What the Victims Can Do?

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What the Victims Can Do?

If a person is being victimized by their partner, spouse, fiance, boyfriend/ girlfriend, or the other parent of their child, they have a right to get a restraining order against their abuser and file charges against them. A person can get a domestic abuse restraining order, in case someone who has a close and intimate relationship with them threatens or abuse them. It can be either one of the married couple, cohabiting partners, separated/divorced couples, people who dated in the past or are still dating, those who lived or are currently living together, biological parents of a kid, or otherwise closely related people.

If a person's child is facing abuse, then they have a right to file the application for their restraining order on their child's behalf, in order to protect them and other family members from the harms of their kid's abuser.

In case a person fails to qualify for any domestic abuse restraining order, they can request for other orders such as the following:

  • Civil Harassment Restraining Order: It can be utilized against roommates, neighbors, distant relatives or
  • Dependent or elder adult abuse restraining order: It is filed if the victim is a mature, dependent adult, is 65 years old, or falls in the age group of 18 to
  • Workplace violence restraining order: It is filed by the employer of an employee, who is suffering from violence or any kind of harassment, inflicted upon them by somebody

If they're unsure of what type of order will suit them best, it is best to consult their attorney and discuss their entire situation with them.

When they get a restraining order, their abuser is forbidden to do the following:

  • Contact them, come near them, their kids, family members or relatives who live in their home
  • Stay far away from their workplace, house and the school their kids go to
  • Shift out of the house they share together with the victim
  • Keep a gun
  • Follow the child visitation and custody orders
  • Give full child support
  • Pay partner or spousal support
  • Pay some specified bills
  • Come near their victim's pets
  • Alter the insurance policies they share with their victim
  • Return or release specified property
  • Carry out a substantial activity that would affect their victim's property or harm it, in case the two are married or are cohabiting partners

Once a restraining order is issued by the court, it is entered in CLETS, which is a computer system used all around the state. All the law enforcement authorities and officers have complete access to CLETS. In addition, the restraining order will work everywhere in the U.S. In case, the victim shifts from California to another state, they would need to contact the local police of the new area to inform them of the orders.

One must also know that a domestic abuse restraining order can't do certain things. For instance, it does not end the domestic partnership or marriage the victim has with their abuser, as it isn't a divorce. Additionally, it does not establish paternity of the kids the victim has with the person they have received a restraining order against, unless and until their abuser and they agree to get parentage of their kids and agree that the court should enter a proper judgment regarding the parentage.

The person against whom a restraining order is issued isn't allowed to go and visit certain places. They are prohibited from taking part in certain activities. Moreover, they might be forced to shift out of their home, if they share it with their victim. The order will also affect their ability to visit and spend time with their children. In addition to that, they will also be prohibited to own any gun or firearm and will have to return their existing gun or firearm, and won't be allowed to buy any new ones for the entire duration of the order. The order also affects their immigration status in a certain manner that is better explained by immigration attorneys. In case, the person violates any regulation of the order, they may have to pay a fine, be sentenced to jail, or both.

It is also important to know the different kinds of domestic abuse restraining orders.

  • EPO: It stands for Emergency Protective Order and is a kind of order that law enforcement authorities can request for by talking to a judge. Judges are available for issuing EPOs 24/7. Thus, if a police officer answers a domestic abuse call, they can ask any judge they know for an urgent protective order any time of the day. The moment the judge issues the EPO, it comes into effect and its limit can stay for around one The abuser can be ordered by the judge to move out of the house they share with the victim and steer clear of them and their kids for seven days. This provides the victim with sufficient time for going to the court for filing a temporary restraining command. For getting orders that last for a longer period than an emergency protective order, one has to file for a TRO {Temporary Restraining Order) that is explained below.
  • TRO: TRO is an order that works for a longer time than a simple EPO. When a person visits the court to request for a domestic abuse restraining order, they need to fill out detailed paperwork to inform the judge of everything that took place with them and the reason they want an If that judge believes they need protection, they will issue a temporary restraining order to them. TROs normally last for about 20 to 25 days, until the hearing date of the court arrives.
  • Permanent Restraining Order: When the victim visits the court to attend the hearing scheduled for their TRO, the court judge can issue them a permanent restraining order. It is not actually permanent as it lasts for up to three years. Once those three years end, they can request another restraining order to keep them safe and
  • Stay-Away Order: Also known as the Criminal Protective Order, this order is issued by the authorities of criminal court against the abuser/defendant, during the time their case is being executed in If the abuser pleads guilty or is actually guilty, the effect of this order will last for three years after their case ends.

Being aware of the restraining orders and the criminal penalties issued against domestic violence abusers helps people become aware of their rights and the punishments their abusers can suffer from if they decide to bring their story in the limelight

Domestic violence is a crime and this point cannot be emphasized more. One must understand that this is a crime that is affecting the lives of numerous people worldwide and must be battled with strongly. However, this can only happen when people understand their rights and stop confusing domestic violence with a means to discipline and order people. Although most people think only women are subjected to domestic violence, they must know that nowadays, more men are victimized by domestic violators than women. In the U.S., around 3.2 million men and 1.9 million women suffer from harsh physical abuse on an annual basis.

Moreover, to completely understand what domestic violence is, one must know the difference between the acts that are categorized as domestic violence and those that are not. Some of the acts of domestic violence include pushing your partner in a fight, hitting them harshly, threatening them emotionally, physically, economically or socially, forbidding them to meet their friends or family, making them completely dependent on you for their survival and taking away kids from your spouse or partner. However, holding your partner's, girlfriend's/ boyfriend's or spouse's arm during a fight, shouting at them, arguing with them, or unintentionally pushing them aren't considered as acts of domestic violence.

When you decide to support someone you think is innocent or a victim of domestic violence, you must be aware of the consequences of this support. There could be a good chance that, that person turns out to be the abuser in the end, or someone lying to gain some rights or support from their partner. Moreover, you need to be aware of the different domestic abuse crimes such as the Penal Code 273.5, Penal Code 243 {e) {1), Penal Code 273{d), Penal Code 273{a), Penal Code 368 and penal Code 422. Knowledge of these penal codes helps you know the different kinds of domestic abuse violations and the different penalties issued against each crime.

Before you defend a person, it is your duty to learn everything about them, to ensure you are actually defending an innocent person. Often, domestic abusers are good at hiding their reality and can fake their innocence as well, so you need to be cautious when you choose a client. Moreover, you need to know the importance of asking the right questions at the right time to gain command over your case, so you can help your client win it and get protection from their abuser. Moreover, immigrants living in the U.S. need to know that the country's laws do protect them from abuse/violence and they can always make use of hotlines and shelters for reporting their abuse. Domestic violence can only be stopped once the victims become courageous enough to step out of their cocoon of insecurities and the State of California tries its best to accomplish this goal.

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The Martens & Brusseau Law Corporation Is Here for You

At Martens & Brusseau Law Corporation, we focus on Assault, Domestic Violence, Drug Possession, DUI, Expungement, and Juvenile Defense, and we are here to listen to you and help you navigate the legal system. Contact us today.

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