California Domestic Violence Law | PC 273.5
California Domestic Violence Law | PC 273.5
California Domestic Violence Law | PC 273.5 Before we dive into the specifics of 273.5, it is important to understand what domestic violence is. Domestic violence refers to any type of violent or abusive behavior within a household or intimate relationship. This can include past and present roommates as well as intimate partners. Finally, this can include physical, emotional, sexual, or financial abuse. Choosing Wallin & Klarich to represent your…
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Domestic Violence Restraining Orders: The Importance of Safety
The Importance of Safety with Domestic Violence Restraining Orders Domestic violence is a serious issue that affects millions of people every year. It is defined as any type of physical, emotional, or psychological abuse that occurs between two individuals in a domestic setting, such as a romantic relationship, cohabitation, or family ties. In the United States, each state has its own laws and procedures for addressing domestic violence. In the…
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What Is “Corporal Injury”? Everything You Need To Know
Everything You Need To Know About Corporal Injury Being charged with corporal injury in California can have serious consequences for an individual's future. In California, the crime of corporal injury is defined as any willful and unlawful use of force or violence against another person that results in a traumatic condition. Depending on the specifics of the offense, someone could be charged with either a misdemeanor or a felony. A…
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Why You Should Have an Attorney File for a Domestic Violence Restraining Order
In California, if you are threatened or abused by someone with whom you have a close personal relationship, you can seek the help of the court in keeping that person away from you. The tool used to keep that person away from you is called a Domestic Violence Restraining Order (DVRO), and it can be a very effective way to separate yourself from the person who is dangerous to you…
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Domestic Violence Convictions Take Away Your Right to Bear Arms
The Second Amendment to the United States Constitution protects your right to keep and bear a firearm. However, under a new law that took effect on January 1, 2019, a conviction for domestic violence in California strips you of this right unless, under limited circumstances, you are pardoned or have your conviction expunged. A Change to PC § 273.5 - Corporal Injury on a Spouse/Cohabitant In September 2018, then-Governor Jerry…
Read MoreWhat Is A Restraining Order? What Steps Will My Attorney Take On My Behalf To Attempt To Have A Restraining Order Granted?
What Is A Restraining Order? What Steps Will My Attorney Take On My Behalf To Attempt To Have A Restraining Order Granted? ________________________________ Domestic violence is a serious issue that affects individuals, families, and communities across the world. It is defined as abuse or threats of abuse between people who have an intimate relationship - whether married or not, dating, living together, or have children together. In Southern California, domestic…
Read MoreHow Can Restraining Orders Affect Spousal Support?
Domestic violence is a common issue that arises during divorce. Oftentimes, a criminal investigation must take place in order to prove that the alleged domestic violence actually occurred. This typically slows down family law proceedings. For example, what happens when one party during a divorce cannot afford to move away from his/her former spouse and into a safe environment, but cannot attain spousal support due to the ongoing criminal investigation…
Read MoreWhat to Do if a Domestic Violence Restraining Order is Filed Against You
What is a Domestic Violence Restraining Order? A domestic violence restraining order, also known as a “DVRO” for short, is an order issued by the Court to protect people if there are allegations of abuse or threats of abuse that have been raised. A DVRO is a very serious matter, and can have a negative impact on your life. For example, the DVRO can be used to make the following…
Read MoreCourt Grants Restraining Order Under the Domestic Violence Prevention Act for Husband’s Public Disclosure of his Former Wife’s Private Emails
In In Re Marriage of Nadkarni, 2009 DJDAR 7158, the court found that the Husband’s accessing his former wife’s private email account constituted abuse under the domestic violence prevention act. An application for a restraining order must allege “abuse” under the Domestic Violence Prevention Act. California Family Code Section 6320 states that “disturbing the peace of the other party” falls within the meaning of “abuse.” In this case the former…
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