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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You Can Never Own a Gun if You are Convicted of Domestic Violence
You Can Never Own a Gun if You are Convicted of Domestic Violence If you are convicted of domestic violence in California, you face harsh penalties that will impact you for the rest of your life. Depending on the circumstances of your case, you could face up to four years in prison and fines of up to $6,000 if you are convicted of a domestic violence offense. Additionally, under a…
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How Long Does a Domestic Violence Restraining Order Last?
How Long Does a Domestic Violence Restraining Order Last? In domestic violence cases, the alleged victim may seek a domestic violence restraining order, which is a protective order that requires you to stay a minimum physical distance from the other person, their place of work and their home. A restraining order may forbid you from making any contact through telephone, email or any other form of communication for a certain…
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Should I Have My Spouse Testify on My Behalf in a Domestic Violence Case? (PC 273.5)
Should I Have My Spouse Testify on My Behalf in a Domestic Violence Case? (PC 273.5) After an argument in your home, your wife angrily dials 9-1-1 and accuses you of domestic violence. Police soon show up and take you into custody. Now, you could be facing very serious domestic violence charges. However, your spouse realizes your freedom is at stake and wants to recant her statements. This is not…
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How You Can Help Domestic Violence Charges Against Your Significant Other Be Dropped
How You Can Help Domestic Violence Charges Against Your Significant Other Be Dropped You got in a heated argument with your boyfriend or girlfriend at your apartment, and you told your significant other to leave. Still angry, you decided to call the police and tell them that your significant other hit you. After your boyfriend or girlfriend has been arrested on suspicion of domestic violence, you want to come clean.…
Read MoreFelony Domestic Violence in Los Angeles
Felony Domestic Violence in Los Angeles Domestic violence is one of the most commonly reported crimes in Los Angeles County. In 2012, there were 39,253 reports of domestic violence. This figure represents 25% of all emergency calls to 911 in LA County. Felony domestic violence in Los Angeles is a serious crime, and prosecutors are very aggressive with these types of cases in Los Angeles County. You face severe penalties…
Read MoreCalifornia Domestic Violence Laws: Is it Domestic Violence if You are Not Dating the Victim?
California Domestic Violence Laws: Is it Domestic Violence if You are Not Dating the Victim? When someone mentions domestic violence you probably imagine a scenario where a husband performs an act of violence against his wife. However, California domestic violence laws are broader than that. You don’t have to be married to be accused of domestic violence. Domestic Battery (California Penal Code 243(e)(1)) In order to be convicted of domestic…
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