Domestic Violence is a form of abusive, threat, and unkind behavior in an intimate relationship like married, partners, and parents. The intimate relationship is that the abusive and abused person is deep and closely related by marriage, blood, or relation. According to the court of North California Restraining Order, the definition of domestic violence is;
- Sexually or mentally assaults you
- Makes you fear
- Recklessly or intentionally trying to physical hurt
- Disturbing someone’s peace
- Destroying someone’s property
- Stalking, threatening and hitting or beating someone
- Molestation, attacks, strikes, and harassment
Domestic violence or physical abuse is not just threatening or hitting someone. Physical abuse can be done in several ways like, shoving, kicking, pulling hair, pushing, throwing things that can be harmful, following, and scaring. The pets are also including physical abuse. If this definition is not related to your case or if you don’t have blood relation with the abuser, don’t worry, you may still be eligible for a Civil Harassment Order. Also, if you are a dependent adult or elderly and if you are physically abused, you may still eligible for protective orders.
Statistics of Domestic Violence in Northern California
According to research, in 2018, 166,890 calls and complaints have been made to law enforcement agencies and which is very surprising. The majority of these complaints are from people between the ages of 18 and 25 or those over 60 years old.
- Also, a recent study of the California Women’s Health Survey (CWHS), approximately 40% of California women experience physical intimate partner violence in their lifetimes.
- This same study found younger women, 18-24 years of age, were significantly more likely 11% to be victims of physical intimate partner violence in the past year than women in other age groups.
- Of those experiencing physical intimate partner violence, 75% of victims had children under the age of 18 years at home.
- According to the California Department of Justice, Criminal Justice Statistics Centre, there were 147 domestic violence fatalities in 2011. While all other homicides are decreasing (e.g. gang-related, robbery) domestic violence homicides increased by 13% from 2009 to 2011.
- Of the 147 domestic violence homicides in 2011, 129 of the victims were female and 18 were male. These accounted for 11.8% of all homicides in California.
- California law enforcement agencies received 157,634 domestic violence-related calls in 2012.
What are Domestic Violence Restraining Orders?
It’s a court order the protect people from domestic violence or abuse from someone they have a blood relation. Here are some conditions to ask Domestic Violence Restraining Order;
- A person must be abused and threatened and have a blood relation
- Married or living together
- Registered partners or used to date
- The separated and divorced couple
- Parents and relatives like, grandmother, grandfather, sister, brother
Types of Domestic Restraining Orders
- Temporary Restraining Order
If you are oppressed and want to ask for a temporary restraining order then goes to court and fill out the paperwork and mentioned all the details that you are suffering from. After that, you will appear before the judge and explain why you need this order? If the judge is satisfied and believed in your matter and understands your situation then, he will issue you a temporary restraining order for your protection and this order will last 20 to 25 days until the hearing of the court. This process is no tough; all you have to do is just consult a good and professional lawyer.
- Permanent Restraining Order
After finishing the period of Temporary Restraining Order, you will reappear before the judge for hearing and demand for Permanent Restraining Order. The judge will issue you a Permanent Restraining Order according to your requirement and this order is not really forever but lasts for 5 years. After 5 years, you can ask for a new order for your protection.
- Emergency Protective Order
An Emergency Protective Order (EPO) is a criminally enforceable court order that can be issued against the abuser following an arrest on a family violence offense. The victim is not required to be present in court when the order is issued and there is no separate application the process required of the victim.
https://texaslawhelp.org/article/emergency-protective-orders
The duration of this order depending on the circumstances. The honorable judge can issue the order for a minimum of 5 to 31 days and for a maximum of 91 days. The Emergency Protective Order is asked by law enforcement agencies like the police. A police officer can activate this order by calling a judge. Judges are available 24/7 to respond and issue of Emergency Protective Order.
- Criminal or Accuse Protective Order
The Criminal Protective Order is issued when a person is committed to violence and abuse. This kind of order is mostly issued when domestic violence occurs. The purpose of this order is to protect a person or criminal. The attorney of the district files the case or charges in the court against the abuser or criminal to start the case. The term of this order is up to 3 years whether the offender is convicted or not.
Step by Step Process of Domestic Violence Restraining Orders
If someone or a person wants to ask for a Domestic Violence Restraining Order, the first thing to do is filing a case in a court and appear before the judge to explain, what kind of Domestic Violence Restraining Order they want? Here are some steps to get an order:
- The first is to apply for a Domestic Violence Restraining Order according to your requirements. There are no charges for this application.
- After submitting the application, the judge has the authority to give the order now or a few days later. This is decided by the judge himself. It has been observed in most of the different cases that the judges also give early orders depending on the nature of the situation.
- If your application is approved, then the judge grants you a temporary order that lasts until your court hearing date. This temporary order includes issues like, step away from the protected person, custody of a child, who can use a property like home, and vehicles.
- A protected person must handover the copy of the restraining order to the restrained person before the court hearing date.
- The restrained person also reserves a right to give an answer to the restraining order in a court.
- Both parties (Protected Person and Restrained Person) must join the court hearing. If a protected person does not go to the court hearing, his restraining order will be canceled on the same day. Also, if the offender or restrained person does not join the court hearing, his answer or story will not be given any importance and his case will be considered weak.
- At the court hearing, the honorable judge will decide whether the temporary order should be made permanent or canceled. If the judge gives a permanent order, then the period will be up to 5 years.
- Child custody and child support-related restraining orders have different end dates. Only, the judge can decide how long to order.
Conclusion
Violence or abusing is increasing day by day. Not in California but all over the world. Being human or citizen, it is our duty to take action against it. Never hesitate to go to court but use the Domestic Violence Restraining Order for your protection. Also, always hire a professional lawyer in court cases as court cases are very complex and only a lawyer can understand and resolve these cases so whenever you think of taking an order, be sure to consult a professional lawyer.
