Understanding Domestic Violence Restraining Order Laws
Domestic Violence Restraining Orders | PC 273.6 Explained
Domestic Violence Restraining Orders | PC 273.6 Explained Domestic violence is a serious issue that affects many individuals and families across the world. In the state of California, domestic violence is defined as abuse or threats of abuse against an intimate partner, such as a spouse or ex-spouse, cohabitant, or someone with whom the abuser has had a dating relationship. This can also include abuse against a child or elderly…
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Parris v. Christopher: How To Successfully Defend Yourself If You Are Facing A Domestic Violence Restraining Order Court Case
Parris v. Christopher: Defending Against Domestic Violence Restraining Order Cases A domestic violence restraining order (DVRO) is a type of restraining order issued to protect people, property, or pets. A DVRO is typically issued against a romantic partner, but it can also be issued against a family member. Having a DVRO issued against you can be a burden. A simple argument can escalade into a restraining order. However, in order…
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Are Bar Fights Between Roommates Domestic Violence?
Are Bar Fights Between Roommates Domestic Violence? It is Sunday, and for you, that means going to a bar to watch your football team play its weekly game. You invite your roommate to show up, not realizing that the quarterback of the other team is on his fantasy team. Your friend cheers as his QB throws touchdown pass after touchdown pass against your team, and he begins to taunt you.…
Read MoreConvictions of Misdemeanor or Felony Domestic Violence in California End Your Federal Right To Bear Arms
Convictions of Misdemeanor or Felony Domestic Violence in California End Your Federal Right To Bear Arms The Second Amendment to the United States Constitution protects your right to keep and bear a firearm. A conviction for felony domestic violence in California strips you of this right unless, under limited circumstances, you are pardoned or have your conviction expunged. In addition, a conviction for misdemeanor domestic violence will mean that under…
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Self-Defense in Domestic Violence Cases
Self-Defense in Domestic Violence Cases If you have lived with a significant other, you know that arguments can begin over the smallest little things. Last year, a 50-year-old woman was charged with a felony assault after she stabbed her 61-year-old boyfriend with a pen because he ate all the salsa.1 Another woman stabbed her boyfriend in a fight over the air conditioning in their hotel room.2 So, if this happens…
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Charged with felony domestic violence and felony false imprisonment
Charged with felony domestic violence and felony false imprisonment One Wallin & Klarich client was charged with felony domestic violence (P.C. 273.5(a)) and felony false imprisonment (P.C. 236). It was alleged that the client prevented his spouse from leaving a room in their home by locking the door during a verbal argument and that the argument later escalated into a physical confrontation. The spouse suffered injuries and there were other…
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Who Is Eligible to File For a Domestic Violence Restraining Order and What Is the Process Like?
Who Is Eligible to File For a Domestic Violence Restraining Order and What Is the Process Like? Domestic violence restraining orders may be filed by married or registered domestic partners, spouses, significant others, former spouses and significant others, and cohabitants. Children who are 12 years of age or older can file a restraining order on their own. Domestic violence restraining orders may also be filed by someone else on…
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What Is a Domestic Violence Restraining Order?
What Is a Domestic Violence Restraining Order? Under California law, a restraining order can be issued by a judge in order to prevent unlawful conduct under certain circumstances. A common court-issued restraining order is a domestic violence restraining order. This type of restraining order is usually issued against family members and other members of the household; however, it can be issued against anyone who is threatening violence or the…
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When is it a Crime to Encourage Someone Not to Report a Crime?
When is it a Crime to Encourage Someone Not to Report a Crime? Not surprisingly, it is a crime to dissuade someone from testifying against you in court. In addition, the law states that “every person who attempts to prevent or dissuade someone who has been the victim of a crime or who is witness to a crime from making any report of that victimization to a peace officer is…
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Understanding Domestic Violence Restraining Order Laws
Understanding Domestic Violence Restraining Order Laws What Are Domestic Violence Restraining Orders? A Domestic Violence Restraining Order is a type of Restraining Order issued by a non-criminal court that can legally protect someone from various types of abuse. “Abuse” is defined in California Penal Code 13700(a) as: intentionally or recklessly causing or attempting to cause bodily injury, or placing another person in reasonable apprehension of imminent serious bodily injury to…
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