Many relationships in California are built on love and commitment. Even when a couple functions well together, there can be ups and downs. While disagreements and even fights are possible, what is not acceptable is physical harm or abuse. When a partner in a relationship suffers harm because of violence or abuse, there are actions he or she could take. Additionally, if children are involved, these protective measures can extend to the child, ensuring their safety and welfare are also protected.
California domestic violence laws
The laws concerning domestic violence in the state of California are designed to prevent familial or intimate relationship violence. Domestic violence occurs if certain conduct is committed within a certain relationship. This includes violent acts against a spouse or former spouse, cohabitant or former cohabitant in a home, a parent with whom the individual has a child or a partner in a dating relationship.
Depending on the acts asserted when taking action against domestic violence, criminal charges could result. This could result in battery charges, disorderly conduct or even sexual assault charges. If charges do result, this is dependent on the evidence available and whether a prosecutor decides to charge the individual.
Filing a restraining order
When domestic violence is part of a relationship and one seeks to stop it and ensure their safety, filing for a restraining order is an important step to take. In helps prevent future harms from occur and penalizes him or her if the order is not upheld. If imminent harm is feared, a restraining order not only stops this harm but also helps an individual get away from a partner or spouse that may be causing the harm. And if the couple has a child in common, a restraining order could help provide protection for the child as well.
Standing up against domestic violence is not an easy step to take; however, it is often necessary in order to stop the cycle and ensure one’s safety. Thus, it is important to understand one’s rights when it comes to protecting not only him or herself but also any children involved.