Domestic Violence

Call 911 if in immediate danger!

Domestic violence is a pattern of behaviors where one partner tries to maintain control of the other through the use of physical force, intimidation and threats.

Court Public Service Announcement

Click below to view a Public Service Announcement about Domestic Violence Issues that is part of a series developed through a grant provided by the Administrative Office of the Courts. The series entitled, "Meet the Court," is intended to provide you with quick information and education about Family Court Services, and has been developed in both English and Spanish.

Click to language version you wish to play. All files less than 2.5MB in size.

Domestic Violence Issues: English / Español

What is Domestic Violence?

The abuse can take many different forms:

In California, domestic violence is a crime. Criminal code section 273.5 requires criminal penalties including jail or prison and participation in a 52 week batterer's treatment program. To meet the criteria for arrest under 273.5 the partners must be married, living together, or have a child in common and the victim must have visible injuries.

Power and Control

There is also a civil code section under the Domestic Violence Protection Act. This civil code protects partners who are in dating relationships or same sex relationships. In some cases, no visible injuries have to be observed by an officer to warrant an arrest.

Image

Domestic Violence is about power and control over another person. It is not a problem with anger. Rarely do you see an abuser act violently with friends, coworkers or a boss. It is a Jeckyl and Hyde personality that confuses others who learn of a person's violence with their partners. Abusers can act charming, loving and attentive...when they want to. Drinking, drugs, genetics, the victim's behavior or stress does not cause domestic violence. It is learned behavior. It is learned in the home by observation and reinforcement before the age of 10. Domestic Violence happens in all races, religions and socio-economic groups.

Image

A relationship starts in the honeymoon phase. Over time, tension starts building. Usually when the abuser feels that the victim is sufficiently "hooked" into the relationship, either through marriage, moving in together or getting pregnant, the abuse starts. The honeymoon phase is what "hooks" the victim back into the relationship and keeps the cycle moving. Over time the cycle reduces to just tension/abuse and the episodes of violence get more frequent and severe.

Characteristics of Victims

• Found in all socio-economic, educational, racial and age groups.
• Many battered women report violence in family of origin.
• Many report marrying young to escape violent homes.
• Many, but not all, witnessed some form of abuse as children.
• Low self-esteem. Question their right to have any better life than they presently have.
• Underestimate themselves and believe they cannot do better.
• Feel powerless and believe they have no choices.
• Hopeless and immobilized by the abuser taking control and have lost the ability to make independent decisions and changes.
• Depression, suicide, substance abuse and psychosomatic illnesses are behaviors observed with victims.
• Lack of trust due to history of isolation and feelings of helplessness.
• Chronic apprehension. Agitation and anxiety about routine decisions.
• Unable to relax, disturbed sleeping patterns, always on guard.
• Peacekeepers. Trying to keep the home calm.
• Take blame.
• Feel guilty because they disturb neighbors; their children have problems and feel they are responsible for the abuse.
• Usually female, although not always.
• Caregivers. Desire to nurture, rescue and take care of others.

Characteristics of Abusers

• Found in all socio-economic, educational, racial and age groups.
• Generational history of family violence.
• Is a witness for mistreatment and disrespect for women.
• Poor impulse control.
• Emotional dependency.
• Limited capacity for delayed gratification.
• Insatiable ego needs.
• Low self-esteem.
• Perception of self as having poor social skills; describes relationship with victims as the closest they have ever known.
• Jealous. Has great fear of being abandoned or cheated on.
• Desire to isolate partner.
• Lacks awareness of others' personal boundaries.
• Believe that his forcible behavior is his responsibility and obligation to the good of the family.
• Apparently feels no guilt on an emotional level, even after recognition of abusive episodes.
• Usually male, although not always.

