17 April 2013 0 Comments

Domestic Violence: Legal Remedies to Promote Your Safety

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At Holstrom, Sissung, Marks & Anderson, we take the issue of domestic violence very seriously. Our lawyers offer a full range of services, including filing for immediate temporary restraining orders and working with authorities to enforce police protective orders. More to the point, they can start working to protect you and your children today. Below is a list of legal remedies you can employ to promote your safety and the safety of your family:

Call the Police – When the police arrive, be sure to tell them what happened and show them any injuries (bruises, scrapes, etc.). If you are afraid to show them in front of the person who assaulted you, tell the officer. Make sure to show the polices bruises, etc. on your body under your clothes (stomach, thigh, chest). If you have no injuries, and the abuser is still present, you may still be able to make a private person’s arrest. If bruises show up later, go back to the police department and make sure they take photographs.

Emergency Protective Order- available at any time

This is an order which is issued by a judge at a police officer’s request. The officer may request the order if s/he believes one or both of the following: (1) you are in immediate and present danger of domestic violence, based on your allegation of a recent incident of abuse or threat by the person against whom the order is sought; and/or (2) a child is in immediate and present danger of abuse by a family or household member, based on an allegation of a recent incident of abuse or threat of abuse. It is only valid for 5 court days or 7 calendar days, giving you time to get to court and apply for a Temporary Restraining order.

Temporary Restraining Order- When there has been physical or emotional abuse, threats, stalking, harassment, or other acts of violence, you may apply to the Court for a temporary restraining order. There is no fee for filing the order, it is free.

Typical restraining orders require that the abuser must do one or more of the following:

  • stop telephoning, striking, harassing or otherwise bothering you, either at your home, your work, or wherever you are;

  • stay a certain distance away (usually 100 yards) from you, your family, your workplace, your children’s school or daycare, your car, etc;

  • leave your residence where he or she was living with you (residence exclusion);

  • comply with certain custody and visitation schedules for children of the relationship

Private Person’s Arrest

If a police officer at the scene does not make an arrest, you have the right to make a private person’s arrest under certain conditions. If the abuser has left the scene, you may still ask to file a report.

Civil Standby

A civil standby is a service provided by the police department where the police will, upon request, come to a specified address to “standby to keep the peace”. This is often a low-priority call and the officer will only remain at the premises for a limited time (at the officer’s discretion).

Our attorneys are committed to aggressively protecting our clients and their children from domestic abuse and to handling every case with dignity, respect, and complete confidentiality.

For a free telephone consultation — call any of our three Southern California office locations directly or contact us online.

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