Issuing threats, stalking behavior, physical assault, sexual assault, abusive conduct, or threats of abuse where the person being abused and the abuser are family members or have been in an intimate relationship (married or domestic partners, are dating or use to date, live or lived together, or have a child together) constitute domestic violence in California. Domestic violence laws in California define “abuse” as:
– Physically hurting or trying to hurt someone, intentionally, or recklessly
– Sexual assault/molestation
– Making someone reasonably afraid that they or someone else are about to be seriously hurt
OR
– Behavior like harassing, stalking, threatening, battering or hitting someone, disturbing someone’s peace, or destroying someone’s personal property
Keep in mind that physical abuse is not just hitting. Abuse can be kicking, shoving, pushing, pulling hair, throwing things, scaring or following someone, keeping someone from freely coming and going, and can even include physical abuse of family pets. Further, abuse does not have to be physical. Abuse can be verbal, emotional, or psychological. You do not have to be hit to be abused. Often, abuse takes many forms, and abusers use a combination of tactics to control and have power over another person.
If you are involved in a domestic dispute, are the recipient of domestic violence, or have been wrongfully accused of domestic violence, you need help as you navigate through the court process. The consequences of having a California domestic violence restraining order entered, for or against you, can be severe. Requesting or defending against a restraining order is of paramount importance. A restraining order can lead to the following consequences:
Domestic violence proceedings in the family law courts can have serious and long-lasting consequences affecting one’s rights as briefly described herein.
If you believe you have been a victim of domestic violence, don’t hesitate to contact Phillips Whisnant Gazin Gorczyca & Curtin, LLP today to arrange a meeting with one of our domestic violence attorneys. We will fight to defend your legal rights and keep you and your children safe from harm.