California Domestic Abuse Laws and How to Get Help for Domestic Abuse
When dealing with domestic violence crime in California, the state has special rules. Before we gather some details about the California domestic abuse laws, it is first better to understand what domestic violence in this state is.
Domestic violence is a threat or abuse, where the victim and the abuser have been or are in an intimate relationship. Even this rule applies if the abuser and the person being abused are closely related to each other by blood. According to the Domestic Violence laws in the state of California, abuse is:
- Physical hurting or trying to hurt someone either recklessly or intentionally.
- Sexual assault
- Making a person sensibly fear that either themselves or someone else is about to be hurt seriously.
- Activities like hitting or threatening, stalking or harassing someone.
- Disturbing the person’s peace or abolishing his/her personal belongings.
According to the California Domestic Abuse Statistics, most people believe that physical abuse is something that involves just hitting. But, it can be anything like pulling hair, pushing, shoving, kicking, scaring, throwing things or preventing one from free movements. Even, psychological, emotional and verbal abuse is considered domestic abuse in California.
Domestic Abuse Laws in California:
The California Penal Code Section 273.5 PC is the most commonly charged domestic violence charge. This section deals with corporal injury to any person, who was or is an intimate partner of the accused. As per Domestic Abuse Law in the state, this section of the Penal Code can be filed as a felony or a misdemeanor.
Factors that can cause domestic violence arrest:
To carry out a domestic violence arrest, certain factors are considered. The person, who called 911 first is the main consideration. The second consideration is the person, who is more upset and the third consideration is the person, who had a greater physical injury than the other. In some instances, gender bias plays a role.
Who is an intimate partner under PC 273.5?
According to Domestic Abuse Laws in the state, the intimate partner is:
- The spouse of the former spouse of the person who did the abuse
- The former or the present cohabitant of the offender
- The fiancée or fiancé of the offender or someone with whom he/she had a dating relationship or engagement
- The father or mother of the offender’s kid.
Are there any ways the offender can be protected?
According to the legal defenses under PC 273.5, a person charged with domestic abuse can be safeguarded from punishment if it is proven that:
- He/she had a lack of a willful plan
- He/she has been untruly accused of domestic violence
- It was an act of self-defense
- Lack of proof of abuse
How to get help?
You do not have to meet an attorney to ask for or to respond to a restraining order. However, it can be good to have a lawyer by your side. You should do this particularly if you have kids. The processes followed by the Court can be bewildering. It is essential that both the domestic abuser and the abused need to meet each other in the court. Both of you will have to tell the judge what happened on a specific day in the public courtroom. To easily handle the process, support from experts in domestic violence or a lawyer can be helpful.
For the person seeking protection:
To provide Help for Domestic Abuse in California, you will find violence help centers in the state. Even, you can find legal aid agencies and shelters that help people ask for a restraining order. These services are offered either as low-cost or free service. In case, you are the person looking for a restraining order, look for help in your area as against doing it on your own.
For the person responding to a restraining order:
According to domestic abuse statistics in the state, it is harder to find low-cost or free help if you are responding to a request for a restraining order. However, you can still try as legal aid agencies follow different guidelines. Even, your local bar association might have a volunteer lawyer program in place to help people like you.
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