Understanding Why Victims Stay

• Victim fears they will be beaten more severely if they try to leave, abusers often threaten to find and kill or harm the victim and their families.
• Victim depends on the batterer for food, shelter, economic security, immigration status, or other necessities.
• Victims believe they will have no one to talk to, understand or believes in them.
• Victims believe their children need two parents, and do not want to raise them alone.
• The victim wants to keep the family together and live up to a religious commitment to remain with their partner.
• The victim does not believe they can take care of themselves or their children alone.
• Victims want to be loyal to the relationship and stand by their partner.
• The victim believes the abuser's promises to change or get help.
• The abuser has threatened to commit suicide if the victim leaves.
• Victims believe that no one else will want them.
• The victim rationalizes that things could be worse with someone else.
• The victim is ashamed of the situation and believes that others will think negatively of them.
• Victims believe others will think they are low-class or stupid for being involved in an abusive relationship.
• They believe they must be in a relationship to be a complete person.
• They fear deportation.
• They fear being "outed".
• They believe it is their job to make the relationship work.
• They believe they can save the abuser and help them get better.

Victims often leave their abusers an average of five to seven times before they are able to leave permanently. The victim is in greater danger when they decide to leave. Only the victim can decide what is best for them and their children. It is important to recognize that they are the experts in their relationship, not an outsider. Never tell a victim "Just leave him/her". The victim must develop a safety plan. They will know when it will be the best time to leave.

The Effects of Domestic Violence on Children

Children who live in homes where abuse occurs are also the victims of the violence. They may be injured by an act of violence, they feel helpless, blame themselves for not preventing the violence, or for causing it, and also may be abused or neglected.

The children experience high levels of anxiety, experience symptoms of Post Traumatic Stress Disorder, and experience difficulties in school. Children living in violent homes are more likely to be truant, act out and behave violently. Violence is a learned behavior.

Teen Relationship Abuse

It is estimated that abuse is involved in 28% of teen dating relationships. Teen Relationship Abuse and Adult Domestic Violence have some of the same characteristics. They both are based in an increase in controlling behaviors, the abuser uses power and control to keep them in the relationship, the abuse becomes more severe when the victim tries to end the relationship, and both follow the Cycle of Violence.

There are also some unique characteristics of Teen Relationship Abuse:

• Teens naturally isolate themselves from adults and may believe that spending all your time with your partner is what you do when you are in love.
• Teens lack experience with intimate relationships; and may not have information about what makes a relationship healthy. Further, they may have witnessed violence between their parents.
• Teens may believe jealousy and control are signs of love.
• Physical violence happens as often, if not more often than in adult relationships. The physical violence sometimes turns into "mutual combat" situations.
• Teens are reluctant to seek help because they do not want to put their newly acquired independence at risk.
• There is a great deal of peer pressure to be "with" someone. Being in a relationship gives teens social status. 

Image

Dating Bill of Rights and Responsibilities

Every teenager has certain rights and responsibilities in a Dating relationship

Your Rights:

• To refuse a date without feeling guilty.
• To say no to physical closeness.
• To end a relationship.
• To have an equal relationship.
• To have friends other than your dating partner.
• To participate in activities that do not include your partner.
• To have your own feelings and be able to express them.
• To set limits - to say yes or no as you choose.
• To have your limits, values, feelings and beliefs respected.
• To say "I Love You" without having sex.
• To be heard.
• To be yourself, even if it is different from everyone else or from what others want you to be.

Your Responsibilities:

• To ask for a date and accept no for an answer.
• To determine your limits and values.
• To respect the limits, values, feelings, and beliefs of others.
• To communicate clearly and honestly.
• To ask for help when you need it.
• To be considerate.
• To check your actions and decisions to determine whether they are good or bad for you.

If your dating partner has slapped, pushed or threatened you, it is important to take it seriously. It means that they are trying to control you, and there is a good chance it will get worse if you do not do something about it. If you are in an abusive relationship, a good first step is to reach out and get help.

Call 911 if in immediate danger!

