Types of Domestic abuse and how you can safeguard yourself

Domestic abuse is oftentimes used interchangeably with domestic violence. This is because both terms describe the abuser as someone who wishes to gain control over the victim, whether it is physically, emotionally, or financially. Domestic abuse can happen to anyone, regardless of gender, race, religion, profession, or social status.

Domestic abuse or domestic violence helplines are in place to help victims. As a victim, you will be advised of legal remedies for your situation including getting a restraining order.

Types of domestic abuse and some of their signs

There are different types of domestic abuse and there are red flags to look out for. This will help you act fast to avoid being pushed deeper into the domestic abuse hole.

Physical abuse:

With physical abuse, the abuser uses their physical strength to threaten or harm you.

Signs of physical abuse may include:

Hitting, slapping, punching, pushing, biting, kicking, scratching, beating, or choking you.
When angry, the abuser tends to turn physical against objects. For example, they tend to punch walls, throw objects, or kick doors.
Takes you to an unfamiliar place and abandons you there
The abuser decides to drive recklessly to scare you.
The abuser keeps you from sleeping, eating, getting medical care, or calling the police
Uses a weapon such as a knife, hammer, gun, or any other weapon to threaten you.
Physically restrains you, locks you in a room, locks you outside, or prevents you from finding an exit.

Don’t take physical abuse lightly, there have been many deaths arising from physical abuse. Take steps to get away from the abuser such as filing a restraining order. It is important to act now and not wait until it is too late.

Emotional abuse:

With emotional abuse, the abuser does things to slowly chip away at your self-worth. The abuser may find pleasure in constantly criticizing you, verbally abusing you, humiliates you in public, or intimidates you. Unfortunately, emotional abuse is often ignored until it is too late.

Signs of emotional abuse include:

The abuser enjoys humiliating you in public
You face continuous criticism.
The abuser acts in a possessive or jealous manner. For example, constantly accusing you of cheating even when you are not.
Controls where you can and can’t go and what you can and can’t do
Constantly checks up on you
Does not want you to work
The abuser threatens to take away your children or harm your pets, or family members.

Sexual abuse:

With sexual abuse, the abuser uses sex in an exploitative way. It includes sexual assault, rape, and harassment.

Signs of sexual abuse include:

Trying to or having sexual activities with you while you are drunk, drugged, disabled, too old, or too young.
The abuser doesn’t care about your desire to have sex. Instead, they may urge you to try sexual experiences you don’t want or have sex with others.
The abuser insists that you dress sexually.
The abuser manipulates or forces you into having sex or performing sexual acts.
The abuser insists on having sex with you even when you are sick, tired, or after being beaten.
Enjoys hurting you with objects during sex.

Control

The abuser seeks to gain control over the victim through manipulation or intimidation.

Signs on a controlling domestic abuser:

The abuser keeps tabs on where you go and whom you go with
The abuser keeps you away from family and friends; you have to seek permission before seeing or talking to them.
The abuser checks the car mileage every after you use the car.
The abuser monitors your phone calls or internet usage.
The abuse controls how you dress and how you style your hair.
The abuser uses your children to threaten or manipulate you. For example, the abuser can threaten to kill your children if you don’t do ABC.
Takes pleasure in yelling at you and making you feel small
Threatens to kill you or someone close to you.
Blames you for the abuse.

Financial or economic abuse:

With the Financial abuse, you as the victim have little or no say in the finances. You have to ask for financial assistance whenever you need it.

What to do if you are a victim of domestic abuse

As a victim, the faster you get out of the situation, the better for you.

The domestic violence cruel sequence goes something like this; the abusive act occurs then the abuser feels “guilty” for abusing you, not because they feel bad for what they have done but because they worry about the consequences. Will they be arrested? When they stop feeling “guilty” then they switch to the “look what you made me do phase”. Everyone and everything will be to blame for the abuse apart from the abuser. He/she will never blame themselves. You will be blamed for being abused. You will be blamed for provoking the abuse.

Later, the abuser will do everything possible to ensure that you “forget” the abuse and don’t walk away. You will be wined, dined, made to feel like a queen or king until the abuse happens again, and the cycle will continue until you decide that it is “ENOUGH” and do something about it.

If you know someone is being abused, speak up. Don’t say it is none of your business, approach the person, and offer your help. Don’t put them on pressure or give them advice, just offer to help and express your concern.

If you are being abused, get support. It could be your friends, family, or the police. Whatever the case, get the support you need to leave the abusive situation.

If you don’t have friends or family or you are afraid of putting them in danger, you can seek temporary accommodation in places like a shelter.

If you have been physically abused, contact emergency services, or talk to the police. There are many support lines in place for victims of domestic abuse, the place can help you access the help you need.

Don’t forget to document the abuse. Where possible take video or pictures of the abuse, the weapons used, or the injury that resulted from the abuse. This will help when applying for restraining orders citing domestic violence.

Whatever may happen, it is important to remember that you are not the problem, the abuser is. Don’t blame yourself for the abuse and don’t make excuses for the abuse. You can file for a restraining order against the abuser to help protect yourself.

