Domestic violence

[bigkarch]

get a lot of questions about family law and especially domestic voilence...here is some basic info for you...any further questions hit me up at my PM or email..




Suggestions to help you stop domestic violence.
If I leave, how can I make sure the abuser won't come near me again?
The most powerful legal tool for stopping domestic violence is the temporary restraining order (TRO). A TRO is a decree issued by a court that requires the perpetrator to stop abusing you. The order may require, for example, that the perpetrator stay away from the family home, where you work or go to school, your children's school and other places you frequent (such as a particular church). The order will also prohibit further acts of violence.

Many states make it relatively easy for you to obtain a TRO. In New York, California and some other states, for example, the court clerk will hand you a packet of forms and will even help you fill them out. In other areas, nonlawyers may be available to help you complete the forms. When you've completed your forms, you'll go before a judge to show evidence of the abuse, such as hospital or police records. Judges are often available to issue TROs after normal business hours because violence certainly occurs outside the hours of 9 a.m. to 5 p.m.

The most powerful order is an emergency protective order offered by all 50 states and is available anytime anywhere by Le given they call a on call judge that all states and counties must have....more info below..

Finding a Safe Place
Many communities have temporary homes called battered women's shelters, where women and their children who are victims of domestic violence may stay until the crisis passes or until they are able to find a permanent place to relocate. The best way to find these shelters is to consult the local police, welfare department, neighborhood resource center or women's center. You can also look in your phone book under Crisis Intervention Services, Human Service Organizations, Social Service Organizations, Family Services, Shelters or Women's Organizations. In some states, the police are required to provide an apparent battering victim a list of referrals for emergency housing, legal services and counseling services.

If you're having trouble finding resources in your area, you can contact the National Coalition Against Domestic Violence (NCADV), 303-839-1852, www.ncadv.org. NCADV provides information and referrals for abused women and their children; they may know of assistance programs near you. Or you can contact the National Domestic Violence Hotline, 800-799-SAFE (7233), www.ndvh.org.

[bigkarch]

Contact your local police department. In all communities, the police can issue something called an emergency protective order, (EPO) when court is out of session or even in session. An emergency protective order usually lasts for five days or seven calender days...the judge is liberal on these orders, and can stipulate the aggressor or violent offender to vacate the house, give custody of any children to the victim, have a no contact order, including no messages, calls, texts, emails and third parties messages....but after the order expires, you will need to go to court to obtain a TRO.

How can I help my domestic violence case?
Many people go to court on their own to obtain a restraining order. Some people go the very first time they are abused, while others wait until they can't live with it any longer -- sometimes for many years. What some fail to understand is that, despite the social awareness and sympathy surrounding domestic violence, the decision to grant a restraining order is based on law and legal process. Because of this, there are steps you can take to increase your chances of succeeding in court.

Police Reports. You should call the police if you feel threatened or have been a victim of violence. This is important for your physical safety, but it will also help your case in court. The police must file a report documenting the incident whether you seek a restraining order or not. If you go to court for that particular episode or a future one, you get a copy of the report from the police station and take it to court.

Photographs. Whether or not the police take pictures of any injuries, you should have a friend or family member do the same. (Police photos don't always make their way from the police file to the judge's courtroom in time for a restraining order hearing.) Ask your friend to take approximately ten pictures -- and be sure that she or he photographs your injuries from different angles, using both outdoor and indoor light. It's also important to photograph any property damage. Take pictures, for example, of any broken furniture, unhinged doors or holes in walls that resulted from the violence.

[bigkarch]

Whenever you go to court, it's important to keep your emotions in check. The bottom line is that, if you can't testify coherently, the judge won't be able to rule in your favor. Most judges don't respond well to tears, jealousy or anger despite the fact that you may at times feel overwhelmed by such emotions. Do your best to stay calm and state the facts slowly and clearly. If possible, take some time to prepare before you go to court. Write out what you want to say in brief words (like a cheat sheet) using subject headings so you'll remember what's most important. You may even want to practice your statement in front of a trusted friend.

The following suggestions may sound simplistic, but when you're facing a judge, they may make the difference between a successful verdict and dashed hopes.

