Domestic violence is a national epidemic that harms countless men and women
across the United States each year. According to the National Coalition
Against Domestic Violence (NCADV), “1 in 4 women and 1 in 9 men
experience severe intimate partner physical violence, intimate partner
contact sexual violence, and/or intimate partner stalking with impacts
such an injury, fearfulness, post-traumatic stress disorder, use of victim
services, contraction of sexually transmitted diseases, etc.” Victims
of domestic violence in California can apply for emergency protective
orders and restraining orders in both criminal and civil court. However,
before you take legal action, it’s important to first understand
California’s definition of “domestic violence.”
Defining Domestic Abuse
California’s domestic violence laws are intended to protect people
from experiencing abuse in familial or romantic relationships. For the
purpose of getting a protective order, the California Penal Code identifies
domestic violence as when a current or former romantic partner –
such as a spouse or boyfriend/girlfriend, family member, cohabitant, or
coparent causes you or your children physical, mental, or sexual harm.
The state recognizes the following actions and behaviors as “domestic
violence”:
- Causes or attempts to cause you physical injury
- Sexually assaults you or attempt to sexually assault you
- Threatens you or the people you love with physical violence
- Attacks, batters, molests, or stalks you
- Destroys your personal property or disturbs your peace
- Harasses you in person or through alternative communication methods
As such, domestic violence encompasses misdemeanor and felony offenses
such as domestic battery (California Penal Code Section 243(e)(1), inflicting
corporal injury on an intimate partner (California Penal Code Section
273.5), and child abuse (California Penal Code Section 273(d).
The California Penal Code
A prosecutor considers many factors before determining if a defendant should
be charged with a misdemeanor or a felony. For instance, the prosecutor
needs to evaluate the severity of a victim’s injuries, the circumstances
surrounding the relationship, and the defendant’s past criminal
and domestic violence history.
Applying for a Restraining Order
Identifying the signs and dynamics that are commonly associated with domestic violence and abuse can only
be the first step in escaping a dangerous situation. If your safety or
the lives of your children are in jeopardy, it’s important to contact
a qualified attorney immediately. At the Arnold Law Group, APC, we can
help you apply for emergency protective orders as well as temporary or
permanent restraining orders.
Schedule a Confidential Consultation Today
Contact the trial-tested
Fresno domestic violence lawyers at Arnold Law Group, APC if you need to secure legal protections against
a dangerous party. We can help you compile essential evidence and prepare
a strong case strategy that can be presented to the court. We can stand
by your side through each step of this harrowing experience. With our
help, you can obtain the protection you need to safeguard your life.
Contact Arnold Law Group, APC
at (559) 900-1263 to schedule a consultation.