Q. What is domestic violence?
A. Domestic violence is abuse between family members or related persons. Domestic violence comes in many forms including, but not limited to, physical abuse, threats of physical abuse, emotional abuse, threatening telephone calls, disturbances at a place of employment, stalking, and other forms of dominance and control. What distinguishes domestic violence from other kinds of abuse is the relationship between the attacker and the victim. The two persons involved in the act have an interpersonal relationship of some form. To qualify a matter as a domestic violence case one of the following must be true: the parties are married now or were formerly married to one another, the parties are related by blood, marriage or adoption, the parties are currently or were formerly living together, the parties have now or used to have a dating or engagement relationship, the parties have a minor child in common. Please click here to view the page titled Domestic Violence for more detail.
Q. What is the difference between domestic violence and civil harassment?
A. Domestic violence cases are a type of civil harassment. Civil harassment occurs when an individual annoys, harasses, injures, or threatens another individual. In a civil harassment case, the two parties do not have the same interpersonal relationship described in question number 1.
Q. If you are a victim of domestic violence, what should you do?
A. First and foremost, it is important for you to get away from the aggressor and flee the situation. It is equally as important that you contact the police immediately. California police officers are specially trained to assist in domestic violence situations. Once you have reached a place of safety and have spoken with the police, you should consider obtaining a family law restraining order, especially if you have issues that pertain to child support, child custody, or desire to have exclusive use of the home.
A victim of domestic violence should never be reluctant from requesting assistance because of a perceived stigma attached to being a victim of domestic violence. Domestic violence pervades all races, socio-economic classes, religions, and regions. Whatever your background, if you have been abused, get assistance immediately for your own health and safety. Please click here for a list of safe homes and hotlines Resources.
Q. In the event that you are accused of domestic violence, what should you do?
A. The following are key points to keep in mind if you are accused of domestic violence:
- Numerous adverse consequences can result from domestic violence accusations in family or criminal court.
- Seek the advice of an attorney as soon as possible to understand what actions you can take to thwart a domestic violence restraining order and defend yourself against accusations of domestic violence in a criminal court.
- Under no circumstances should you speak to the police regarding the domestic violence incident of which you have been accused.
- Ensure that you have no further direct or indirect contact with the alleged victim until you have obtained permission from the court, even if this means not having short-term contact with your children.
Q. What remedies are available to prevent further domestic violence?
A. Temporary or lengthy restraining orders (also referred to as "protective orders") may be issued to help prevent further domestic violence. Other people, such as children and other family members who reside in the same residence, may be included with the protected person so as to reduce the potential for harm by the restrained person. Please click here to view the page titled Restraining Orders for more detail.
Q. What is the penalty for violation of a restraining order?
A. Violation of a restraining order is a contempt of a court order. The person violating the restraining order may be immediately taken into custody and taken to jail. In addition, the offender can be charged with a misdemeanor or a felony crime, and could be sentenced to serve time in jail and to pay a fine for the offense.
Q. Is domestic violence a crime punishable under criminal law?
A. Whether the domestic violence incident is a crime depends upon the particular circumstances. Often domestic violence is both a crime subject to criminal punishment and a civil wrong subject to restraint upon personal conduct and an award of a money damages. Please contact our offices and schedule a consultation with Mr. Schweitzer to decipher the specifics of your case.
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