Yes Verbal Abuse Is A Crime In California
by Gabriel QuinnanJan 8, 2019
Its very common for people to assume that domestic violence only includes actual physical harm to another person. But in California, domestic violence also includes verbal, emotional, and psychological abuse as well. Those charged with domestic violence may think that if there was no physical violence, their punishment will be less severe. This is not true.
The Forms Of Verbal Assault
For one, verbally threatening to kill someone is verbal assault. Verbally threatening to punch, kick, or harm someone is another. Shouting in a threatening manner could be enough for charges to stick.
Furthermore, the same is true for threatening someone with violence online, over the phone, via third-person, or any other electronic form.
Finally, it also can be a pantomime of someone acting in a suggestively violent way against another. Just physically gesturing that you will assault someone without actually touching them can be legally interpreted as verbal assault.
And the law does not recognize sarcasm or joking around when it comes to verbal assault. Joking around is no defense if someone feels so threatened that they call the police. You can still be criminally charged.
If you or someone you know has been charged with it, then the legal consequences if convicted can be dire. You need the help of a professional attorney.
Additional Workplace Violence Program Elements
In addition to the mandatory elements above, a workplace violence program could also include information to support compliance with requirements in the OHSA, such as:
- measures and procedures for assessing risks of workplace violence
- procedures for reviewing the workplace violence policy and maintaining the workplace violence program
- training plans.
A program could also include additional measures, procedures and processes, depending on the circumstances of a particular workplace.
For example, a program could include:
- posting of a
code of conduct
for anyone in the workplace, setting out expectations on behaviour in the workplace and consequences of violating those expectations - information about an Employee Assistance Program or a peer helper program and their role in workplace violence situations
- post-traumatic stress prevention and response procedures
- domestic or sexual violence response and support plans
- workplace violence awareness training
- regular monitoring of the workplace for violence issues.
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Where To Get Help
There are many different places where you can get help if you are being abused, or even if you aren’t sure if you are being abused.
Places include:
Contact A South Florida Divorce Attorney
The abuse associated with domestic violence often leads to a divorce. As Florida is a no-fault state, the only requirement needed to obtain a divorce is to allege that the marriage is irretrievably broken. A dissolution of marriage or divorce can encompass child custody issues as well as the division of marital assets and liabilities. You can also request that the other party pays your attorneys fees as part of your petition.
When you file a no-fault divorce you may also seek child custody or property division, a court might award you attorney fees. To get an award from the spouse, you need to show that your financial resources make it difficult for you to afford an attorney. Financial abuse can supply evidence of your lack of financial independence from the spouse and lack of ability to meet the attorney fees and expenses involved in a lawsuit.
Contact us today if you have suffered abuse, fear abusive behavior, or believe that you need to seek a divorce and protect your rights. We are always here for you, call our office at 786-558-4950 or complete our contact form.
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What About The Children If I Decide To Leave
If you leave an abusive situation, you can still apply for custody of your children.
If you think your children might be in danger, contact the police and ask them to escort you and your children to a shelter or a location where you will be safe. The place that you decide to go must be within the same province or territory in which you are living until custody is decided by a judge.
If you have time, before leaving your home, you should also speak with a lawyer about the best way to protect yourself and your children. A lawyer can help you apply to the court for a custody or parenting order*.
If you are worried about your children’s safety, your lawyer can ask the judge for an order that would allow your spouse to have only supervised visits with the children, or in very rare cases, no contact at all. The judge will base their decision on what is best for the children. Keep in mind that it is rare for a judge to order no contact between a child and a parent. The other parent will likely be able to visit the children but the judge may order supervised visits with another person present, such as a social worker. If your children will be visiting the other parent, you may want to arrange for someone else to be there for the pickups and returns to prevent any problems.
If you have a custody or parenting order, it is a good idea to keep a copy with you in case there is a problem. You can also give a copy to your children’s school or daycare.
What Is Spousal And Partner Abuse
Physical violence can involve a threat with a fist or object being pushed or shoved in a way that could result in injury being slapped, hit or beaten being hit or attacked with an object. There may be no obvious physical injuries, or there may be bruises, cuts, broken bones, internal injuries, disfigurement, disablement and even death.
Sexual assault may be part of a physical attack. Sexual acts within a marriage or intimate partnership must take place with consent. There is no right to sexual relations.
