Every day, people from all walks of life experience domestic violence. Domestic violence is abuse or threats of abuse when the person being abused and the abuser are or have been in an intimate relationship [such as married or domestic partners, those who are dating or used to date, live or lived together, or have a child together]. Other relationships recognized include situations where the abused person and the abusive person are closely related by blood or by marriage.
California Family Code section 6203 defines abuse as the following:
- Intentionally or recklessly to cause or attempt to cause bodily injury;
- Sexual assault;
- To place a person in reasonable apprehension of imminent serious bodily injury to that person or to another;
- To engage in any behavior that has been or could be enjoined pursuant to Section 6320 [author's note: this involves "molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, harassing, telephoning, including, but not limited to, making annoying telephone calls, destroying personal property, contacting, either directly or indirectly, by mail or otherwise, coming within a specified distance of, or disturbing the peace of the other party, and, in the discretion of the court, on a showing of good cause, of other named family or household members. The court may also make orders concerning animals in a request for a restraining order.]
As you can see, the law defining abuse covers a lot of behavior, including various forms of physical abuse such as kicking, shoving, or blocking one's freedom to move; the law even protects against verbal, emotional, or psychological abuse.
How can we help you?
If you wish to file a request for a Domestic Violence Restraining Order (DVRO), or a request for a DVRO has been made against you, we can lead you through this difficult process. In our experience, domestic violence is one of the most time-sensitive issues in Family Law because hearings must typically occur within 21 days of the request being made. Also, as the party requesting a restraining order, any missteps or failure to provide adequate information can result in temporary or permanent orders being denied. Or, if you are not properly represented, orders may be granted against you that may have dire consequences for your job and everyday life.
We highly recommend that you do not attempt to wade through this difficult time alone. Your domestic violence case must be handled by a seasoned attorney. Call us today at (925) 228-0800 for your free 30-minute consultation.