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| 11271 Ventura Blvd. |
| Suite 473 |
| Studio City, CA 91604 |
| Phone: 877-479-7970 |
| Fax: 888-509-8864 |
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| Warner Center Towers |
| Phone: 877-479-7970 |
| Fax: 888-509-8864 |
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| Watt Plaza |
| Phone: 877-479-7970 |
| Fax: 888-509-8864 |
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| Fashion Island |
| Phone: 877-479-7970 |
| Fax: 888-509-8864 |
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Domestic Violence
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Frequently Asked Questions About Domestic Violence
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Q: What kind of behavior is considered domestic violence?
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A: Domestic violence can take a number of forms, including:
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- 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).
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Q: If I leave, how can I make sure the abuser won't come near me again?
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A: The most powerful legal tool for stopping domestic violence is the temporary restraining order (TRO). A TRO is a decree issued by a court that requires the perpetrator to stop abusing you. The order may require, for example, that the perpetrator stay away from the family home, where you work or go to school, your children's school and other places you frequent (such as a particular church). The order will also prohibit further acts of violence.
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Many states make it relatively easy for you to obtain a TRO. In California, the court clerk will hand you a packet of forms and will even help you fill them out. When you've completed your forms, you'll go before a judge to show evidence of the abuse, such as hospital or police records. Sometimes judges are often available to issue TROs after normal business hours.
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Q: Are protective orders available only when the abuser is a spouse?
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A: No, in most states, the victim of an abusive live-in lover can obtain a TRO or emergency protective order. In a few states, the victim of any adult relative, an abusive lover (non-live-in) or even a roommate can obtain such an order. To learn about your state's rule, contact a local crisis intervention center, social service organization or battered women's shelter.
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Q: If the law takes children away from their parents, is the removal temporary or permanent?
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A: The goal usually is to reunite the family after correcting the problems that led to the removal. This, however, is not always possible. For example, if the parents make little or no effort to improve the children's care, then the state may ask a court to end all parental rights. If this happens, the legal bonds between parents and children are completely and permanently cut, and another family may adopt the children.
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Q: What is punishable under child abuse laws?
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A: It is a crime for adults to abuse children in their care. Such adults include parents, foster parents, legal guardians, other adults in the home, family members, and baby-sitters. Supervising adults may not go beyond reasonable physical punishment. For example, adults who beat children so severely that they require medical treatment have violated these laws. Child abuse laws involve not only physical abuse (such as beatings or starvation), but other types of cruelty, such as sexual molestation and subjecting a child to extreme public humiliation. A person may be guilty of child abuse that he or she did not personally commit if that person had legal responsibility for the child and failed to protect the child from the abuser.
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Q: What is child neglect?
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A: State laws make it a criminal offense for parents and legal guardians to fail to meet children's basic needs, including food, shelter, clothes, medical treatment, and supervision. Such failure constitutes child neglect.
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Q: Who has a duty to report suspected child neglect and abuse?
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A: The law compels a wide range of people who have contact with children to report suspected child abuse or neglect. Such people include doctors, nurses, teachers, social workers, and childcare providers . A person who is required to report suspected neglect or abuse may face civil or criminal penalties for failure to do so. In addition, states often encourage the reporting of suspected abuse by others such as neighbors and family members through special hot lines. The laws of most states encourage persons to make reports of abuse by granting them immunity from defamation suits by the accused parents if they make the report in good faith. Some states keep central lists of suspected child abuse cases. This helps identify parents, for example, who take their children to different hospitals in order to conceal the evidence that they have repeatedly abused their children.
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Allegations of family violence are often complex. Whether you face mere allegations or domestic violence charges, it is important that you consult with an experienced attorney immediately. Contact us at 877-479-7970, or e-mail us at info@law-thomas.com, to arrange for a confidential complimentary consultation.
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 California Department of Health Services (CDHS)
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The CDHS Family Violence Referral Directory lists resources by county, including shelters/domestic violence programs, counseling services for victims, crisis hotlines, services for defendants, and legal service providers.
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Can the Law Help Protect Me From Domestic Violence?
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A State Bar of California pamphlet.
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[More]
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