from contacting the abused party, from being within 100 yards of that person, his or her home, his or her place of business, and his or her vehicle. If the abuser violates the restraining orders, he/she will be arrested and criminally prosecuted. Although there is no guarantee that the abuser will not violate the restraining order, it is very rare for anyone to do so more than once. The penalties for violating a restraining order is jail time.
Once a domestic violence order for protection has been issued, it will be electronically transmitted to a statewide database. Every policeman in the state will have access to the information within hours. This makes the order very easy to enforce. Although there is no guarantee the restraining order will not be violated, if the abuser does not honor the order, the police department will usually be aggressive in enforcing it.
In cases involving domestic violence, it is imperative that the abused party plan ahead before taking any action. It is also highly advisable to obtain the representation of an experienced family law attorney. If you are a victim of domestic violence, please call our office to set up a free consultation with one of our family law attorneys.