July 19, 2020/by admin

Restraining Orders

Domestic Violence

Introduction:

The United States Department of Justice on violence against women defines domestic violence as a pattern of abusive behavior in any relationship.

One partner uses abusive behavior to gain control over another intimate partner. The general public thinks of domestic violence as only a physical assault. However, it is much more than that.

Moreover, the victims of domestic violence may include any person regardless of socioeconomic background, education level, race, age, sexual orientation, religion, or gender.

Domestic violence was referred to as wife abuse in the past.

However, the definition of domestic violence was changed. It is because only wives cannot be the victim of domestic violence.

Domestic violence today recognizes that victims can be Spouses, Dating/Intimate partners, Family members, Children, and Cohabitants.

Types of abuse:

There are different types of abuse involved in domestic violence. Each of them has its own consequences. They are important to know in order to identify domestic violence.

Let’s explore various factors below to understand domestic violence.

Control:

Controlling behavior is the way that the batterer uses to maintain dominance on the victim. This behavior includes various things such as monitoring phone calls, or other devices. In this behavior, they are often not allowed to make or receive calls.

Moreover, the victim is not allowed to choose their clothing style or hairstyle. In this behavior, the victim is forced to have some specific dressing style as more seductive or more conservative than they are comfortable. Controlling behavior of domestic violence also involves calling the victim or coming home unexpectedly.

It seems to be a loving gesture at fittest but becomes a sign of jealousy or possessiveness.

Controlling behavior does not allow the victim time and space of their own. In this behavior, the victim is encouraged or forced to believe that they are incapable of surviving or performing simple tasks. They are made dependent on their partner.

Furthermore, the children of the victim parent are also used as spies. The victim is threatened to kill, hurt, or kidnap their children in case the parent leaves the relationship. They also threaten them to call the Department of Child Safety (DCS, formerly CPS) if the parent leaves the relationship.

Physical Abuse

Physical abuse is defined by the ‘Amend Workbook for Ending Violence Behavior’ as physically aggressive behavior. This aggressive behavior withholds any physical needs of the victim. It also withholds an indirect physically harmful behavior or a threat of physical abuse. Physical abuse includes hitting, kicking, slapping, pushing, pulling, or beating the victim.

Physical abuse also includes scratching, pinching, or pulling hair. Various other behaviors such as stabbing, shooting, drowning, burning, hitting with an object, threatening with a weapon, or threatening to physical assault also come in the physical abuse.

Additionally, withholding of physical needs like the interruption of sleep or meals or denying money or food and transportation comes in physical needs. Sometimes, the victim is locked into or out of the house and denied help if sick or injured. The victim is abused or injured and sometimes threatened to injure others like children, pets, or any special property.

Sexual Abuse

Sexual abuse means using sex exploitatively or forced sex. Sexual abuse includes both verbal and physical behavior. There are many behaviors; however, one of the most common behaviors involving sexual abuse is forcing the victim to have sex without his/her willingness. It may also include making the victim have sex with others or having unwanted sexual experiences. It also involves the victim in prostitution involuntarily.

Furthermore, sexual abuse involves the victim in sexual activity when the victim is asleep, intoxicated, drugged, disabled, too young, or old. Sexual abuse also involves laughing or making fun of the victim’s body or sexuality.

Additionally, in the sexual abuse, the abuser makes offensive comments or insults the victim.

Moreover, sexual abuse in domestic violence involves making contact with the victim in any non-consensual way.

For instance, unwanted penetration or touching the victim’s body or using objects on any part of the victim’s body.

In addition to them, exhibiting excessive jealousy of the abuser results in a false accusation of the victim. It may also result in controlling behavior that limits the victim’s contact with the outside world.

Emotional Abuse & Intimidation

Emotional abuse is defined as any behavior that exploits another’s vulnerability, insecurity, or character. The emotional abuse involves continuous degradation, intimidation, manipulation, brainwashing, or control of another to the detriment of the individual (AMEND 3).

The victim is insulted or criticized in many ways which result in undermining the victim’s self-confidence. The victim is threatened or accused directly or indirectly that causes emotional or physical harm or loss. For instance, the spouse threatens to kill the victim or themselves, or both of them.

The abuser uses the statements or behaviors that cause confusion and insecurity in the victim. It also involves behaviors like hiding the victim’s keys and berating them for losing them.

In the emotional abuse, the abuser consistently disregards, ignores, and neglects the victim’s requests and needs.

Emotional abuse involves the statements or gestures that attack the victim’s self-esteem and self-worth. The victim is told to be mentally unstable or incompetent. Emotional abuse involves forcing to take drugs or alcohol. The victim is not allowed to practice religious beliefs.

There is isolation from the religious community. Any form of coercion or manipulation is used to disempowering the victim.

Isolation

Isolation often closely connected to controlling behaviors. It is the outcome of many kinds of abusive behaviors. With the isolation form of abuse, the victim is being isolated from all the resources that may help him/her leave the relationship.

Isolation is a form of abuse that controls how the victim thinks or feels.

Being isolated socially, the batterer keeps the victim from contacting the world. Isolation often begins with the expressions of love like “If you love me, you will spend time with me and not with your parents.

Gradually, the isolation expands and the victim limits contact with anyone except the better. The victim may also feel guilty because of the batterer’s behavior, or the condition of the relationship.

