Domestic violence is a very personal and painful experience, and it requires handling by trained professionals who are experienced and compassionate. The first step in a domestic violence case is to protect the victim from any more abuse. This can be done with court orders that can be obtained with the help of an attorney who specializes in family law.
Domestic violence law in California defines domestic violence as the following:
o Threats of injury by hitting or using a weapon
o Actual physical behavior that hurts the person
o Forced sexual behavior and harassment
o Psychological abuse that deflates a person’s self esteem or attempts to control the person
o Stalking or cyberstalking
If any of these actions occur, law allows a victim to request a protective order from the court to stop the abusive behavior. These protective orders can be sought for an abusive spouse, but they can also be obtained against a sexual partner, family member or roommate. It is best to request one of these orders as soon as possible after the abuse occurs, since courts are more likely to provide orders on an emergency basis in these cases. However, a delay in reporting the abuse should never be a reason for not reporting it at all, since domestic violence law allows victims to file for protection at any time in the process.
A protective order in these cases usually consists of a temporary restraining order or TRO. These orders will prohibit the other person from approaching the victim at home, at work or over the phone. The order may also force the spouse to go into counseling and prohibit him from purchasing a firearm. The order may even extend to children and others living in the home if their safety is also at stake. If the person violates the restraining order in any way, the police can be called and an arrest can be made.
According to law, these restraining orders are registered in a statewide database. This makes it much easier to track and respond to abusers who choose to violate those orders in any way. If someone has a need to seek a restraining order, the best approach is to contact an attorney who is well versed in domestic violence law to help with the process. This professional can also help to ensure that the order is enforced and that appropriate measures are taken if it is violated.
Domestic violence is a painful situation that happens far too often. However, there are steps that can be taken to ensure that abuse of any kind that is inflicted on a victim is stopped once and for all. Under law, a restraining order can be placed to protect the victim and the rest of the family if necessary. If you have been the victim of any sort of domestic abuse, contact a family law attorney right away to find out what your rights are and how to make the violence stop.