Dress as if you were going to a job interview. If this isn't an option for you, just be as neat and well-groomed as possible.
Don't ever interrupt the judge while she is speaking. This is the golden rule. No matter what she's saying, wait until she's through. Interrupting or arguing is a surefire way to prejudice that judge against you. When she's finished, you should politely ask permission to speak.
Don't interrupt the opposing party. No matter what verbal concoction your opponent is spewing, he or she has the right to speak freely. Know that you will get your chance to explain or deny what's been said.
Don't make faces of disgust or shake your head in disbelief during the proceedings. Also, try not to jump up and down if the judge decides in your favor. Very rarely does the decision rendered please everyone. It's best to adopt a professional demeanor and save the anger or celebration for private moments.
_________________

[bigkarch]

What should I do once I have a TRO?
Register it with the police located in the communities in which the abuser has been ordered to stay away from you -- where you live, work, attend school or church and where you children go to school. Call the appropriate police stations for information about how to register your order.

What if the abuse continues even if I have a TRO?
Obviously, a piece of paper cannot stop an enraged spouse or lover from acting violent, although many times it is all the deterrent the person needs.

If the violence continues, contact the police. They can take immediate action and are far more willing to intervene when you have a TRO than when you don't. Of course, if you don't have a TRO or it has expired, you should also call the police -- in all states, domestic violence is a crime and you don't have to have a TRO for the police to investigate.

The police should respond to your call by sending out officers. In the past, police officers were reluctant to arrest abusers, but this has changed in many communities where victims' support groups have worked with police departments to increase the number of arrests. You can press criminal charges at the police department, and ask for criminal prosecution. Documentation is crucial if you want to go this route. Be sure to insist that the officer responding to your call makes an official report. Also, get the report's prospective number before the officer leaves the premises.

If you do press charges, keep in mind that only the district attorney decides whether or not to prosecute. If you don't press charges, however, the chance is extremely low that the district attorney will pursue the matter.

[Tommy Nitro]

the chance is extremely low that the district attorney will pursue the matter.[/quote]

I want people to know this is my option having been personally touched by this subject
This is not true the D.A. can and most likely will press charges without the victim having any say so. (exceptions my be very large county's with high crime and a mostly poor population with a over whelmed court system where this law is most likely need the most). But if you don't live here then all this is revenue for the county. The county makes money from fines and the mandatory classes the convected person will have to pay. The classes which are mostly provided by or approved by the county there for putting money into the county's hip pocket!! are Counseling & Anger Management. Depending on where you live this can range into the $1000.00 of dollars, along with having to pay for incarceration and probation. It also puts money into victim impact funds (this dose not mean the victim is getting anything) law library's and assorted other County benefited programs... It is now cost effective for some small County courts to press these charges so that they can pay county employees more and increase pay to judges and the District Attorneys. Even at the cost of the victim them self. The court system Knows that a first time offender will most likely cop a plea and plead guilty. Other then to take the gamble of facing up to 5 years in prison.. All though this is a law designed for the good of the victim it is being abused by our system and others. People are learning to use the law to benefit them self... in most states all a person has to say is that another put their hands on him or her and the law clearly states that the police have to take that person into custody. This is where the ball of justice and in some cases injustice begins.. Police are not trained enough to see in to the motives of others and / or have no choice as to their options.. there is always two sides to every story as is true for the law!!! The laws are not perfect but when there is a injustice done NO ONE in the county and or the state wants to deal with it!!!!! Unless there is a dollar sign attached to it!!!!

I personally know a person who was a promising lawyer who quit over a case just like this because he refused to be apart of something he could not believe in any more!!!

This is NOT a law that is clear cut like the law regarding to possession!!!

The part of this law I disagree with is that no wants wants to fix the problems with it... and the reason they don't is because of the all mighty dollar!!!

Our government wants you to believe they have your best interest in mind until you get caught up in a law such as this one.. Then they just want your money!!!!

How many cases has the restraining order or protective order not helped the victims... Nicole Brown Simpson had a protective order... Do you believe he didn't do it???? Clearly didn't work here!!!!! but as I said MONEY!!!!

Yes we need laws to protect people but they need to be fair and they need to work.. There needs to be better training for those who enforce these laws!!! The persons who enforce our laws need to use their head Domestic Violence is a crime that involves a persons passion.. there for it is not as clear cut as "He Pushed me!!! Ok Asshole Cuff up!!! you going to jail!!!!!!" well let the court sort it out!!! too often if it is settled with a plea bargain and someone else has just become a victim!!

If one person in 1000 is wrongly convected of any crime dose that make it OK because the system is 999% correct ( giving the system more then it deserves)??? What if you are that 1 in the 1000 is the system still correct????