Verbal Abuse

Verbal abuse is any abusive language which is used to embarrass or threaten the victim. It involves threatening to hurt or kill the victim or their children, family, pets, property, or reputation.

The batterer abuses the victim by calling names like ugly, bitch, whore, or stupid. Verbal abuse also involves telling the victim that they are unattractive or undesirable. The batterer screams, terrorizes, or refuses to talk to the victim.

Economic Abuse

Economic Abuse is a way to control the victim through the manipulation of economic resources. Economic abuse means controlling the family income and not allowing the victim to have access to money. If the victim has access to the money, there is rigid access to the family funds.

Economic Abuse also involves hidden accounts. The victim is often not allowed to ask how money is spent. It may cause the victim to lose the job or preventing the victim from taking a job.

Psychological abuse

Psychological Abuse is a way of abusing the victim psychologically. In this type of abuse, the abuser invokes fear through intimidation. The abuser threatens the victim to physically hurt himself/herself, the victim, and the children. The Abuser also threatens the victim’s family or friends, or pets.

Not only these, but the abuser also tries to threaten the victim with regards to their property destruction, injuring the pets; isolating the victim from loved ones; and prohibiting the victim from going to school or work.

July 16, 2020/by admin

Restraining Orders

Difference between a restraining order and a protective order

Oftentimes, restraining orders are used interchangeably with protective orders. Perhaps the confusion in thinking they are the same arises from the few common denominators. Different states have different laws regarding restraining orders and protective orders. Depending on the state, you may also encounter different names used to mean the same order. For example, “Relief from Abuse orders” may be used to mean Restraining orders. It can also be termed as an order of protection. Your local process servers can help explain the difference.

Things in common

In the things in common below, the term, “the other person” is in reference to the person who gets served the documents by the process servers.

Restraining orders and protective orders have a few things in common:

Both require the other party not to come near you or try to contact you or any other person in your life you may wish it to cover, for example, your children.
Both require the other party not to come anywhere near your work, home, or any other place as pertained in the order.
Both require the other person to vacate a shared residence

What makes them different?

To understand the implication of the restraining orders and protection orders, you have to know the penalties involved. When Bay Area process servers serve protection or restraining orders, the persons served may not understand the full implication of the order or they may choose to ignore it.

If restraining order servers present you with papers in a divorce case, for example, and you choose not to adhere to what is in the order, you may not be sent to jail, although the court may have the authority to do so. If you insist on repeatedly violating the order, you will attract felony charges.

If on the other hand a protection order is presented to you by the Bay Area process servers and you choose not to adhere to what it entails then you WILL face SERIOUS criminal charges. As long as the victim calls the police on you for violating the protective order, the police will take action, something that may not happen with a restraining order.

In both cases, the court will assess the violation and circumstances surrounding it before arriving at the solution. The violation of a protective order may be treated as a misdemeanor, a felony, or contempt of court.

Another difference is the conditions each may deal with. For example, a restraining order may deal with child custody issues, child support, property issues, or spousal support while a protection order will not.

What is a protective order?

A protective order protects victims in cases of domestic violence. They are put in place to protect the victim of domestic violence. The protective order served by Bay Area process servers may encompass the victim’s children, other family members, current partner, or roommates.

Protective orders have several provisions such as a “No contact provision”, a “move out provision”, and a “peaceful contact” provision. Whatever the provision though, a protective order is meant to keep an abuser away from the victim. In a peaceful contact, for example, if the victim and abuser have children, then this order may permit a peaceful interaction.

When you file a protective order, the police may help serve the papers depending on your state. Otherwise, you can make use of process servers.

Different types of provisions:

No contact provision bans the abuser from making any contact with the victim. Examples of prohibited contacts include calling, texting, emailing, or stalking.
Peaceful contacts provide for limited contact if there are children involved as long as it is done peacefully.
Move out provisions require the abuser to pack up and vacate a shared premise.
Counseling provision requires the abuser to honor a set schedule to get counseling related to the violence.
Stay Away provision requires the abuser to maintain a certain distance at all times from the victim. For example, the order may require the abuser not to come within 500 meters of the victim.
Firearms provision prohibits the abuser from carrying a firearm. The abuser may be required to surrender any firearms in their possession.

Restraining Order

A restraining order is meant to keep someone from doing something. It is meant to keep someone from doing things such as damaging property, withdrawing money from a joint account, selling any assets, or canceling insurance policies for a divorce case. It is meant to stop your partner from trying to hide any assets.

If you feel threatened or are a victim of abuse then you should file a restraining order. Bay Area process servers are here to help you serve the order to your abuser. It doesn’t matter if it is your child being bullied at school, your spouse abusing or threatening you, or if it is a stranger on social media harassing you, restraining order servers ensure that the abusers receive the documentation to stop the habit or face legal consequences.

