Law Offices of Erik Steven Johnson

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Santa Clara County restraining order defense attorneyOften, an order of protection, or restraining order, is issued as a result of a domestic violence allegation. In California, domestic violence is defined as abuse or threats of abuse when the abuser and the abused are in an intimate relationship, or are closely related by blood or marriage. If you have been served with a restraining order, it is important that you fully understand the things that the order can and cannot do and how it will affect you.

Who Can Ask For a Restraining Order?

In California, a person can ask for a domestic violence restraining order if they and their alleged abuser are:

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San Jose domestic violence defense attorney, types of domestic violence, domestic violence restraining order, domestic violence crime, restraining order defenseMore than 12 million people — both men and women — are affected by domestic violence each year. In the state of California, domestic violence is defined as abuse or threats of abuse to children, people in an intimate relationship, people who are closely related by blood or marriage, or people who live together. 

Types of Domestic Violence 

Domestic violence can manifest in several different forms, all of which are detrimental to a person's physical and/or mental health. Consider the following examples of domestic violence:

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San Jose domestic violence restraining order defense attorneyThe state of California takes domestic violence very seriously, and state laws allow someone who has been abused or is under the threat of harm to receive a restraining order to protect their safety. While it is important to protect the victims of abuse, false accusations against alleged abusers can result in a great deal of emotional distress, financial hardship, and damage to personal relationships. If you have been served with a domestic violence restraining order, you should understand your rights and the steps you can take to defend against the charges.

Restraining Orders in California

A person can seek a restraining order against a spouse, ex-spouse, domestic partner, close family member, or parent of their child who has abused or threatened to abuse them. When granted by a judge, restraining orders can require someone to stay away from the alleged victims and their children and relatives, move out of their house, pay child support and/or partner support, or follow certain other orders.

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San Jose domestic violence defense lawyerMore than 10 million people, including both women and men, are victims of domestic violence every year in the United States. In California, 33 percent of women and 27 percent of men will experience physical violence, sexual violence, or stalking from an intimate partner during their lifetimes.

These victims often struggle to put their lives back together after escaping from an abusive situation, and the state has been working to put measures in place to provide them with confidentiality and financial security. 

Protecting Victims’ Confidentiality

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campus sexual assault, San Jose criminal defense lawyer, sexual violence,  sexual harassment, sexual assault crimeOn September 7, 2017, Secretary of Education Betsy DeVos announced that the Department of Education would roll back guidelines which the Obama administration had put in place to fight sexual assault and harassment on school campuses. In response, the California Legislature has passed SB-169, which would codify these regulations into state law. The bill is currently awaiting signature by Governor Jerry Brown.

Taking Action Against Campus Sexual Assault

In 2011, the Obama administration put Title IX regulations into place to address the sexual harassment and sexual violence that occurs on school campuses across the country. These regulations required schools to adopt procedures to address complaints of sexual assault and take immediate action when any sexual violence is reported to address the effects of this violence and prevent it from recurring.

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