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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:

...

San Jose domestic abuse defense attorneys, violent crimes, threatening your spouse, domestic violence, spousal abuseRegrettably, fights between spouses or those who live in the same residence can get out of hand, resulting in threats and acts of physical violence. In these situations, depending on the circumstances and statements from those at the scene, you could find yourself facing potentially serious penalties under California domestic violence laws. At Jachimowicz Law Group, we provide a strong legal defense when you are accused of these types of violent crimes. Known as wobblers, these can be charged as either a felony or misdemeanor and involve potentially heavy fines and lengthy jail sentence, even if the altercation involved threats, and no physical act of violence ever occurred.

Domestic Violence in California

The California Courts advise that domestic violence is that which occurs between married couples and intimate parties who are dating, either currently or previously resided in the same home, or have a child together. In can also occur among other family members, related either by blood or marriage. Abuse involves more than just hitting, punching, or otherwise physically attacking your partner. It may include:

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