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|  | The effects of a protectve order are severe. A court can quickly order a party out of their home for up to a year, order temporary custody for up to a year and award child support for up to a year. The experience, expertise and skill of the lawyer that represents you can make the entire difference between wining and losing your case. A Domestic Violence charge can cause a tremendous upheaval in your life. If an order for protection has been given, you may find yourself unable to get into your house, even to get clothes. You may be unable to see your children. We can help you get your life back to normal. As a fprmer prosecuter, Jack I. Hyatt understands the legal process, has gained experience in over 20,0000 cases since 1973, and will provide aggressive representation in your case and will provide the best opportunity to get the case dismissed. WHAT IS DOMESTIC VIOLENCE? Domestic violence is about one person getting and keeping power and control over another person in an intimate relationship. The abusive person might be your current or former spouse, live-in lover or dating partner. A psychologist and law school professor who is an expert in domestic violence has described it as "a pattern of behavior in which one intimate partner uses physical violence, coercion, threats, intimidation, isolation and emotional, sexual or economic abuse to control and change the behavior of the other partner." (Mary Ann Dutton) Domestic violence happens to people of all ages, races, ethnicities, and religions. It occurs in both opposite-sex and same-sex relationships. Economic or professional status does not indicate domestic violence - abusers and victims can be laborers or college professors, judges or janitors, doctors or orderlies, schoolteachers, truck drivers, homemakers or store clerks. Domestic violence occurs in the poorest ghettos, the fanciest mansions and white-picket-fence neighborhoods. About 95% of victims of domestic violence are women. Over 50% of all women will experience physical violence in an intimate relationship, and for 24-30% of those women, the battering will be regular and on-going. Every 15 seconds the crime of battering occurs. (National Coalition Against Domestic Violence General Information Packet). Most abusers are men. They may seem gentle, mean, quiet or loud, and may be big or small. There is some evidence that shows boys who grow up with domestic violence often become abusers as adults, however, many abusers are from non-violent homes, and many boys from violent homes do not grow up to be abusive. The law defines domestic violence in very specific ways. Every state and U.S. territory has laws that allow its courts to issue protection orders, as do many Indian tribes. Each state, territory or tribe decides for itself how to define domestic violence and how its laws will help and protect victims, so the laws are different from one jurisdiction to another. Although you may be a victim of domestic violence, the laws in your jurisdiction may be written in a way that does not include or protect you. This does not mean that you are not a victim, and it does not mean that you should not seek help. The law is a useful and important tool for increasing safety and independence, but it is not the only tool. In addition to legal assistance, you might benefit from safety planning, medical care, counseling, economic assistance and planning, job placement, childcare, eldercare or pet care assistance, or many other types of practical help and advice. You can seek assistance from advocates, shelters, support groups, the National Domestic Violence Hotline, and perhaps even your religious leader or doctor. DOMESTIC VIOLENCE is a pattern of abusive behavior which keeps one partner in a position of power over the other partner through the use of fear, intimidation and control. PHYSICAL ABUSE: Grabbing, pinching, shoving, slapping, hitting, hair pulling, biting, etc. Denying medical care or forcing alcohol and/or drug use. SEXUAL ABUSE: Coercing or attempting to coerce any sexual contact without consent, e.g., marital rape, forcing sex after physical beating, attacks on sexual parts of the body or treating another in a sexually demeaning manner. ECONOMIC ABUSE: Making or attempting to make a person financially dependent, e.g., maintaining total control over financial resources, withholding access to money, forbidding attendance at school or employment. EMOTIONAL ABUSE: Undermining a person's sense of self-worth, e.g., constant criticism, belittling one's abilities, name calling, damaging a partner's relationship with the children. PSYCHOLOGICAL ABUSE: Causing fear by intimidation, threatening physical harm to self, partner or children, destruction of pets and property, mind games or forcing isolation from friends, family, school and/or work. Thank you to Valerie Despres for her help in writing this article. AM I BEING ABUSED? CHECKLIST Look over the following questions. Think about how you are being treated and how you treat your partner. Remember, when one person scares, hurts or continually puts down the other person, it's abuse. Does your partner… ____ Embarrass or make fun of you in front of your friends or family? ____ Put down your accomplishments or goals? ____ Make you feel like you are unable to make decisions? ____ Use intimidation or threats to gain compliance? ____ Tell you that you are nothing without them? ____ Treat you roughly - grab, push, pinch, shove or hit you? ____ Call you several times