Reporting Domestic Violence To Law Enforcement
If you or someone you know is experiencing domestic violence, police intervention can be life-saving and may be part of your safety plan. The following information may assist you in feeling prepared whether you choose to call 911 or if police are summoned by someone else. You know your situation best these tips are not meant to apply to every situation, rather offer helpful information to consider. Tips and considerations for talking with responding officers:
Mandatory Arrest
Contesting Or Responding To A Request To Renew A Restraining Order
The protected person can make a request to the court to extend a restraining order prior to the time in which it expires. You can agree or disagree with the request by filling out and filing with the court a form called Response to Request to Renew Restraining Order .
Have someone at least 18 years old serve the protected person by mail with a copy of the Response. They must complete a Proof of Service by Mail . Bring this form with you to the hearing.
The court will consider your Response at the hearing. You must continue to obey the current restraining order until the hearing. If you do not come to the hearing, the court may renew the order against you for up to 5 years or permanently.
You may wish to talk to a lawyer about your rights.
How Do I Get The 209a Protective Order Ended
If you want to end your 209A protective order, you can ask the court to end it. This is called getting the order “terminated.” You might want to do this if you have gotten back together with the other person. Sometimes people get orders terminated because they feel the order has put them in more danger.
You can get the order terminated any day during the court’s regular business hours. Go to the court that gave you the order. Tell the clerk that you want to ask the judge to terminate the 209A protective order. Use the Plaintiff’s Motion to Modify or Terminate Abuse Prevention Order form. Check the box on the form saying that you want the 209A order to be terminated. Write the reasons you want terminate the order.
You may want to keep the order but ask that certain parts of it be dropped. You can ask that the stay away and no contact parts of the order be dropped, but still keep the parts of the order that say the other person can’t abuse you. This way, even if you get back together or you want to be able to talk to the other person, they will still know that they can be arrested and go to jail if they hurt or threaten you.
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Contesting Or Responding To A Request For A Restraining Order
TEMPORARY RESTRAINING ORDER:
The person requesting the restraining order, called the protected person, can ask the judge to immediately issue a Temporary Restraining Order that lasts until the hearing date. If you receive notice from the protected person, usually a phone call, advising you that someone is requesting a Temporary Restraining Order, you have the right to appear before the judge to object to it. In some cases, a person may request a Temporary Restraining Order without letting you know if that person is fearful of contacting you.
HOW TO FILE A RESPONSE:
After the protected person files the papers with the court, a hearing date will be set. You must be served with a copy of the papers. Read them carefully. If a Temporary Restraining Order was granted, you must obey the temporary orders of the court.
This may include:
- Complete the Response to Request for Domestic Violence Restraining Order and file it with the court as soon as possible.
- Have someone at least 18 years old serve the protected person by mail with a copy of the Response. They must complete a Proof of Service by Mail . Bring the completed Proof of Service by Mail form with you to the hearing.
- Attend the hearing and testify on some or all of issues. If you do not, the judge can make permanent orders against you. For more information, read Get Ready for the Court Hearing .
You may receive assistance at any of the Self-Help Centers.
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Can I Cancel The Restraining Order
Only a judge can change or cancel a restraining order before its time limit has passed. If you wish to make this request, you will need to fill out a Request for Dismissal and file it with the court. A hearing may be required. If a hearing is required to modify or terminate the restraining order, you will need to complete, file and serve a Request for Order to Modify/ Terminate Domestic Violence Restraining Order
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My Wife Wants To Drop The Charges
On approximately 75% of the domestic violence cases that I handle , my clients inform me that their wives/girlfriends/babys moms want to drop the charges. Unfortunately, the District Attorneys Office will not play along. In fact, on certain cases, the D.A.s Office actually will attempt to win a trial without the star witness ever coming to court. This is how crazy domestic violence cases have become in the New Yorkmetropolitan area in the early part of the 21st Century.
