Domestic violence, all would agree, is far too prevalent in our society. On average, the National Coalition Against Domestic Violence (NCADV) estimates 20 people are abused per minute by an intimate partner in our country. Over the course of one year, this equates to over 10 million women and men.
What Is Domestic Violence
Domestic violence is not only physical assault and abuse. It can take many forms, including:
- Verbal abuse
- Social abuse
- Sexual abuse
- Stalking, threats and/or intimidation
- The destruction of personal property
- Bullying over social media
- Unwelcome phone calls, text messages and/or emails
- Violent or threatening behavior
Victims of domestic violence are both men and women. The NCADV states that 1 in 4 men and that 1 in 3 women have been victims of some form of physical violence by an intimate partner, with women between the ages of 18 to 24 being the most commonly abused.
What to Do If You Are a Victim of Domestic Violence
Domestic violence is something which may escalate from threats and verbal abuse to violent actions which affect your physical, emotional and psychological well-being.
Those in the United States can seek immediate help by reaching out and calling the National Domestic Violence Hotline at 1-800-799-7233 (SAFE). It is also a good idea to file for a “protective” or “restraining order” to protect yourself and your loved ones.
Who a Restraining Order Can Be Issued Against
A domestic violence victim is regarded under the Domestic Violence Prevention Act (DVPA) as a “protected person”. Anyone seeking a DVPA remedy as a “protected person” must fall under one of the following categories as outlined in Ca Fam § 6211:
- Spouse: This includes current and former spouses
- Cohabitant: This includes current and former cohabitants. A cohabitant is someone who regularly or formerly regularly resided in the household
- Dating or engagement relationship: This is a person with whom the alleged perpetrator/respondent is having or has had a “dating or engagement relationship”
- Co-parent: This is someone with whom the alleged perpetrator/respondent has had a child and where the male parent is presumed to be the father of the child of the female parent pursuant to the Uniform Parentage Act
- Child: This is the child of a party or a child who is subject of a Uniform Parentage Act Action
- Blood relative: Any person who is related by lineage or affinity within the second degree
The Domestic Violence Services Available to Victims
There are a variety of domestic violence services available to victims based on their unique situation:
- Temporary and permanent domestic violence restraining orders
- These orders tell an abuser to stop the abuse or else they face serious legal consequences
- Civil harassment restraining order
- These orders are issued to protect people from stalking, serious harassment, threats of violence and assaults
- Criminal protective orders
- These orders are designed to protect witnesses or victims of a crime by disallowing the restrained person from going near or making contact with the other person
- Elder and dependent abuse restraining order
- This order applies to those who are defined as being an elder or dependent, and who are a victim or physical abuse, financial abuse, abandonment, neglect, isolation, and mental abuse
- Enforcing out of state restraining orders
- Out of state restraining orders will be enforced in California if the order meets certain requirements
- Restraining order enforcement
- Law enforcement agencies and courts must enforce domestic violence protection orders
What Purpose Does a Restraining Order Serve?
Restraining orders are court orders that can order a restrained person to:
- Not contact you or be near you, your children, other relatives, pets or those who live with you
- Not be near your home, work, or the school your children attend
- Move out of your house (even if you live together)
- Follow child support and visitation orders
- Pay child support
- Pay spousal/partner support
- Pay certain bills
- Not make any changes to insurance policies
- Release or return certain property
- Not incur significant expenses or do anything which may affect your or the other person’s property if you are married or domestic partners
- Not have a gun
Seek Protection with Lavinsky Law
Lavinsky Law is located in Los Angeles, California and provides legal counsel to those living in Los Angeles County. We have helped individuals dealing with domestic violence and other family law issues return to healthy, rewarding lives by aggressively protecting the rights of our clients’ as well as by obtaining favorable results through litigation and mediation.
If you or someone you know is a victim of domestic violence, we encourage you to call us today for a free consultation to discuss your case, learn about your rights and to start defending yourself today.
Call Lavinsky Law at (310) 274-2717.
If you have questions or would like more information regarding Domestic Violence in California
Contact Lavinsky Law Today
Lavinsky Law is located in Los Angeles, California and serves clients in Los Angeles County, including Beverly Hills, Brentwood, Burbank, Culver City, Encino, Glendale, Hermosa Beach, Inglewood, Long Beach, Manhattan Beach, Pasadena, Redondo Beach, Santa Monica, West Hollywood, Hollywood, North Hollywood, Norwalk, Pomona, San Fernando, Sherman Oaks, Studio City, Torrance, Van Nuys, Westwood, South Bay, and El Segundo, CA.