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.
The Most Common Crimes in California
There are some crimes that the California court system deals with more than others.
DUIs
It doesn’t seem to matter how often drivers are warned about the dangers of drinking and driving, people are still doing just that. Every single day, someone in California gets caught driving after they’ve had too much to drink.
This is a fairly simple crime to avoid. If you want to drink, either make sure you have a reliable designated driver, are prepared to call for a ride home, or give yourself plenty of time to sober up before you get behind the wheel. If none of these things are possible, either stay home and drink or stick to non-alcoholic beverages while you’re out on the town.
Drug Related Crimes
Like most states, there is a serious drug problem in California. While California is often praised for being progressive about both drug laws and drug treatments, there is no getting around the fact that drug crimes are still abundant in the state. The number of fatalities connected to drug use has been steadily climbing. In 2000 there were only 500 deaths in California were attributed to drug use. That number climbed to about 2,200 in 2019.
Drugs commonly linked to drug-related crimes in California include:
- Cocaine
- Opioids
- Meth
- Heroin
Theft
Many cases involving theft make their way through the California court system every single year. Many people don’t even realize how many different types of theft occur in the state during a year. When the average person hears about theft, they usually think about breaking and entering and shoplifting. The truth is that there are numerous different ways you can be charged with theft.
Different types of theft charges in California include:
- Breaking and Entering
- Fraud
- Car theft
- Embezzlement
- Shoplifting
- Robbery
- Petty theft
- Grand theft
Assault
It is rare for 24 hours to pass without at least one person in most of California’s cities getting charged with some type of assault. The circumstances surrounding the incident determine how serious the assault charges are. In some cases, the charge is a simple assault which is something that generally happens when a conversation gets heated and punches are thrown. Simple assault is typically a misdemeanor.
The opposite end of the scale is aggravated assault which generally involves the use of some type of weapon and someone getting seriously hurt.
Early Warning Signs that Your Partner is Dangerous
One of the things many domestic abuse victims say is that they never thought that it could happen to them. Another comment is that they simply didn’t recognize the early warning signs.
The truth of the matter is that many people don’t know that most relationships have red flags that could serve as important signs that it’s time to get out of the relationship before your partner becomes dangerous. Heeding these early red flags and removing yourself from the relationship early is the best way to preserve your mental and physical health.
Frequent Bursts of Aggressive Behavior
If your partner frequently succumbs to bursts of aggression, particularly if it’s aimed towards you, a pet, or others, treat it as a red flag. Yes, everyone has bad days. Yes, everyone does get angry from time to time, but when that aggression causes a person to punch holes in a wall, kick a dog, make a threat, or grab you, your partner hasn’t learned how to properly manage their anger.
Possessiveness
The fact that your significant other gets jealous when others are around you might seem cute at first. It might even make you feel more loved, but possessiveness can go to far. Signs that your significant other’s jealousy is becoming dangerously possessive include that they think you’re deliberately trying to make them jealous, that the jealously leads to physical and verbal aggression, that they are actively trying to cut you off from your friends and family.
Many abusers demonstrate possessive behavior early in the relationship. In many cases, it’s the first red flag that the relationship will take a dangerous turn. Take the early signs of a possessive nature as an early indicator that you should end the relationship sooner rather than later.
Manipulation
One of the hardest red flags to catch is manipulation. Many abusers are geniuses when it comes to manipulation. They are so good that it can be difficult to realize that you’re being manipulated. If you frequently find yourself doing things you wouldn’t normally want to do, or if you notice that your partner constantly uses emotions, particularly guilt, to change your mind about situations, people you like, and attending events, they’re a manipulator and you should proceed with care.
Pay Attention to How Friends and Family Feel About Your Partner
The odds are good that the people who truly love you the most will be the first to notice that something simply isn’t right about your significant other. If they say that you’re changing, or that they have a bad feeling about your partner, ask them to clarify. While it’s okay for one or two friends to simply not like your new partner, if everyone mentions the same red flags, or if it’s someone who is usually an excellent judge of character, give yourself some time and space to evaluate your relationship and determine if your friends and family are right and that your partner isn’t actually as perfect as you think.
Most people automatically assume that domestic abuse situations always involve an abusive male and a female victim. The truth is that women can be as abusive as men, which is why everyone needs to be mindful of red flags when they are involved in a relationship.
Different Types of Domestic Violence
Most of us are familiar with the concept of domestic violence. What many of us don’t realize is that there is different types of domestic violence charges.
There is both misdemeanor and felony domestic violence. The exact circumstances surrounding the domestic violence incident determine which of those charges you face.
When the prosecutor is trying to decide if a specific case represents felony or misdemeanor domestic violence there are a few factors they consider. These factors include:
- The circumstances surrounding the incident
- How serious the victim’s injuries were
- Criminal history
It’s also possible that witness statements and medical records will play a role in determining how the charges will be handled.
In misdemeanor cases, a guilty verdict can result in a maximum sentence of 12 months in jail as well as possible fines. In felony domestic abuse cases the sentence can be 2,3, or 4 years in a state prison, mandatory counseling, a fine that could be as high as $6,000.
Felony domestic violence is a crime that often has sentencing enhancement added. The circumstances surrounding the case will often determine if the enhancements are added. If the newly convicted person already had a record that includes previous domestic violence convictions that occurred within the last seven years an additional $10,000 in fines as well as 2,4, or 5 years can be attached to the sentence.
If the domestic violence incident that’s currently on the table involved a great bodily injury, the judge has the option of using a sentence enhancement that adds 3,4, or 5 years to the sentence.
A single domestic violence charge can have a massive negative impact on your life. It can cause loved ones to turn their back on you, hurt your chances of securing houses, and make it significantly more difficult to find a romantic partner. The best way to prevent a domestic violence conviction from ruining your life is thinking before you act and removing yourself from the situation when you feel that you’re losing your temper.