Going through domestic violence is a terrible experience that can seriously injure or even kill the person or people affected by such abuse. Domestic violence can also leave major emotional scars on its victims. There are always red flags to look and steps you can take if you or a loved one is going through domestic violence.
What is Domestic Violence?
Domestic violence is defined as abuse or threats of abuse by a significant other, spouse, or close family member. Domestic violence can include the following:
Intentional physical harm;Sexual abuse;Threats to harm someone; andDestroying personal property.
Physical abuse can also mean harassing, stalking, disturbing someone’s peace, kicking, pushing, throwing things, and keeping the person from doing what he or she would want to do. Even though many people believe that domestic violence is just physical, it can also be verbal, emotional, and psychological. If you or a loved one is going through domestic violence, you should not delay in getting help.
What To Do When You Are Going Through Domestic Violence
Domestic violence does not have to be fought alone. If the abuse has become extensive, then it is wise to have a restraining order placed on the abusive person. A California Domestic Violence Restraining Order is a court order meant to protect those who are being abused or threatened by a significant other, spouse, ex-partner, or family member. If a person’s child is being abused, then a restraining order can be filed on behalf of the child. If a child is 12 years old or over, they can independently file a restraining order.
What if Qualifications for a Domestic Violence Restraining Order are Not Met?
If you are being abused or threatened by someone other than a partner or family member, there are several other types of restraining orders that you may be eligible for. These include:
Civil harassment restraining orders, which can be used for neighbors, roommates, workplace colleagues, or more distant family members such as cousins, aunts, or uncles.Elder abuse restraining orders, which pertain to an abused person 65 years old or older.Dependent abuse restraining orders, which apply to an abused dependent adult who is between the ages of 18 and 64 years old.Workplace violence restraining orders, which can be filed by an employer to protect their employee from violence, stalking, or harassment.
How will the Restraining Order Affect the Abuser?
Once a restraining order has been issued, the abuser will not be allowed to contact or go near the abused person, children, or other relatives. They will also not be allowed to live in the home with the abused person, and they must stay away from the home and the abused person’s workplace or school. If the abuser and abused person have children together, the abuser must follow all child custody and visitation orders and pay any required child support and spousal or partner support. When a restraining order has been issued by the court, all law enforcement officers in the state have access to this information.
Contact a San Jose Domestic Violence Attorney
No one should have to go through the unfortunate reality of domestic violence. If you or a loved one is the victim of domestic abuse or violence, Dominion Law Group, LLP is on your side. To schedule a free consultation, call an experienced Santa Clara County domestic violence attorney at 408-288-5592 to get the help you deserve.