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Spousal abuse is a form of domestic
violence that under California law is a crime that is
taken very seriously regardless of gender. If police respond
to a call involving domestic violence they are required to
submit a police report and if there is probable cause they
can arrest the perpetrator of the crime and recommend either
felony or misdemeanor prosecution. Once charges have been
made for domestic abuse only the District attorney’s
office can make the decision to drop the charges. It is a
rare occurrence that the charges are dropped, and the case
typically proceeds to trial, letting the court decide the
outcome. In recent years the penalties for spousal abuse have been
increasingly stringent, often vigorously prosecuting first
time offenders who at a minimum can expect some jail time
along with the requirement to complete a counseling program.
This counseling is designed to help individuals understand
and change their violent behavior. If drugs or alcohol are
involved there may be a requirement for the individual
convicted of domestic abuse to attend a recovery program.
Domestic violence can take a number of forms, including:
- physical behavior (slapping, punching, pulling hair or
shoving)
- forced or coerced sexual acts or behavior (unwanted
fondling or intercourse, or sexual jokes and insults)
- threats (threatening to hit, harm or use a weapon)
- psychological abuse (attacks on self-esteem, attempts
to control or limit another person's behavior, repeated
insults or interrogation)
- stalking (following a person, appearing at a person's
home or workplace, making repeated phone calls or
leaving written messages), or
- cyberstalking (repeated online action or email that
causes substantial emotional distress).
Typically, many kinds of abuse go on at the same time in
a household.
The most powerful legal tool for stopping domestic violence
is the temporary restraining order (TRO). A victim of
domestic violence or spousal abuse can apply for a
restraining order under which the alleged abuser is
prohibited from having any contact with the victim or the
family, is not permitted to posses a weapon and must
continue to obey any existing child
custody / support order and/or spousal
support agreement.
Domestic violence orders may include:
- Personal Conduct (Harassment, Violence, Contact)
- Stay Away Orders
- Move Out Orders
- Child Custody, Visitation, and Child Support
- Permitting Recording Of Restrained Communications
- Temporary Control Of Property
- Payment (by the other party) Of Debts
- Property Restraint (against disposing of jointly-owned
property)
- Payment Of Your Attorney Fees (if any)
- Payment Of Court Costs
- Orders Requiring The Other Party To Attend A
Batterer’s program
- Orders Against Possession Of Firearms
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Orders Against Ownership Of Firearms
If you feel that you are in danger from your partner or
spouse you should call 911 immediately. The courts, the
police, and your attorney will help you through the process
to ensure that you and your family are safe and protected. If you have any further questions about spousal abuse please
contact our attorneys today. Please contact us online or
call us at 1-800-221-9847.
Related Information
Domestic Violence
Child Abuse
Restraining
Orders
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