If You Call The Police

• Call 911 and tell them you are in danger or injured.
• After the officer arrives note the time, date and the name of the officer you talked with. Ask the officer for the case number.
• If you told one officer about the incident, but another officer writes the report, make sure you tell the reporting officer all the details.
• Go to the emergency room and have the doctor or nurse document the abuse and report it to the police, if it has not already been reported.
• You can get a copy of the police report for yourself.
• If the report has errors or is incomplete, you may request that a corrected report be written.
• If bruises or injuries show up after the report was written, go to the law enforcement headquarters where the report was written and ask for pictures to be taken.

If Felony Charges Are Filed

• Once the batterer is in custody, the Arraignment will be held within two court days. If the batterer has been released from custody, the Arraignment will be held within 5 court days.
• At the Arraignment, a Preliminary Hearing will be set to take place within 5 court days.
• At the Preliminary Hearing the batterer may plead guilty or no contest, or you may be required to testify before the judge. When you receive a subpoena, you must come to court.
• If the batterer pleads guilty or no contest, the sentencing will take place in four weeks.
• If the batterer pleads not guilty, then you may be required to testify before the judge.
• If, at the Preliminary Hearing the accused is ordered to stand trial, the case will be transferred to Superior Court for arraignment two weeks later.
• At the Trial Confirmation the accused may plead guilty or no contest, or the case will be confirmed for trial.
• If the accused pleads guilty or no contest, the sentencing will be set four weeks later.
• If confirmed for trial, you as the victim will be required to testify in Superior Court before a judge and/or jury. When you receive a subpoena, you must come to court.

If Misdemeanor Charges Are Filed

• Once the batterer has been arrested, the first court appearance is the Arraignment. If the batterer is in custody, the Arraignment will be held within two court days. If the batterer has been released from custody, the Arraignment will be held within 45 days.
• At the Arraignment the batterer is notified of the charges. The batterer may or may not plead guilty or no contest at this time.
• If the batterer pleads guilty or no contest sentencing will usually take place at this time.
• If the batterer pleads not guilty, a Jury Motion Hearing is set two to three weeks later.
• If at the Jury Motion Hearing the batterer pleads guilty or no contest, sentencing will usually be that day.
• If the batterer pleads not guilty, a trial date will be set. As the victim, you will be required to attend the trial and testify.

If An Arrest Is Not Made

• If the officer is unable to make an arrest, and the batterer is present at the scene, you may make a citizen's arrest. The officer will help you do this.
• If an arrest could not be made because the batterer has left the scene, the law enforcement agency may seek a complaint (warrant) through the District Attorney's Office. After the arrest warrant is issued, the batterer will be arrested when found. You will be notified when you need to come to court.
• If no complaint is requested by the law enforcement agency, you as the victim may contact the District Attorney's Office and ask to speak to the Complaint Resolution Specialist. They will locate your police report, review it, and if appropriate, prepare a complaint for filing.
• The District Attorney's Office may file felony or misdemeanor charges depending on the facts of your case. In some cases, there may not be enough evidence to warrant a complaint.
• You may contact the District Attorney's Office at 488-3141 or the Fresno Superior Court at 457-2000 to find out court dates. During this call ask for your case number for all future inquires.

If You Feel You Are In Danger

Call 911 if in immediate danger!

• You may request an Emergency Protective Order (EPO) from the law enforcement officer who has responded to the scene.
• The police officer calls the judge and explains your situation.
• The judge may grant a restraint on conduct, stay away, move out and/or a temporary child custody order.
• The order will be valid for only 5 court days.
• You will need to file for and obtain a permanent restraining order from the court within those 5 court days.

Victim/Witness Assistance Program

• As a victim of a crime you may be eligible for assistance from this government program.
• Upon request, an advocate can assist victims during court appearances.
• You must cooperate with law enforcement and the District Attorney.
• The program may be able to help you file a claim for financial assistance for recovery of your medical and counseling expenses, wage loss or support (If these expenses are related to the crime).
• The program may also be able to provide support and guidance through the court process, give referrals to local resources and services, and possibly help with your emergency needs after the crime.
• You can contact the Victim/Witness Assistance Program at (559) 600-2822.