Types of restraining orders served by restraining order servers:

Domestic Violence Restraining Order (DVRO) which is set AFTER a domestic violence case has been concluded.
Temporary Restraining Order (TRO) which is a temporary order that is issued while waiting for a court date to be set.
Civil Harassment Orders are meant to protect a victim against someone that is not close to them for example that stalker on Facebook.
Emergency Protective Orders (EPO) which are (5-7 days) given by law enforcement at the time of being called at the scene of domestic violence. The victim will then have to file for a long-term order.
Dependent Adult Abuse Orders are in place to keep the elderly from being abused or threatened.
Workplace Violence Prevention Restraining Orders which are put in place to protect workers from being violated or harassed while at work.
Juvenile Restraining Orders which are put in place to protect the victim from a minor or juvenile. For example, if you are the parent of a child being bullied at school and you have sufficient evidence against the bully then you can file a Juvenile Restraining Order against the juvenile or minor who is the bully.

In case you need process servers, you can take a look at protectiveorder.com where competent Bay Area process servers and Restraining order servers are ready to serve the papers to your abuser.

July 12, 2020/by admin

Restraining Orders

Understanding Process Serving

A process server helps serve legal documents to a defendant involved in a court case. Documents served include warrants, subpoenas, divorce papers, eviction notices, and complaints among others. If you ever find yourself needing to serve legal documents, hiring registered process servers is the way to go.

Process servers worth their salt are knowledgeable about the laws and policies of various states. This way, they can legally serve the documents in a way that won’t affect the court proceedings. They understand the value of time in court proceedings, which is why they strive to deliver the documents in a timely manner. In the event that the defendant is elusive, Bay Area process servers are trained to track down the elusive defendants and serve the documents.

Finding the right Registered process servers

When searching for process servers to help you serve legal documents, you want to take your time to find the right fit. You want to pay close attention to the Bay Area Process servers’ credentials to ensure that they are competent enough to perform their duties. Different states have different requirements for process servers. There are states that want registered process servers and there are those that will acknowledge legal documents serving by any individual above the age of 18, as long as that individual is not part of the court case.

Where possible, seek out reviews from customers who have used the Bay Area process servers to determine whether or not they are the right fit for you. A good process server will also strive to give you updates and notifications on how things are going, such as any delivery complications encountered.

Last, but not least, consider how much you will be charged for the service. Is it conducive to your pockets or would you be better off looking elsewhere? Generally, the more time spent tracking and tracing the defendant will determine how much you will spend. If you have all the right, recent information about the defendant, you will make the process seamless. If, for example, the defendant to be served is outside the local vicinity, then you may have to pay more than someone being served locally.

Process serving options

Bay Area process servers have different options to serve legal documents. The papers can be hand-delivered to the defendant or a certified mail can be sent. The certified mail may be considered if it is impossible to approach the defendant at work or at home. Proof of sent papers will be issued in addition to proof that the address on the mail has no issues.

If the home address is known, door posting, complete with documentation of the delivery process is possible. In this case the process server will post the documents at the front door, with a judge’s authorization.

A local publication such as a newspaper may also be considered for serving the papers. The local newspaper must be in circulation in the area where the defendant resides.

Is it possible for the defendant to avoid being served?

The life of a process server can be an interesting and challenging one. If the defendant is not being elusive and trying to avoid being served, he/she is trying to transfer their frustrations on the process server by assaulting or attempting to assault.

What happens when the defendant tries to dodge being served? The common misconception is that if I avoid receiving the papers then the court case will not go ahead. This couldn’t be further from the truth! The case may be delayed but it will not be halted unless the plaintiff requests for a default judgment sighting your absentia from the court.

As long as due diligence has been done and the right defendant has been served, the law will take its course. Different states have different laws when it comes to process serving. Registered process servers have the knowledge of policies of a given state when it comes to the acceptable paper serving.

Generally though, as long as the defendant admits their identity, then the papers are considered served even though the defendant doesn’t physically take them. The papers can for example be left at the defendant’s work desk once they have admitted their identity or at their front door at home.

Identification can also be verified through social media, by a neighbor, or any other known source.

Alternatively, if your place of work or residence has been proved true to the judge then the papers may be left with any competent person at either place, as long as the person is over the age of 18. Other process serving options such as registered mail and local newspapers as mentioned above may be used.

What happens when the defendant is served?

Once served with the legal documents, most defendants go into ignoring mode. They ignore the paper in hopes that it will somehow make the case disappear. A prudent dependent however will go through the documents and determine whether or not they need to reply in a given timeframe and follow through with it. They will also check for any scheduled court date and prepare for it.

On the other hand, a stubborn defendant will not respond. Not responding will not make the case disappear; instead, it may fuel the plaintiff to request a default judgment to be entered. The judgment will be in their favor!

There are also defendants who adamantly refuse to go to court. When this happens, it is under the court’s discretion to go forward with the case as is with the information provided and enter a default judgment in favor of the defendant.

A responsible defendant will read through the papers and respond appropriately. They will engage a lawyer if need and they will attend the scheduled court date and state their side of the story.

Conclusion

No matter the reason you want the service of a process server, registered process servers are in a position to help you serve different legal documents. They are also in a position to advise on the way to go forward.

July 9, 2020/by admin

Restraining Orders

Domestic Violence Restraining Order

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.

https://www.google.com/url?sa=t&source=web&rct=j&url=http://www.cpedv.org/sites/main/files/file-attachments/ca_dv_fact_sheet_2_2015.pdf.pdf&ved=2ahUKEwjzlLe47rXqAhX3ZxUIHe-pCn8QFjAEegQIAxAB&usg=AOvVaw1RIH7QW6TMY2m1w3APytDI

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.

