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DOMESTIC VIOLENCE: DO SOMETHING ABOUT IT NOW!

Domestic Violence should not be tolerated or endured. It is bad and often gets worse quickly. And, it’s more than physical assault and abuse. It also includes:

  • Verbal Abuse

  • Social Abuse

  • Sexual Abuse

  • Stalking, Threats and/or Intimidation

  • Destruction of Personal Property

  • Bullying Through Social Media 

  • Unwelcome Phone Calls, Text Messages and/or Emails.

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Domestic Violence victims can be both men and women and the violence often escalates from threats and verbal abuse and moves into violent actions which can easily affect your physical, emotional and psychological well-being.

It is always a good idea to file a ‘’protective’’ or ‘’restraining order’’ to protect yourself and your loved ones.

Qualify as a ‘’Protected Person’’ under DVPA

If you are a domestic violence victim, you are regarded as a ‘’protected person’’ under the Domestic Violence Prevention Act (DVPA).

 

Anyone seeking a DVPA solution must fall under one of the following categories as outlined in CA Fam 6211. This includes:

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  1. Spouse: Includes current and former spouses.

  2. Cohabitant: Includes current and former cohabitants. A cohabitant is defined as someone who regularly or formerly regularly resided in the household.

  3. Dating or Engagement Relationship: A person with whom the alleged perpetrator/respondent is having or has had a ‘’dating relationship or engagement relationship.’’

  4. Co-Parent: 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.

  5. Child: The child of a party or a child who is subject of a Uniform Parentage Act Action.

  6. Blood Relative:  A person who is related by lineage or affinity within the second degree.

Domestic Violence Services

A variety of domestic violence services are available to victims based on their unique situations and include:

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  1. Temporary and Permanent Domestic Violence Restraining Orders. The order tells an abuser to stop the abuse or they will face serious legal consequences.

  2. Civil Harassment Restraining Order: The order is issued to protect people from stalking, serious harassment, threats of violence and assaults.

  3. Criminal Protective Orders: The order is designed to protect witnesses or victims of a crime by disallowing the restrained person from going near or making contact with the other person.

  4. Elder and Dependent Abuse Restraining Order: The order applies to those who are defined as being an elder or dependent, and who are a victim of physical abuse, financial abuse, abandonment, neglect, isolation, and mental abuse.

  5. Enforcing Out of State Restraining Orders. The order will be enforced in California if the order meets certain requirements.

  6. Restraining orders are court orders that can order a restrained person to:

    1. Not contact you or be near you, your children, other relatives, pets, or those who live with you.

    2. Not be near your home, work, or the school your children attend.

    3. Move out of your house, even if you live together.

    4. Follow child support and visitation orders.

    5. Pay child support.

    6. Pay spousal/partner support.

    7. Pay certain bills.

    8. Not make any changes to insurance policies.

    9. Release or return certain property.

    10. Not incur significant expenses or do anything which may affect you, or the other person’s property if you are married or domestic partners.

    11. Not have a gun.

If you or someone you know is a victim of domestic violence

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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.

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