Important points about domestic violence and restraining orders

| Dec 17, 2020 | Domestic Violence

In California and across the United States, domestic violence is a problem that seems to be getting worse. These incidents can happen at any time, but with the current health situation gripping the nation, it is growing more prevalent. For those who are facing domestic violence, it is imperative to know what steps to take to make sure they and others in the home are safe. Those who are accused of domestic violence should also know their rights. Understanding vital facts about domestic violence and how it is viewed and addressed by the state is key.

Domestic violence and what restraining orders can do

Domestic violence occurs if a person is treated violently or abusively by another person in the home or with whom he or she once had a relationship. According to the law, abuse is categorized as someone trying to physically hurt another person; committing sexual assault; instilling fear through threats or because they believe they may be seriously injured; or stalking, committing harassment and destroying the other person’s property. Abuse can run the gamut from punching, kicking, pushing, clutching, unwanted following and more.

A restraining order is a way to put a stop to the domestic violence by ordering the alleged abuser to leave the residence and to stay away. There can be a restraining order if there was abuse or threats of abuse and the couple is married, divorced, separated, dating, once dated, resides together, previously resided together, have a child together, or are closely related. The restraining order can order the alleged perpetrator to stay away from the victim; stay away from the victim’s home, work or school and the children’s school; leave the residence if they live together; not have a gun; pay spousal support, child support and adhere to child custody visitation orders; pay bills; leave insurance policies as is; take part in a program for domestic abusers, and more.

Restraining orders and other family law issues may require legal assistance

While a restraining order might be effective in protecting the victim, it is imperative to understand that there are limits to what it can do. Anyone who is involved in this type of situation should be cognizant of their rights. That is not limited to the person who is claiming to have been victimized, but to the person who is accused as well. If there are domestic violence issues or the couple needs assistance in moving forward with a divorce, having legal assistance can be crucial. Calling a firm that is experienced in domestic violence and family law can provide help with these complex circumstances regardless of the perspective.

 

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