July 5, 2020/by admin

Restraining Orders

What are Civil Harassment Restraining orders?

What is Civil Harassment?

Before moving towards the Civil Harassment Restraining Orders, let’s define what Civil Harassment is. Civil Harassment is an abuse, threat of abuse, sexual assault or serious harassment by a person with whom you have not dated or someone who is not in your close relationship. Additionally, it is also considered as a n abuse if that person is from a same family but that does not include in domestic violence. For instance, if abuse is from uncle, aunt, nephew, niece, or cousin then it is considered as civil harassment not a domestic violence.

What is a Civil Harassment Restraining order?

Civil Harassment Retraining Order is a court order that protects people from violence, serious harassment, or threats of violence.

Conditions for Civil Harassment Restraining Order:

There are two conditions for civil harassment restraining order.

If a person has abused or threatened to abuse, sexually assaulted or have harassed you then you are eligible to apply for civil harassment restraining order.
When you are scared, seriously annoyed or harassed then you can apply for civil harassment order.

Conditions for the person you want to restrain:

The person you want to restrain for civil harassment restraining order might be among the fo0llowing.

That person can be your spouse or former spouse
A person with whom you dated at any time
That can also be your close relative including parent, child, brother, sister, grandmother, grandfather, in-laws etc.

If it is your close your relative then you must see whether domestic violence restraining order is best for your situation.

Civil Harassment Restraining order allows you to ask to refrain from:

You neighbor
Your roommate
Any of your friends
Any family member or any close relative
Any other person who is not closely related to you.

What can a restraining order do?

A restraining order is a court order that orders the restraining person to not contact you or any other family member. It does not allow the restraining person to go even near to you or anyone who lives with you. Moreover, the restrained person stays away from you, your work, or your children’s school. It also restricts that person to have a gun.

In California, as soon as the court issues the restraining order, it goes into a statewide computer system. That system allows law enforcement agencies to see that there is a restraining order in place.

What is Ex Parte?

If a party requests the court to act for restraining order without any notice to the opposing party then it is said to be Ex Parte.

The opposite party does not get noticed about the restraining order nor does it get an opportunity to come to explain their point of view about the issue.

However, it is often unusual to request the court to act on Ex Parte basis.

Generally, the court notifies all the parties before issuing any orders to permit all parties to show their position before the court through some pieces of evidence.

In case a person request for ex parte, the court may or may not grant the request for a restraining order. However, if the request for an ex parte is granted the other party is allowed to request a hearing to present further information.

The kind of restriction and the circumstances may differ from court to court and from judge to judge. Hence, one must consult with an attorney. To consult an attorney is important because he/she would be familiar with the court where the lawsuit is filled.

Enforcement of the restraining order:

Police cannot enforce the restraining order which is filled in a lawsuit. Civil Harassment restraining order is a civil matter and it must be enforced through civil proceedings. However, police is allowed to come out atb the time of any violation of a restraining order but they cannot force the parties to obey the orders. They are also not allowed to arrest anyone. Police comes out to help the party. They are allowed to arrest any person only if he/she violates the criminal statute.

If you call the police and complain about then theft of your property or anything else that violates the restraining order you may have to file a report otherwise police may not take any action.

As mentioned above, police can’t force anyone rather can take the actions in case of violation of the restraining order. For instance, if your spouse tried to threaten you with any object then in such a case you can report to the police and they can take the action against your spouse as crime is being committed by attempting to assault the family member.

On contrary, if your spouse sold the car by going against the restraining order then police can’t take any action against it as in such case the crime is not committed, and you’ll be invited to make the report which will be used for the further proceeding of the case. As restraining order, is there to protect the legal rights.

At last, the restraining order is used to protect the legal rights of the citizen but it can’t be used to claim any monetary damage done by the other party. And, if that’s the case; then the separate case has to file in claim the damages done.

Temporary Restraining order:

In case of high risk and on the demand of the petitioner, the temporary restraining order can also be issued by the attorney. This will restrain the suspect to stay from the petitioner and don’t try to engage with him or any person who lives with them.

One can file for the restraining order by himself, in most cases in order to protect, however, it may vary from country to country. It’s advised to hire a professional and experienced attorney. Who has the ability to put the evidence in the most efficient way and to protect the petitioner from any emotional decision that can harm him later or reduce the chances of getting the restraining order.

Consequences of violating the Retraining order and recommendation:

Restraining order, once issued may cause problems against the person as his name will be entered in the central system of the government which is used for tracking purposes. In case, the person will apply for any government job or for any other job which requires him to have the clean track record and if the restraining order is issued against him then this can create the big problem for him or often have to leave that opportunity untouched

It’ll also refrain the person from carrying the weapon as carrying the weapon increases the risk of violation and the harm to the party which applied for the restraining order. In case of violation, the violator can face legal action from paying the high penalty charges or ending up being in Jail for couple of months based on the severity of the violation and other factors. The punishment varies from country to country or state to state and sometimes combination of both jail sentence and fine needed to be beared by the violator,

Even for employers, it’s a negative signal and most will sideline the person whose criminal record shows that person was involved in such an activity where he had harassed or exploited the rights of others.

