What is a Domestic Violence Restraining Order in California?
California has different types of restraining orders. One version is the Domestic Violence Restraining Order. The DVRO can only be used in cases that involve two people who have shared an intimate relationship. It can be used in cases that include fiancées, spouses, couples who have been dating, siblings, parents, children, and grandparents. There are cases where a DVRO was taken out in cases involving in-laws.
Having an intimate relationship with the person you’re trying to get the DVRO against is just one-half of the equation. The second half is that you must have been abused. This doesn’t always mean physical abuse. Suppose you can provide sufficient evidence to support a claim of emotional, psychological, and even online abuse by a person you have a relationship with. In that case, you can apply for a DVRO.
A DVRO can only be granted by a California judge. Once the judge approves the restraining order against them has been granted and to make sure that the individual understands the terms of the DVRO.
While each DVRO goes through a bit of customization to suit each case, it can be used to:
- Make sure the person named in the order can’t contact you
- That they must maintain a specific distance away from you
- If you live together, they’ll be required to move out
- Make sure the named person doesn’t stalk, harm, harass, or threaten anyone the DVRO is designed to protect
A surprising number of people assume that they have to pay to have a DVRO taken out on an abuser in their life. That’s not the case. Not only are you able to fill out the application for a DVRO for free, but the police will also serve your abuser with the papers at no charge.
Some California counties have a policy that requires you to fill out a “fee waiver application” form, and there still won’t be a fee connected to the filing process. The document simply states that you aren’t paying for anything connected to the DVRO.
The amount of time a DVRO remains in effect depends on its type of protection order. If the DVRO was created as a direct result of an emergency, it’s only in effect for seven days. Before the seventh day elapses, you need to file for another DVRO that will last longer.
A temporary DVRO is designed to protect you for 20-25 days. Permanent DVROs can remain in effect for as long as five years. A hearing will take place during which a judge will listen to the case and decide exactly how long the DVRO should last before it expires.
How Misdemeanor Probation Works in California
It’s not at all unusual for a California judge to sentence a person to misdemeanor probation rather than actual jail time. This doesn’t mean that you’ve gotten away with anything. It simply means that the judge considers you a low-risk criminal offender and that it makes more sense for you to remain at home instead of spending a few months in a jail cell.
Don’t assume that since you’ve been sentenced to misdemeanor probation, you’re free to do whatever you want. There are still a few rules and requirements you’ll have to follow.
Misdemeanor probation is a sentencing option for most California misdemeanors. Judges frequently use it when the case involves a juvenile or adults who are first-time offenders. The idea behind misdemeanor probation is that it’s not a punishment for a crime but a chance for you to receive some rehabilitation and learn from your mistakes so you don’t find yourself on the wrong side of the law again.
California judges have the option to sentence you to anywhere from one-five years of misdemeanor probation. While five years of probation is on the table, it’s highly unusual for anyone to receive more than three years. While each case can differ, most misdemeanor probations include the following:
- Paying court fines and any restitution connected to the case
- Possible counseling sessions
- Community service
- Drug/alcohol counseling and testing when appropriate
You will be required to periodically appear in court while you’re serving probation for routine progress reports.
While the vast majority of people are delighted to be sentenced to misdemeanor probation rather than actual jail time, every once in a while, someone will reject the judge’s offer of probation. Reasons you may choose to decline probation include the following:
You would rather spend a few months in jail than a few years on misdemeanor probation.
You want to serve some jail time and put the entire matter behind you
You’re worried you won’t be able to stick to the terms of the misdemeanor probation and will ultimately violate probation and be in even more legal trouble
The last thing you need to know about misdemeanor probation in California is that it is possible to violate the terms of your probation.
If you get in involved with a misdemeanor parole violations, the possible repercussions include the following:
- Having your probation time extended
- Being required to pay yet more fines
- Losing your ability to have your conviction expunged from your record
- Possible jail time
Suppose you have been sentenced to misdemeanor probation in California. In that case, it’s in your best interest to meet with your lawyer immediately so they can explain precisely what requirements you must adhere to during your probation time and how to successfully navigate the probation process.
