One of the most serious issues that face people who are dating, engaged, or married is that of domestic violence. Pursuant to studies conducted by the Center for Disease Control. one in four women (25%) and one in seven men (14%) have been the victim of severe. physical violence by an intimate partner in their lifetime; and even more disturbing. two-thirds (66%) of female victims of stalking stalked. bthere 17,306 domestic violence incidents. reported to law enforcement. in which a four percent increase from the prior year . While the statistics not yet available for 2018. it likely that such numbers will at the same level or a slight increase. As always when discussing domestic violence. it is important to note that if you are being abused by a partner of any sort. you should stop reading this blog and contact the appropriate authorities.
On remedies for domestic violence. the first and most important remedy is as listed above to contact the authorities. file a police report. and wait for the District Attorney to take action. under the appropriate provisions of the penal code. The second – or important remedy is to get a Domestic Violence. Restraining Order (“DVRO”) from the Family Court. DVRO's governed by the Domestic Violence Protection Act. which defines abuse as 1) or causing or attempting to cause injury. 2) sexual assault. 3) placing a person in reasonable apprehension of imminent serious. injury to that person or to another. 4) engaging in any behavior that has been or could be illegal. such as molesting, attacking, striking, stalking, threatening, battering, harassing. destroying personal property, contacting the other by mail. telephone, or otherwise, disturbing the peace of the other party.
An intimate or familial relationship exists
In addition to the abuse component, one must prove that an intimate or familial relationship exists between the parties, or else the relief requested is more appropriately a Civil Harassment Restraining Order (“CHRO”). It is always worth noting that the party requesting the restraining order bears the burden of proof, meaning that they must prove that the abuse occurred. Under the DVPA, restraining orders can granted on a permanent. basis for a term between many months and five years. This order can later renewed. Depending on whether there has been more or continuing conduct. after the initial order has granted.
Realm of Family Law, a number of rumors continue to exist about domestic violence restraining orders.
The first and most prevalent rumor is that a restraining. Order will only granted if there is physical violence between the parties. While the element of physical violence is one that likely ensures. That a protective order will granted. It does not need to occur for an order to granted. As discussed above.
There also can be many forms. depending on what type of relief. One is seeking for themselves. and their children. But contact an attorney who can guide you between what is real. And what is a dead-end. And who will advocate for you to get the protection you need.
Contact our office. Sunnen Law today with any Domestic Violence. Restraining Order questions you may have to protect your personal safety.