July 5, 2020/by admin

Restraining Orders

What is a Protective Order?

A protective order is a legal term. It is used when domestic violence is present and there is the possibility of reoccurring the violence. The protective orders can be put against spouses, family members, and the individuals who victimize others. The protective order can have different forms or several provisions.

However, its primary goal is to keep the abuser away from the victim. If the abuser violates the protective order, he/she can be charged with a criminal offense.

The duration of a protective order is usually from 1 to 5 years. However, it can be renewed if the person still feels threatened. There are rare cases when the duration of protective order exceeds to lifetime.

Since mid-1070’s various protective provisions commonly known as protective orders have been made available. These protective orders are made for the complainants/survivors of gender-based violence including domestic violence, stalking, sexual harassment, honor killing, and sexual violence.

Basically, these protective orders were made to provide legal protection remedies to the victims of the partner violence who was threatened and harassed by an ex-partner.

The growing domestic violence and the severity of (post) separation abuse and domestic killings have given birth to this legal protection tool. The legislative development of recent times has extended the application of such orders.

Protection orders are important legal measures. It is because they aim to protect complainants who have the threat of gender-based violence. They allow freedom of movement and prohibit certain activities of the suspect/perpetrator.

In the past decades, the range of substantive measures has been witnesses. It exists under various names which depend on the type of behavior it prohibits, restrains, or prescribes. A protection order, injunction, order of protection, restraining order, and eviction order are some of the common ones.

The term protection order is used here as an umbrella category to prevent violence from reoccurring. However, the focus is on the protection of the victims.

We have addressed the most important aspects below. In thee aspects, the substance and procedures of a protective provision order can differ. It should be noticed that the given below are the differences that are not always exclusive for one or another kind of order and some measures in Member states may have mixed characteristics.

The legal regime:

The legal regime is a regime under which the order is issued and by whom (mostly: criminal law, civil law, sometimes: administrative law, or other special laws). This corresponds with differences in the legal intersects and who are the legal subjects as rights holders that are targeted by the order.

Whatever the civil protective order may be, the victim has the private interests in the form of civil rights to be protected. The victim has the right to apply for the protective order and the judge has to issue that order. The protective order imposes some boundary limits on the other party keeping in view the behavior of that person. The behavior that violates the applicant’s civil rights must be taken into consideration.

The protection order is a sanction that the prosecutor or the judge imposes un\der criminal law in case of a criminal violation. Isle facto is a violation of public interest. The state should protect the public order and the individual victim as a citizen and prevents further violence in issuing a criminal restraining order as a bail condition or as part of the sanction.

In the administrative law, some members’ intimate partner violence against women is an offense against the ‘public order and safety’. The order is issued by the administrative authorities. It is usually mandated by the police.

The prohibited behavior/activity

The behavior/activity is a prohibited activity. The protective orders are prohibitory in nature.

They can cover a range of behavior.

They also stay away from complainants or other people. They stay away for many reasons; for instance, staying away prohibits the defendant from contacting the survivor; it refrains them from causing any further harm; it prohibits them from purchasing or using any weapon that the court specifies.

Some of the jurisdictions require the movement of the defendant should be electronically monitored to receive an order. In some cases, the order becomes mandatory. In that case, the person is required to do something like vacating the family home or providing the financial or any other support.

The stage at which the order can be applied or is issued

The emergency orders such as civil legal are distinguished without hearing but having an option to appeal. This can be a danger of violence upon application, provincial orders, and a final verdict order.

The requirements of the procedure for emergency order differ greatly. It also depends on the legal regime under which it is regulated.

Who can request or issue the order

It is usually the victim who applies under civil law.

However, in other jurisdictions, people from the victim’s family can also apply for the protective order. Prosecutor or magistrate issues the order in the ex-official order under criminal law.

Some jurisdictions issue ex parte. Ex parte is the legal proceedings that a person brings to the court in the absence of the other parties.

Duration of the order

Protective orders are often a temporary measure.

They are usually short-term orders sometimes, provincial restraining order. Some jurisdictions introduced the long term and permanent orders.

The permanent order is known as injunction order in common law systems. It is only the barring orders that have a particular minimum time frame. In all the jurisdictions, it has 10 days duration with a possibility of one extension of the barring type order.

In some cases, the victim wants some long term protection. In these cases, the civil or criminal law orders are imposed depending upon whether the victim and perpetrator have been separated or not.

It is to be noted that that barring order aims at protecting victims who co-habit with the perpetrator.

Sanctioning/monitoring

It is often difficult to enforce protection orders. It is because the perpetrator disappears before arrives to provide protection. In that case, criminalization of a violation of a civil protection order is greatly used. It is done to enhance the different preventive effect of a protection order.

The recipient of the protection order can be subject to electronic monitoring in some jurisdictions.

The protective electronic alarm is a device that allows the victim to call the police anytime if the perpetrator tries to contact or meet the victim.