My advice is to just keep you hands to your self!!!!!
Dont let anger make someone a victim

[bigkarch]

I disagree with the part that the DA will proceed with charges...if the victim is uncooperative and wont testify..the DA will drop it due to lack of evidence and furtherance of justice...just my two cents has being in this game for several years..

your also wrong about the money issue..dv cases have nothing to do about money...sounds like your were on the other side of this issue bro....care to share what you went thru

[bigkarch]

How many cases has the restraining order or protective order not helped the victims... Nicole Brown Simpson had a protective order... Do you believe he didn't do it???? Clearly didn't work here!!!!! but as I said MONEY!!!!



its just an order bro...it give peace officers, and in CA..a mandatory arrest if violated....but if some damn jerk off wants to harm a person how anyone stop that..not even LE can...unless you have an army with you 24 7....

[Tommy Nitro]

Its just an order bro...it give peace officers, and in CA..a mandatory arrest if violated....but if some damn jerk off wants to harm a person how anyone stop that..not even LE can...unless you have an army with you 24 7....

It is Mandatory Arrest in all DV Cases... For most states at this time!!!!

and Yes i am on the other end of this issue when my 14 Year old Daughter Lied to a cop and told him i graped her by the throat!! I was thorn in jail and no longer had any rights as a parent!!! this enabled her to to do just as she wanted...
she wanted to go live with her 17 Y/O boyfriend and his mother....
By the law allowing her to do this she is now a convicted felon a IV Drug user
and just got out of drug rehab!!! though this has greatly impacted my life it is her who is the victim.... of her own actions!!! but she was only 14 the law never considered what was going on!!! i brought this to the attention of the State, County and DHS!!! everyone I could think of and I was turned the def ear!!! no one wanted to hear anything I had to say!!!

now that it has been 4 years she is all screwed up, and I am 4000 miles away from her she wants to come home!!! (which I will still help her if she completes all the court ordered things she has to do and gets off the dope)

If the Cop the DA and the system would have listen to me this may not have happen but she learned to work the system at a early age and thought she could get away with it... now it has kicked her in the rear...

This is a far from perfect system and the solution is not throw people in jail
This country has 1 in 100 in some kind of jail... and yes it is about the money the dept of corrections in CA is big business and bigger money!! When cops run around acting like they do this is the results!!! Before all this I was a firm believer that the system was MOSTLY RIGHT!!! NOT PERFECT!!! Just Mostly Right!!!! Hell I worked in the system (Retired Corrections Officer) Now like i said i was one of those who was WRONGLY Accused of a crime and not enough money to fight the system!!!

Like i said what if you end up being the 1 in a 1000 that is wrongly accused of a crime and is convicted or just dont have the money to fight the system and end up having to cop a plea!!! It was my attorney who quit after seeing the wrongs of the system!!!

[Matt76]

going to try and give a quick recap of my friends situation

A guy who she is(was) with was on probation for abuse. Not physical but more of a mental thing and destruction of the females property. Well this has not happened to my friend. Her cpu,printer and all sorts of shit was destroyed by this dick weed. She tried to get him to leave but he would not. She clocked him one but barely nicked him.

He finally left and I happened to call her at that exact moment. She called the cops and they were total dicks to her(judging her and what not). She didn't want to press charges but sure enough the district attorney did b/c he had a previous record. He is now in jail and of course she feels like she got nothing from this. She is mostly concerned about having her stuff paid for

Anyway, my question is: what kind of time(if any) is this guy looking at? Also, how should my friend go about getting restitution for her items?

any other advice would be appreciated

Also, she told the cops everything about her hitting him and what not and their previous problems and they didn't do anything to her

once again any advice or comments on this situation would be greatly appreciated

[Tommy Nitro]

Dude the only way she can get her stuff paid for is in civil court or out of the goodness of his heart. Again getting a judgment is one thing and getting the cash is another... Again I have to recap on the OJ trial the Brown's and the Goldman's both got a judgment on OJ but they haven't collected much!!! Damn sure not what the judgment was for!!!

As far as time on Dick weed it is a crap shot as I have stated!!! it will depend on what his record (other charges and what the charges are for!!!) and it depends on if the DA offers a plea deal and if he takes the deal... Also if the County is remodeling the court house or wanting to build a new one... as in my case they were remodeling..

!
you see your friend has little resources to get anything back and dick weed well he is going to pay but it is doubtful he will pay to her!!! but the county will get paid!!! Your friend is right in the way she feels "that she is getting nothing out of this"

she can file for a protective order!!! and file a civil case!!! to get her stuff paid for but Good luck on any of them doing any good!!

This is my option on this subject.........
it is impossible to tell what is going to happen on any of these cases......