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Understanding Domestic Violence in San Jose and What to Expect When Accused

Posted on in Domestic Violence

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:

  • Physical abuse - Hair pulling, punching, slapping, kicking, biting, harming one with a weapon, or harming one's children;

  • Emotional Abuse - Calling names, insulting, acting jealous or possessive, monitoring where one goes and with whom one spends time, or attempting to control one's appearance;

  • Sexual abuse and coercion - Forcing one to have sex, holding one down during sex, continuing to pressure an individual after he or she says no, or making one feel threatened or afraid of what might happen if he or she says no;

  • Reproductive coercion - Refusing to use a condom, breaking or removing a condom during sex, forcing pregnancy, forcing one to get an abortion, or sabotaging birth control methods;

  • Financial abuse - Giving an allowance and closely monitoring how one spends it, preventing an individual from having access to bank accounts, forbidding one to work, or stealing money from the individual or his or her family and friends; and

  • Digital abuse - Telling one who he or she can or cannot be friends with on social media, using social media to keep constant tabs on the individual, pressuring the individual to send explicit videos, or looking through one's phone frequently.

What Can Happen if I am Accused of Domestic Violence?

There are many resources available to those who are affected by domestic violence. A domestic violence victim can take legal action against his or her abuser by use of a domestic violence restraining order. A domestic violence restraining order can order an individual accused of domestic violence to:

  • Not contact or go near an alleged victim or his or her children;
  • Stay away from an alleged victim's home, work, or his or her children’s schools;
  • Move out of an alleged victim's house;
  • Follow child custody agreements;
  • Pay child support;
  • Release or return belongings; and
  • Complete a 52-week batterer intervention program.

If a request for a restraining order has been filed against you, there are several steps you must take once you are served with the restraining order papers. A skilled criminal defense lawyer in California can assist you each step of the way and look out for your best interests. 

Contact a Skilled California Criminal Defense Attorney 

Being accused of domestic violence is a battle you do not have to fight alone — an experienced San Jose domestic violence defense attorney can help. Contact the Law Offices of Erik Steven Johnson to discuss your next steps. To schedule a free consultation, call 408-246-3004 today.

Sources:

http://www.courts.ca.gov/selfhelp-domesticviolence.htm

http://www.thehotline.org/resources/statistics/

http://www.thehotline.org/is-this-abuse/abuse-defined/

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