Understanding Domestic Abuse In California And Fighting Against It

Understanding Domestic Abuse In California And Fighting Against It

Domestic violence constitutes perhaps one of the growing number of cases in the state of California. It seems that the more modern and sophisticated society gets, the more people become psychologically troubled and unable to cope with relationships. Domestic violence, in particular, ?deals with abuse or threats of abuse when the person being abused and the abuser are or have been in an intimate relationship.? The categories may vary such as the parties being married or are domestic partners, dating or used to date, living in or have lived together, or if they have a child together. In addition, the crime also covers situations wherein the parties involved are closely related by blood or by marriage.

Now what defines ?abuse? under the pertinent legislation? Essentially, it is considered as domestic abuse when any or all of the following acts have been committed against the victim:

• Physically hurting or trying to hurt someone, intentionally or recklessly;
• Sexual assault;
• The act of making someone feel afraid that they or someone else are about to be seriously hurt such as making threats of violence; and
• Exhibiting unreasonably aggressive behavior such as harassing, stalking, threatening, or hitting someone; disturbing someone?s peace; or destroying someone?s personal property.

Given such a comprehensive definition, it should be remembered that ?abuse? is not limited to the physical aspect. Aggressive verbal, emotional, or psychological behaviour that is intended towards damaging the other party?s self-worth or destroying his reputation to an almost irreparable extent also constitute ?abuse? as defined under the law. In some cases, there is even no sign of physical violence at all but the partner-victim has been subjected to the harsh control of the partner-abuser. Not only are his movements and decisions being unnaturally restricted, his self-esteem, pride, and overall personality is being manipulated to such a severe extent.

If you are a victim of domestic abuse, the very first thing you need to remember is the fact that you can actually secure a restraining order from the proper court to protect you from further harm. This also applies when the abuse is being exhibited on your child or other immediate family members. For this purpose, you should seek legal assistance as soon as possible in order for the appropriate remedies to be pursued. You might also need to undergo counseling and other similar programs to help you cope with the emotional and psychological trauma especially once the case is filed against your partner. Note, nonetheless, that with a restraining order, not only would you be sheltered from further violent acts of your partner but the necessary financial support will also be mandated by the court from the abusive party.

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