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Domestic violence presents a threat to the safety and
security of our society and families. It is a societal
problem that is no longer hidden or ignored by the courts or
criminal prosecutors. In California, the Department of
Justice Spousal Abuser Prosecution Program was developed to
assist both victims and prosecutors of domestic violence
offenses. This has helped to create special teams of
investigators, prosecutors, and support teams who work with
the victim from the time charges are filed until sentencing
and beyond. Since January 1, 2000 there have been many attempts to
improve the assistance offered to victims of domestic
violence. They include changes to the California Penal Code
as follows:
Mandating arrest for
restraining order violations
This law recognizes both the dangerousness of
restraining order violations and California police are now
mandated to arrest offenders who violate domestic violence
restraining orders.
Expanded coverage of
domestic violence criminal law protections to include former
spouses and cohabitants
This amendment to the penal code expands the coverage of
protection. In the past only married couples and co-parents
of a child were covered under these provisions.
Mandating that police remove
all firearms at domestic violence scenes
This amendment gives the police the authority to remove guns
and ammunition from a scene of domestic violence.
Providing victims of
domestic violence with housing relocation funding
This amendment provides for up to $2,000.00 in housing
relocation assistance to every victim of domestic violence
in California who reports this to the police.
Requiring that police and
prosecutors give victims one free copy of the domestic
violence report within five days of being requested
This allows victims to determine if all the evidence
available has actually been investigated and entered into
the report.
Requiring that Family Courts
make a presumption that giving custody to a perpetrator of
domestic violence is detrimental to the child
This helps the courts refuse custody to a person who has
been accused or convicted of domestic violence.
Requiring that the
California Judicial Council make domestic violence forms
available in languages other than English
This legislation will assist police, prosecutors, and
victims to obtain accurate statements from Spanish-speaking
victims of domestic violence.
Providing that an employer
may not discharge, discriminate, or retaliate against an
employee, domestic violence victim who takes time off work
to "attempt to .....ensure the health, safety, or
welfare of a domestic violence victim or his or her
child"
This change to the labor code protects victims of domestic
violence from losing their jobs because of domestic
violence.
If you are a victim of domestic violence you should act
immediately to protect yourself and your family. To find out
more about your rights you can contact your state or county
district attorney’s office or many self-help and advocacy
groups that are listed in your phone book. In the case of a
domestic emergency call 911 and help will be on its way
immediately. If you want to find out your rights under California laws or
any of the amendments that have been made over the last five
years please contact an attorney. To help protect your
rights and family, please feel free to contact our
California lawyers with questions or concerns about domestic
violence. Please contact us online or
call us at 1-800-221-9847.
Related Information
Spousal
Abuse
Child Abuse
Restraining
Orders
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