Are Yard Sales Legal in California?
Yard and garage sales are an excellent way to clear your home of clutter and to generate some extra money.
The good news is that California doesn’t have any laws that restrict you from having a yard or garage sale. As far as the state is concerned, they’re perfectly legal. However, that doesn’t mean you’re free to move your stuff into your front yard and start selling it.
While the state doesn’t have any rules governing yard and garage sales in California, many local branches of government do. In addition, several California cities don’t forbid yard and garage sales but have rules you’ll have to follow when you decide to sell your unwanted items.
Some cities and townships require a permit for yard and garage sales. The good news is that these permits aren’t challenging to acquire and don’t cost much. The best way to obtain a permit for a yard or garage sale in California is to visit your city clerk’s office. You can do this in person or online.
The biggest restriction most cities/townships place on garage and yard sales is the number you can have during a given period. Pasadena is a city that has such a restriction. You’re allowed to sell your items via a yard or garage sale, but if you live in Pasadena, you can only have a maximum of four garage sales annually. One of the ways you can get around this is by connecting with a few neighbors or friends and having joint yard sales.
While the state of California doesn’t restrict your ability to have a yard or garage sale, they do have some rules about what you can sell during the event… or rather, what you’re not allowed to sell. Three specific things that are prohibited are:
- Alcohol
- Ammunition
- Firearms
Food sales are also heavily regulated.
Many cities have rules about selling certain chemicals, such as pool supplies, at yard sales. It’s also common for some items like hot tubs and large appliances aree banned by the city.
Summertime Pet Safety Tips
Summer is just around the corner. Before you know it, we’ll be wearing our favorite shorts and tank top combinations, spending long days at the beach, and making ice cream cones a part of our daily life. Summertime is the time when we strive to make great memories. Most of us want to include our pets in our summertime experiences, so now is the perfect time to review summertime pet safety tips.
Don’t Let Your Pet Overheat in Your Car
Pet owners’ biggest challenge during the summer is the desire to bring their pets everywhere. However, the fact that your dog loves to go for car rides can make it difficult to tell them they must stay home. The problem is that the temperature inside a parked car quickly climbs to deadly levels for a dog that can’t free themselves from the hot car. This is why if you’re out of the car and unable to bring your dog, you should leave them home.
Some people want to skirt the issue of having a dog in the car by leaving their car running so the air conditioning keeps the dog cool. The problem with this plan is that a running car is very tempting to car thieves who will quickly let your dog out (or take the dog if it’s friendly) and steal it.
If you know that you’ll have to leave your dog alone in your car during the summertime, the safest and kindest thing you can do is leave your pet at home.
Hot Concrete Leads to Severely Burned Paws
Every summer, veterinarians care for pets, especially dogs with badly burned paws. In many cases, the cause of the burns was walking on a hot sidewalk. Unfortunately, since dogs are stoic, the owners didn’t realize how hot the sidewalk was and how badly their dogs were hurt until the damage to their paws was extensive.
Before each walk, find a patch of sunlit sidewalk and hold the back of your hand to it. If you can’t keep your hand on the concrete for thirty seconds and remain comfortable, it’s too hot to walk your dog. Wait until the sun starts to set.
Encourage your dog to walk on the grass whenever possible.
Learn the Early Warning Signs of Heat Stroke in Your Pets
As a pet owner, it’s in your best interest to learn the early warning signs that your dog is potentially starting to suffer from heat stroke so that you can take preventative steps before the condition worsens.
Early warning signs include:
- Extremely heavy panting
- Heavy drooling
- They are restless
- Actively looking for shade and water
- They’re starting to vomit
- Their tongue and gums are turning bright red
- Their heart rate and respiration rate have climbed
As soon as you notice the early warning signs of heatstroke in your pet, you must get them out of the sun and into a cool or shaded area. Offer them small sips of water. Use cool, but not ice-cold water, to lower their temperature. Then, as soon as possible, take them to the vet for an exam.