Domestic Violence 911 Calls
Most domestic violence cases involving the report of family violence between a couple originate with a 911 call from the person who is alleging an assault, battery or stalking incident. The 911 call is always tape recorded. The complaining witness knows they have an open telephone call to the police, while the person who may be subsequently arrested and accused of domestic battery probably does not know that a telephone call has been made to the police.
The recording of the 911 call will typically be played in court before the jury to prejudice the person accused of violence in the home. The 911 call may also be played to a California Superior Court Judge who may make a decision about whether to issue aprotective order, such as a domestic violence restraining order.
The police will come to the address of the call if the 911 call is not completed, or if either the person who called hung up or another person hangs up the phone. The police will also come to the home if one or both of the person’s involved try to cancel the police resonse. Law enforcement agencies have a particular protocol for handling 911 calls which are not completed which they call a well being check.
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Filing For A Domestic Violence Protective Order
Who can file for a DVPO?
Anyone living in North Carolina, regardless of citizenship or immigration status, can file for a DVPO.
What type of relationship do I need to have with the perpetrator to file for a DVPO?
You can file for a DVPO against anyone with whom you have one of the following relationships: spouse or ex-spouse a person who currently or previously lived with you or in the same household as you a person with whom you have a child a person of the opposite sex with whom you have had a dating relationship or a parent, child, grandparent, or grandchild.
What if I dont have a qualifying relationship with the perpetrator?
If you are a victim of sexual assault or stalking and do not have a relationship qualifying for a DVPO, you can file for a no-contact order, often called a 50C order, against the perpetrator. The process for getting a 50C order is similar to the process for getting a DVPO. The main difference between the two orders is that the police will not arrest a defendant for violating a 50C order. Instead, 50C orders can be enforced by the judge holding the defendant in contempt of court. You can get the form needed to file for a 50C order from the clerk of court in your county or online here.
What kinds of domestic violence qualify for a DVPO?
How do I file for a DVPO?
Is there any charge to file for a DVPO?
Reasons To Drop A Domestic Violence Charge May Be Dropped
The only person capable of dropping domestic violence charges in California is the state prosecutor working on the case. Prosecutors investigate criminal cases and allegations brought to their attention and represent the victim in court. They seek a course of action that provides justice for the victim and that has the best outcome for the state. As such, prosecutors will only drop the charges of a domestic violence offense if there is a lack of evidence or enough doubt cast on the victims allegations. Here are the five main reasons why this could happen.
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What A Restraining Order Cannot Do
A restraining order cannot:
- End your marriage or domestic partnership. It is NOT a divorce.
- Establish parentage of your children with the restrained person UNLESS you and the restrained person agree to parentage of your child or children and agree to the court entering a judgment about parentage. Read and use Agreement and Judgment of Parentage to do this.
Read the section Divorce and Legal Separation for information on getting divorced or legally separated.
Read the section Parentage for information on parentage when the parents of a child are not married and are not domestic partners.
Trying To Drop A Domestic Violence Charge Get In Touch With A Lawyer
Dropping a domestic violence charge may be unlikely, but there may be other things you can do to protect yourself and your children. If you want to know more about your options when domestic violence charges are issued, you should contact a local family law attorney today.
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How Will A Restraining Order Help Me
The court can order a restrained person:
- Not to contact or go near you, your children, other relatives, or others who live with you
- Not to have a gun or ammunition
- To Move out of your house
- Obey child custody and visitation orders
- Pay child and/or spousal support
- Obey orders about property
Violation of a restraining order is a crime.
Domestic Violence Arrest Policies And Jail Holds
Some states’ laws require police to arrest an alleged abuser and bring them to jail. These mandatory arrest policies and minimum jail holds kick in when police officers have probable cause to believe a suspect committed domestic violence. Even if state law doesn’t have mandatory arrest policies, the responding police department might. Other jurisdictions have moved to pro-arrest policies that make arrests in domestic violence calls the preferred response, but not mandatory.
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Is It Too Late For You To Press Charges
It is never too late to report a domestic abuse case. However, the chances of officials filing for it reduce day by day. It is better to immediately visit your local police station and then they will tell you what to do.
