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Domestic Violence
What is Domestic Violence?
Under the California Domestic Violence Prevention Act (DVPA), "domestic violence" is defined as "abuse" perpetrated against any of the following persons:
(a) A spouse or former spouse.
(b) A cohabitant or former cohabitant.
(c) A person with whom the respondent is having or has had a dating or engagement relationship.
(d) A person with whom the respondent has had a child.
(e) A child of a party.
(f) Any other person related by consanguinity or affinity within the second degree.
What is Abuse?
“Abuse” on the other hand is defined as any of the following:
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(1) To intentionally or recklessly cause or attempt to cause bodily injury.
(2) Sexual assault.
(3) To place a person in reasonable apprehension of imminent serious bodily injury to that person or to another.
(4) To engage in any behavior that has been or could be enjoined.
What are some behavior that could be restrained?
According to the California Family Code, a Court may issue an ex parte order enjoining a party from molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, credibly impersonating, falsely personating, 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, of other named family or household members.
It is clear that abuse is not limited to the actual infliction of physical injury or assault. A domestic violence restraining order may be sought to prevent a party from unsettling the domestic tranquility of the other person. If the Court grants your request for a Domestic Violence Restraining Order and you cannot afford to pay for the attorney’s fees and costs, the Court shall, if appropriate based on the parties' respective abilities to pay, order the restrained party to pay your attorney’s fees and costs for commencing and maintaining the proceeding.
There is also a rebuttable presumption that an award of sole or joint physical custody or legal custody of a child to a person who has perpetrated domestic violence is detrimental to the best interest of the child. If you believe you are a victim of domestic violence, Call (925) 289 7989 today and start getting the advice and assistance you need.