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San Jose CA domestic violence charges restraining orderWhen it comes to crimes such as sexual misconduct or domestic abuse, the laws are often protective of the victim, because of the serious nature of the crimes. This means that the accused are often harshly punished -- even if they did not actually commit the crime. There are many avenues a person can take if they would like to press charges relating to domestic violence, but one of the most common things you can expect to get out of a domestic violence accusation is a domestic violence restraining order. These orders can be highly restrictive on the person accused of domestic violence.

What is Domestic Violence?

The state of California defines domestic violence as abuse or threats of abuse that occur between two people who are or have been in an intimate relationship. Abuse is a broad term, but California law includes:

  • Physically hurting someone;
  • Sexual assault;
  • Making someone reasonably believe they will be hurt;
  • Harassment;
  • Stalking; or
  • Disturbing someone’s peace.
  • For the situation to be considered domestic violence, you must be in an “intimate relationship” with the other person involved. This can include relationships such as:
  • Married or domestic partners;
  • Dating or previously dated;
  • Living together or used to live together; or
  • Two people with a child in common.

What a Domestic Violence Restraining Order Can and Cannot Do

Because a restraining order is a court order, there are certain things that it can require or prohibit you from doing. A domestic violence restraining order can:

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domestic violence charges, restraining order, San Jose spousal abuse defense lawyers, committing domestic violence, domestic violence arrestIf you have been accused of committing an act of domestic violence in California, then you need to take that accusation extremely seriously, even if you are innocent. In an effort to cut down on instances of spousal and child abuse the state of California has decided to take all allegations of domestic abuse extremely seriously.

For example, did you know that when the police are called in response to an alleged domestic violence incident in California, their guidelines for law enforcement state that they should arrest the dominant aggressor if there is reasonable or probable cause that an act of domestic violence has been committed? This law is in place to protect domestic violence victims and to help defuse dangerous situations, which it does. However, it also leads to a lot of domestic violence arrests—some of which are based on little more than he said/she said.

Because the state of California takes accusations of domestic violence so seriously, it is important that those accused of engaging in domestic violence follow the tips provided below in order to best protect their interests.

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