It is always better to file a police report as early as possible. This is because the more you delay it, the wounds start to heal and the proof gets lost. Regardless of this, the police will listen to you and may even file a report. Moreover, unless you do not file a report, the court will not be able to press any charges. Therefore, you must report the incident to the police.
You should give all the details to the police regarding where and when the violence took place. Moreover, you should also take pictures of your wounds and injuries as proof of the violence you were subject to.
Considerations For Victims Of Domestic Violence
The following should be taken into consideration if you are experiencing instances of domestic violence:
- File a report and get a case number. A detective will contact you about the case.
- Should you choose to remain in your present situation, your safety is extremely important. Consider keeping an emergency bag packed with clothing, money, emergency phone numbers and toys for children.
- Many batterers, unless held accountable, will batter again! We recommend obtaining a restraining order. A temporary restraining order will be granted for a period of ten days. If the order is granted by the Family Court Judge, it is recommended that you give a copy of the restraining order to the Marshal, so that the offender can be served. Both you, and the offender will be ordered to return in ten days, so it can be finalized for a period of THREE YEARS.
- Make copies of the restraining order, so you, family members, friends, neighbors, school officials and your employer can be aware of the situation. If you have the restraining order BEFORE you call the police, give a copy to the officer.
- Keep a record of all violations of the terms of the restraining order. Keep it in a secure place. Report all violations to the detective in charge of your case.
- Change your home locks.
- Consider getting a dog.
- Get a new phone number. Tell your family and friends not to give out the number to anyone else.
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What Do Police Do When There Is A Complaint Of Domestic Violence
Police officers often have limited discretion when they are deciding whether to lay charges. Many police services have formal or informal policies that require charges to be laid whenever a family member tells the police that they have been assaulted by another family member. As a result, when there is an allegation of domestic violence, the accused person will usually be arrested by police, and will usually be charged.
Although the police may ask the family member whether they are interested in proceeding with charges, ultimately, it is not the family members decision whether charges are laid. It is up to the police whether the person is charged, and it is up to the Crown prosecutor whether the charges proceed in court. The police can lay charges even if the family member does not want charges to be filed.
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Reporting Family Violence Or Sexual Offences Perpetrated By A Victoria Police Employee
If anyone is in danger, a crime is currently occurring, or you need immediate attendance, please call .
If you are a victim survivor of family violence perpetrated by a Victoria Police employee, and there is no immediate danger:
- make a report via our Reporting family violence or sexual offences perpetrated by a Victoria Police employee page
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Experienced Domestic Violence Lawyer
The stakes are high in a California domestic violence case. A criminal conviction for domestic battery or criminal threats in California may result in jail, large fines, mandatory domestic violence counseling sessions which meet two hours weekly for a minimum of one year, mandatory alcohol education classes, personal conduct orders,stay away orders, temporary restraining orders, and other punishment as provided byPenal Code section 1203.097. For that reason, it is critical that that a person charged with domestic assault, domestic battery, criminal threats or stalking have only a qualified domestic violence defense lawyer to handle the case from the earliest possible moment.
Robert Tayac is recognized as being among the top domestic violence lawyers in California and represents clients in criminal cases related to domestic violence, assault and battery, and applications for and responses to restraining orders. Attorneys, investigators and experts working with this highly specialized law office represent clients in the Northern California criminal courts located in San Francisco, San Mateo Marin, Alameda, Santa Clara, Contra Costa, Sonoma and Napa counties.
Pressing Charges What Does It Mean
It is often misrepresented that an individual can press charges against the abuser. You must know that only the state or the government dealing with the case can press charges against the harasser.
In case of domestic violence, the police usually ask the victim if they want to press charges which gives a sense of authority to the victim. However, the final decision is held by the state. This question is usually only asked so that the police can gouge out your stance in case any charges were to be pressed against the perpetrator. By and large, regardless of whether a casualty requests that the examiner drop the charges, or even abnegates their announcement, it may not affect an investigators choice to continue
Even if you ask for the charges to be dropped, it will make no difference once the state decides that charges need to be pressed against the abuser.
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