Children and the protection orders

There is no doubt in the growing recognition of intimate partner violence that shows the victimization of the child. This must be taken into consideration when issuing a protective order. This helps to improve the effectiveness of child protection.

Difference between a protective order and a restraining order

Restraining orders are those orders which are filed to keep a person away from doing something. These orders are the most common in divorce cases.

On the other hand, protective orders are the order that is filed to keep a person safe from any other dangerous person. Protective order comes in different forms and is used for different purposes. However, its primary goal is to keep an abuser away from the victim.

July 4, 2020/by admin

Restraining Orders

Elderly abuse restraining orders-protects the legal rights of a person

Elderly abuse is being prevailed in our society. It put the elders in the permanent state of depression and anxiety that ruin their physical and mental health badly.so to provide freedom to the elders it is important to stop this cheap act of harassment for the betterment of the society.

To safeguard the senior citizen from abuse various laws have been made. The most powerful protection order is elder abuse restraining orders. Elder abuse restraining orders are approved by the code section 15657.03 and 15610.07.the people of age 65 or older than 65 years are considered as senior citizens. While the adults who are dependent lies in the age limit from 18 to 64 years old. Here we are going to discuss elderly abuse restraining orders in detail. So let’s go for it!

Interested to know about elderly harassment restraining orders

If we talk about a restraining order, well! It is an order form court that demands a person to keep away not only from you but also from your house and office and not to remain in contact with you. You are eligible for attaining a restraining order if you are worried about your protection from a person to whom you do not have any relation like:

Harassed
Stalked
Sexually assaulted

According to the specific definition elderly harassment is:

“Mental suffering which means depression, emotional stress, fear, confusion, severe agitation, which is come into being after the harassment, unusual behavior of someone, unethical act, that leads towards the condition of sudden depression, anxiety, to the elders.“

The institution of welfare provides its services to stop the harassment of elders. The financial abuse comes into existence when someone takes the belongings of an elder for wrong and unethical intentions. The court is responsible to provide restrain order against the elderly harassment to prevent it further and to provide protection to the petitioner.

When it is crucial to have restraining orders

Elderly abuse restraining orders are crucial when you are:

Meeting to your life partner and someone teases and hurt you
Spending time with your love ones and they take advantage of the situation by disturbing you in any way
Hurting not only emotionally but physically also

Eligible persons for getting dependent or elderly abuse restraining order

The restraining law is made for the protection of people from abuse and harassment.an elder of age65 or more than 65 years old and a dependent of18 or above years old that are facing mental torture and 9s not able to protect their rights are authorized to get restraining orders. Moreover, elderly abuse orders for restraining are available for the person who is abused physically, mentally, emotionally, financial harassment, and deprivation from the basic rights of life. The orders for the restraining of elderly abuse are not used frequently as compared to domestic violence

Procedure to get elderly abuse restraining orders

If you are suffering from harassment or abuse then do not be worried any more you can get restraining orders at once to protect your rights and save yourself from more torture.

You can apply for the orders on your behalf or with the help of your fellow as well
The attorneys also assist you during the whole process with fee
So before requesting for an elderly harassment restraining order you must have the following documents

Form EA-109

This form is required to warn the person who is involved in the harassment or abuse of elders. The person is making aware to come for the hearing on a specific time in the court. The court hearing is planned between the 21 to 25 days after the temporary restraining order. On the basis of this hearing, it is determined that whether there is a need to issue a restraining order permanently or not. The respondent is responsible for the continuous hearing within 21 to 25 days despite considering the fact whether the person has a suitable cause or not.

CLETS-001

It is another important document without which the whole procedure will remain incomplete.it provides the enforcement of law information about the person involved in abusing.it also contained the orders that assist how to forbid him to order from this worst cause. The respondent is responsible to bring a form EA-120 that he or she can use to prove his cause and for his or her defense.

The form EA -120-INFO gives a description to the respondents about the elderly abuse and its restraining orders. Before the issuance of a permanent restraining order, it is made clear that if there is a need or not for this order and if the respondent is involved in doing so or not. The court provides a right to the respondent to defend him or herself before the court.

EA-110

This form is taken to get the restraining order for a temporary period before the issuance of a permanent order. The hearing is set before the issuance of a temporary restraining order and the respondent is responsible to come in the court for the hearing. The petitioners are asked to form allegation against the respondent

EA-100

This form is permitting form that is issued by the court in the specific circumstances for example for the requirement of the following orders

No contact
No negative contact
Stay away

Procedure to serve the dependent or elderly abuse restraining orders

Once after the completion of the whole paperwork from the court, one must serve personally. If the petitioner gets your papers then an additional paper has to be filled by you and you have to follow a hearing that may last for two weeks in order to complete the whole process

How to get representation to tackle the elderly abuse restraining order

Anyone who is interested in tackling the situation after harassment can go to

The office of a law facilitator that is also a family law facilitator
Then filling of the form will be done by going through various processes
You are also welcome for free help of yours

Tenure of elderly abuse restraining orders

The period of effectiveness of restraining orders for elderly abuse is set by the judge the same task can also be performed by the commissioners of the city. The effectiveness of a restraining order remains for the three years permanently. After the completion of three years, you are eligible to renew it to extend its tenure further for three years.