Emotional abuse can include threats and intimidation, demeaning and degrading verbal and body language, control and isolation, subordination and humiliation. Victims may suffer serious loss of self-esteem and experience feelings of shame, anxiety, hopelessness, depression and terror.
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Myths And Facts About Abuse
Unfortunately, guilt and shame often keeps victims in an abusive relationship it stops them from getting help from themselves.
Myth: I deserve it. I’m not a perfect person myself.
Fact: It is true maybe you aren’t a perfect person yourself, but there nothing you do deserves abuse.
Myth: If I stay, I can help him/her to work it out.
Fact: You are a partner, not a therapist. And the longer you stay in an abusive relationship, the less motivation the other person has to change. If you really want to change the abuser’s behaviours, then get out of the relationship.
Myth: We have to stay together for the kids.
Fact: If you really care about your kids, the best thing you can possibly do is get out of an abusive relationship. If you stay together in an abusive relationship, then you increase the chance that you or your kids will get seriously harmed at some point. Furthermore, your kids will only learn that abusive relationships are normal, which will make it more likely that your kids will have abusive relationships when they grow up. If your boys are watching their father be abusive, then it is more likely that they will grow up to be abusers. If your girls are watching their mother be abused, then it is more likely they will be abused when they grow up.
What Is A Temporary Restraining Order
A victim of domestic violence has the right to seek a Temporary Restraining Order , along with a criminal complaint.
A TRO is an order that is issued by a judge who is satisfied that demanding circumstances exist enough to excuse the failure of the victim to appear personally and that sufficient grounds for granting the temporary restraining order have been shown. To protect the victim from the defendant, the judge may grant within the temporary restraining order that the:
- The abuser is forbidden from returning to the scene of the Domestic Violence as well as other locations to be determined.
- The abuser is prohibited from future acts of Domestic Violence.
- The abuser is forbidden from possessing a firearm or weapons.
- The abuser is forbidden from having any communication or contact with the victim or the victims relatives in person, via the telephone, or in writing. This includes making or causing anyone else to do so, on the abusers behalf.
- The abuser is required to pay temporary child support to victim.
- The abuser is required to reimburse the victim for any medical expenses incurred due to injury caused by defendant.
- The victim is given exclusive possession of the residence.
- The victim is given temporary custody of the children.
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What Happens If I Report Emotional Abuse To The Police 38
500Decibels · 18/10/2014 15:38
I want dh to get some help, not get arrested. Every now and then he seems to lose the plot and become very verbally abusive. Swearing at me, swearing about the state of the house. He swears and belittles us. Afterwards, he’s embarrassed and ashamed and says he doesn’t know what comes over him but doesn’t go to seek help. If I called the pcso, what would happen? Ideally I’d like them to come and tell him that he’s abusive and to go seek counselling or medical help.
Northernparent68 · 18/10/2014 16:01
The police might arrest him for breach of the peace, but I’d be surprised if they told him to get counselling.Why can’t you tell him to get professional help ?
thenamehaschanged · 18/10/2014 16:04
Message withdrawn at poster’s request.
thenamehaschanged · 18/10/2014 16:06
He can be ordered to go on a perpetrators programme, but he woukd need to be arrested and a court would decide that.
WorraLiberty · 18/10/2014 16:13
The police can’t do anything about someone swearing at someone else in their own home, unless there are threats made .If you want him to get counselling or medical help, you would be better off trying to persuade him to do that.Explain exactly how he makes you feel every time he acts like that. Then if he doesnt’ want to do anything about it, you might need to review whether you really want to continue the relationship.
500Decibels · 18/10/2014 16:21
thenamehaschanged · 18/10/2014 16:30
thenamehaschanged · 18/10/2014 16:33
Domestic Violence Agency Contacts
The New Jersey State Police does not offer counseling services, however if you are experiencing abuse, please know there is help and that you are not alone. Every county throughout New Jersey has at least one domestic violence program providing a range of services to survivors of domestic violence and their children by trained and compassionate domestic violence advocates.
If you have experienced domestic violence and would like to speak with someone about it, you can call the 24-hour Statewide Domestic Violence Hotline: 1-800-572-SAFE or look below to contact your local domestic violence program.
Many services are free, confidential and provided regardless of gender identity, age, race, ethnicity, religious beliefs, ability level or immigration status.
by Gabriel QuinnanJan 8, 2019
Its very common for people to assume that domestic violence only includes actual physical harm to another person. But in California, domestic violence also includes verbal, emotional, and psychological abuse as well. Those charged with domestic violence may think that if there was no physical violence, their punishment will be less severe. This is not true.