a night or show up to make sure you are where you said you would be? ____ Use drugs or alcohol as an excuse for saying hurtful things or abusing you? ____ Blame you for how they feel or act? ____ Pressure you sexually for things you aren't ready for? ____ Make you feel like there "is no way out" of the relationship? ____ Prevent you from doing things you want - like spending time with your friends or family? ____ Try to keep you from leaving after a fight or leave you somewhere after a fight to "teach you a lesson"? Do you… ____ Sometimes feel scared of how your partner will act? ____ Constantly make excuses to other people for your partner's behavior? ____ Believe that you can help your partner change if only you changed something about yourself? ____ Try not to do anything that would cause conflict or make your partner angry? ____ Always do what your partner wants you to do instead of what you want? ____ Stay with you partner because you are afraid of what your partner would do if you broke-up? If any of these are happening in your relationship, talk to someone. Without some help, the abuse will continue. (Adapted from Reading and Teaching Teens to Stop Violence, Nebraska Domestic Violence and Sexual Assault Coalition, Lincoln, NE). WHAT IS DOMESTIC VIOLENCE? Domestic Violence is physical violence, threatened violence, and abuse which occurs in the following relationships: Married Couples (also known as Spousal Abuse) Cohabiting Couples Persons who have a child or children in common Persons in a dating relationship or who were in a former dating relationship Persons who were formerly married to each other DOMESTIC VIOLENCE covers a wide range of abuse, including Spousal Abuse and child endangerment. Any threatening or violent act, even if the accused did not intend to harm or compromise the safety and security of the victim, could be grounds for prosecution under the California Domestic Violence laws. DOMESTIC VIOLENCE cases are treated differently than other criminal cases. There are designated Prosecutors and special Domestic Violence Units (DV Units) within the Prosecutor's office that stand ready to aggressively prosecute anyone charged with Domestic Violence. DOMESTIC VIOLENCE ABUSE EXAMPLES Threats Intimidation Annoying Phone Calls Stalking (such as following the victim to and from work, and threatening the victim) Physical Assault or Abuse Hitting Slapping Pushing Shoving Kicking Biting Pinching Punching Hair pulling Beating Sexual Abuse Unwanted sexual touching Forced sexual acts Criticizing sexual ability Verbal Abuse Emotional cruelty Constant criticism Name calling Ignoring the victim Degrading remarks Mocking Taunting Swearing Financial Abuse Refusing to pay bills Withholding money from victim Not allowing victim to work Not purchasing family necessities Social Abuse Isolating the victim from family / friends Violating privacy rights of victim Opening and reading victim's mail Monitoring and listening in on telephone calls Outward jealousy and possessiveness Child Abuse Child endangerment charges can be filed if the child witnesses the violence DOMESTIC VIOLENCE charges may be filed as a misdemeanor or a felony. How it is filed by the Prosecutor is based on the seriousness of the case. Severe injuries (including severe cuts and broken bones) will almost always be charged as a felony. No injury or slight injury cases will generally be filed as a misdemeanor. Both prior acts of reported domestic violence and the criminal history of the accused may also influence how the case is filed---usually as a felony. The terminology used differs from state to state - restraining orders and protective orders are examples of orders issued by a court restraining the conduct of a person and protecting a victim from the activities of an abusive person. A "Temporary Restraining Order" is ordinarily issued after an "ex parte appearance" (an appearance in court by one party without the other being present). The Temporary Restraining Order is an order of the court that states that a person is to refrain from particular acts and to stay away from particular places. A Temporary Restraining Order becomes effective only once it has been served on the restrained person (so s/he has notice and can seek an opportunity to be heard). In addition to the Temporary Restraining Order, an "Order to Show Cause" hearing is scheduled so that both parties will have the opportunity to explain to the court the reasons why a more "permanent" restraining order should or should not be issued. Temporary Restraining Orders usually can be issued the same day they are requested and remain in effect until the scheduled hearing on the Order to Show Cause. The Order to Show Cause hearing is typically scheduled to occur within 15 or 20 days.
Once the Temporary Restraining Order and Order to Show Cause have been served on the person to be restrained, a hearing can be held to determine whether there is sufficient cause for a court to issue a more "permanent" restraining order. Based upon the evidence presented at this hearing, a court can order the restrained person from engaging in certain acts and from being in certain places (such as the victims' residence and place or employment). After a hearing, a Restraining Order can remain in effect for a period of time, even several years. This Restraining Order After Hearing can also be renewed for additional periods of time upon application by the protected person, and its duration may become permanent.
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