Final verdict

Elderly abuse is a curse that is flourishing in society with all its negative outcomes. To get rid of this curse elderly abuse restring orders are issued to the elders so that their legal rights for life can be protected. The requirement of the restraining orders is quite simple and easy. Now elderly harassment is not a problem anymore you allow it get orders to form the court and court will punish the respondent to safeguard the rights of the petitioner.so if you are suffering from elderly abuse then just stop thinking anymore and apply for a restraining order in the court will cooperate with you during the whole process to provide you assurance for the protection of all your rights. You can take assistance from the professional by paying the fee; these professionals will help you to get the restraining orders against the elderly harassment.

July 4, 2020/by admin

Restraining Orders

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We always ready to prepare the same court papers that a lawyer would at a division of the cost.
Preparation and service of the 3-30-60-90 day take note on the defendant(s)
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Judgment Recovery

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Civil Law

Under civil law, one individual sues another for a private off-base. In public, residential violence action, you’re inquiring about the court to resolve the strife between you and your abuser. You’re not investigating the court to punish your abuser for committing wrongdoing. The controlling orders we talk almost on this page are under the civil law system.

Criminal Law

The criminal law framework in the services of process servers handles cases that include violations such as harassment, ambush, murder, stalking, and robbery. The police may arrest your abuser, and after that, the area lawyer may choose to charge your abuser with a crime. In numerous cases, you’ll be able to select whether or not to “press charges.” Still, once somebody is arrested, the district lawyer is the one who chooses whether to charge that individual with wrongdoing and how to proceed with it. Domestic violence cases may include both civil and criminal action.

What is a Domestic Violence Limiting Order (DVRO)?

A Domestic Violence Restraining Order (DVRO) could be a civil court order that’s marked by a judge and tells your abuser to stop abuse or confront genuine lawful consequences. It offers public legal security from residential violence to both ladies and men victims.

What is the legal definition of domestic viciousness in CA?

California’s Domestic Violence Anticipation Act (DVPA) characterizes residential violence as undermined or real abuse from somebody with whom you’ve got had a close relationship. The Residential Violence Prevention Act is planned to ensure you or your children under the age of 18 who live with you from actual or debilitated violence, such as:

Physical injuries;
Sexual assault;
Attacking, striking, or battering;
Molesting;
Harassing;
Stalking;
Harassing or undermining phone calls;
Destroying individual property;
Disturbing your peace;

Emergency Protective Order

If a police officer reacts to a domestic violence call, the police officer can call a judge (anytime, day or night) and inquire for an emergency protective order, which goes into impact immediately. An emergency protective order can final only five business days or seven calendar days (whichever is shorter). It is supposed to grant you time to go to court to inquire for a Domestic Viciousness Controlling Order, which lasts longer. The emergency protective order makes the other individual take off the domestic, stay away from you, and not see your children, at least on a brief basis.

Temporary (ex parte) Restraining Order

When you go to court to apply for a restraining order, the receptionist will provide you a date, ordinarily inside three weeks, after you will get to come back to court for a full hearing. If you’re in immediate threat and require security right away, you’ll inquire for a Temporary (ex parte) Restraining Order, which can last for up to 15 days, or until you’ve got your full-court hearing, which is ordinarily three weeks. You’ll get this temporary order “ex parte,” which suggests you’ll be able to get it without your abuser.

How can a DVRO help me?

A Domestic Violence Restraining Order may:

Order the abuser not to ambush, debilitate, abuse, follow, harass, or meddle with you, your children, or individuals you live with in-person, at work, on the phone, or by others means;
Order the abuser to stay away from any place you ask including your school, your children’s school, your workplace, your friends’ homes, or any place where you’re looking for shelter;
Prohibit the abuser from having or acquiring a firearm;
Tell the police to expel the abuser from home and assist you in returning to the house;
Grant you transitory full control over things own together such as a car, a truck, a boat, a computer, tolls, electronic gear, bank accounts, or family appliances;
Order the abuser to proceed to form the advance payments (be sure to ask for this if you would like it specifically);
Order the abuser to return your personal belongings for future protection;

Order the abuser to pay specific bills, payback cash you lost for missing work or other costs (such as an emergency vehicle, therapeutic, dental, shield, counseling and legitimate fees);
Order the abuser to pay your lawyer fees;
Order the abuser to go to a batterer’s treatment program or other counseling services;
Anything else you inquire for any the judge agrees to.

If you and your abuser have children together, you’ll moreover inquire the judge to give new things such as:

Child guardianship and visitation – In case you and your abuser have children together, the judge can decide where the children will live, which parent will make decisions influencing the children, and how the children will spend time with each parent, where the child wants to spend time (where, when, or decided by a judge).
Removal of a child – You’ll ask the judge to keep either or both guardians from traveling or moving outside the city, district, region, or state.
Child support payments – You will ask the judge to order your abuser to pay a child to support according to California’s guidelines.

Can I able to do a file for a Civil Harassment Order?

Any individual who has suffered harassment or stalking as characterized by CA law can apply to the court for a Civil Harassment Order. It does not matter who the individual harassing you are. It can be a stranger or somebody you know.

July 3, 2020/by admin