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Lets Examine Several Perspectives To Figure Out What The Safest Course Of Action Could Be To Help Support A Person That Youre Concerned About
Before calling the police, consider these key points:
Have they safety planned with you?
If a person experiencing abuse has not created a safety plan with you about when to contact police on their behalf, doing so without the persons consent can limit their opportunities to make choices based on what they personally know to be most beneficial to support their safety and well-being.
The person experiencing abuse may not be in a place to speak honestly with law enforcement about the abuse.
If law enforcement does show up, it might be safest for the person being abused to deny or downplay the abuse, particularly if the abusive individual is present.
Having police involved could upset the abusive partner.
When the police leave, the abuser might harm their partner more because police were involved.
The police might not believe that abuse is happening.
Its common that the abusive partner will lie or manipulate the situation to the police to get them to go away.
The abusive partner might have connections to the police department.
This can create a very difficult situation for the victim because the abusive partner is in a position of power outside of the relationship.
If the victim is in an LGBTQ+ relationship, the police might hold the common belief that abuse isnt possible in these types of relationships.
Learn more about LGBTQ+ abuse here.
What Is Verbal Harassment Vs Verbal Abuse
The distinction between verbal harassment and verbal abuse can be confusing, as there is no legal difference between verbal harassment and verbal abuse. Harassment, as a noun, describes the attack itself. Abuse refers to the improper use or treatment of something. If someone says to you, âIs it OK for you to admit youâre a Muslim?â the statement itself is harassment, but the abuse refers to how âMuslimâ is used negatively in this context.
In most instances, verbal harassment and verbal abuse can be used interchangeably. The more proper term to use, however, is verbal harassment, which encompasses verbal abuse.
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What Are Examples Of Verbal Abuse By Police
Verbal abuse is when police officers call a suspect offensive slurs or names. This most often includes verbal attacks regarding a persons racial identity, ethnic identity, gender identity, religious affiliation, or sexual orientation. It is not usually acceptable for a police officer to commit verbal abuse, as it is not helpful in any way and can even further escalate the situation. It is true that words cannot physically harm a person, but they can very easily cause mental trauma. Anyone concerned about verbal abuse from a police officer can contact a Baltimore Maryland civil rights defense attorney.
What To Do If Verbal Abuse Doesn’t Stop
In a perfect world, the act of letting someone know their behavior is hurtful to you would be enough to make it stop for good. Unfortunately, this often isn’t the case.
Verbal abuse may continue even if you call it out, remain calm, request it not happen, and set and enforce boundaries around it. Here are your options for what to do in that case.
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Investigating Incidents And Complaints
In order to protect a worker from workplace harassment, employers must ensure that an investigation is conducted into incidents and complaints that is appropriate in the circumstances .
The intent is that an employer should deal with workplace harassment, whether someone has formally made a complaint or the employer is otherwise aware of incidents .
Depending on the circumstances of the incident or complaint, a workplace harassment investigation could be carried out by:
- someone in the workplace
- someone in the organization
- someone associated with the workplace or organization or
- someone from outside the workplace or organization .
The person who investigates should not be involved in the incident, and should not be under the direct control of the alleged harasser.
There is no requirement under the OHSA for the person who conducts the workplace harassment investigation to have a license. However, a person whose work primarily consists of conducting investigations into the character or actions of a person may be required to have licence under the . For further information, visit the Ministry of Community Safety and Correctional Services‘ website.
Any report created in the course of or for the purposes of the investigation is not considered to be an occupational health and safety report that must be shared with the joint health and safety committee or health and safety representative .
What is an appropriate investigation?
For example, a worker may:
Expect Your Child To Be Angry If You Call The Police
Expect your child to be angry if you call the police. Hell say, You stabbed me in the back. Hes going to feel a sense of betrayal. Hell play the victim.
Dont waver. This is just what abusive people do when you stand up to them. I think when things are going well, you want to say:
If you make different choices, we never have to call the police again. But if you assault somebody, if you break peoples stuff, if you bring drugs into the house, if we feel intimidated by you, or if Im afraid somebodys going to get hurt, Im calling the police. And I just want you to know that.
What your child will learn to say is, So what, they wont do anything anyway.
But then just say:
That may be, but Im still going to keep calling them.
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