What is Domestic Violence?
We all may have a stereotypical picture of what domestic violence is in our heads, but the legal definition is actually broader than you might think. Yes, domestic violence can be battery, assault or sexual assault. But in California, other things can fall under the umbrella of domestic violence, including harassment, stalking, destroying personal property, disturbing the peace, or even indirect threats.
If you can show that any of the above is happening and that you have a “reasonable apprehension of imminent serious bodily injury,” the court will issue a temporary restraining order and possibly a permanent restraining order.
Who are the Perpetrators and Victims of Domestic Violence?
It’s not just a spouse who can be a perpetrator or victim of domestic violence. It can be the parent of your child, even if you were never married to them, or an ex-spouse.
The Consequences are Serious
The fallout of domestic violence is serious for all involved.
For the victims of the violence, the stakes can’t get any higher. Consequences of the violence can include serious injury or death. Even if the injuries are not life-threatening, the violence can be psychologically devastating and lead to unhealthy depression or other mental issues.
For the perpetrators of domestic violence, the law is very strict. Even for minor charges where no one is seriously harmed, the perpetrator might be sentenced to county jail for up to a year, followed by an extensive probationary period. More serious offenses could lead to a felony charge and a long sentence in state jail. Of course, if the battery or assault leads to death, even by accident, then the perpetrator may face homicide charges and federal prison.
In Family Court, the consequences to perpetrators of domestic violence can include suspension of custody and visitation rights, elimination of the right to obtain spousal support and other financial support, monetary sanctions, and court-ordered participation in various rehabilitation programs.
Emergency and Support Resources
Please, for the sake of yourself and your family, if you are the victim of domestic violence, reach out to one of the following organizations:
- 911: If you are in an immediate emergency, call 911 to get help right away.
- The National Domestic Violence Hotline: 1−800−799−7233. If it is not safe for you to call, or if you do not feel comfortable doing so, they have a live chat service option on their website.
- California Partnership to End Domestic Violence: This site has California local resources you can find by zip code, including shelters, domestic violence centers, etc. https://www.cpedv.org/
- National Suicide Prevention Hotline: 1-800-273-8255.
- Mental Health America: Trained crisis counselors are available 24/7 for free.
- SAMHSA Treatment Referral Helpline: 1-877-726-4727. Get general information on mental health and local treatment services in your area. Speak to a live person, Monday through Friday from 8 a.m. to 8 p.m. EST.
Want to Talk More?
If you have been impacted by domestic violence and want to know about your legal options, contact Park Family Law. We can assist you every step of the way.
In Memoriam: Cherry Liu, May 6, 1968 – August 1, 2018