What is a Domestic Violence Restraining Order?

A domestic violence restraining order is a protective order issued under the Domestic Violence Prevention Act. This act was passed to protect victims of domestic violence.

A person is eligible for a restraining order, which can last up to three years if they had a relationship with their abuser that fits one of the following categories:

• Relative
• Relative by marriage
• Dating
• Living together
• Children in common

A victim can obtain an order which prevents the abuser from contacting the abused party by any means including physical contact, physical violence, threats, third party contacts, telephone calls and harassment. The victim can also protect members of their household and immediate family from abuse by adding them to the order.

The victim can obtain a stay away order which prevents the abuser from coming within 100 yards from the victim and other protected parties. The victim can also obtain an order allowing them to remain in their home pending further court action, or keep property such as a car, which allows the victim to care for their children or get to work. The victim can also obtain child custody and child support orders with the order.

Forms are available on the first floor, in the Family Law Facilitator’s Office of the B.F. Sisk Courthouse, 1130 “O” Street; as well as on the second floor in the Family Law Clerk’s Office. You may also request forms via email at: SelfHelpFamilyLaw@fresno.courts.ca.gov. There are three local agencies to assist with filling out restraining orders if you are eligible based on your income. You may also contact a paralegal or lawyer to help you fill out the forms.

Domestic Violence Restraining Order Flowchart

Image

Timeline for Domestic Violence Restraining Order

1. Submission of paperwork to Fresno Superior Court.
2. Judge signs or returns rejected paperwork with explanation.
   • If judge signs; you must have paperwork served on abuser by a non-involved party over the age of 18 or the Fresno Sheriff's Office.
   • If judge rejects you can resubmit with corrections (Go back to step one)
3. Get proof of service from Sheriff's Office or person doing the service if service is completed on time (at least 5 days before hearing). If unable to serve, send in reissuance and try to locate and serve.
4. Submit proof of service to court.
5. At your hearing request a permanent restraining order.
   • If the order is continued, temporary orders will stay in effect.
   • If children are involved the court may order mediation.
6. The Court will provide you with five certified copies of your Restraining Order After Hearing.
7. Mediation (see below)
   • Orientation appointment
   • Actual Mediation appointment
   • Mediator makes recommendation to the court. Each party gets a copy.
8. Second Hearing
   • Again request that the order be made permanent.
   • If you do not agree with the Mediator's recommendation, it is best to object at the hearing. The court may allow an objection period.
9. Additional Hearings
   • Only if custody (see below) and visitation issues become complicated. 

Safety Planning

Identify a Safe Area in Your House

• Install inside locks on a door.
• Plan barricades.
• Choose a room with a window.
• Have a telephone in that room - get a cordless phone.
• Arrange a signal for help with a neighbor.
• Teach your children how to call 911.
• Remove weapons from home.
• If you feel an abusive episode is inevitable, move towards your safe area. Stay away from the kitchen (where the knives are kept) and stay out of rooms with no windows for escape, like the bathroom.

Find a Safe Shelter and Know How You Will Get to It

• Make transportation arrangements with a friend or family member.
• Call ahead to notify them of your situation.

Document the Abuse

• Keep a journal (make sure it is hidden).
• Get photos taken of damage to yourself/property.
• Get medical attention and have them document the abuse.
• Show the injuries to a friend.
• Make copies of bills for damage to property.
• Make copies of hospital/counseling bills.

Keep Identification/Important Papers

• Drivers license.
• Social security cards (yours and your children's).
• Birth certificates, immunization records.
• Immigration Papers.
• Rent receipts or mortgage papers.
• Social services papers.
• Utility receipts.
• Prescriptions.
• Car title and registration.
• Tax records.
• Bank statements.
• Address book.

Have Money and Keys

• Start hiding some cash for yourself (a good place for females is in your tampon box).
• Open your own bank account.
• Save pay-stubs.
• Car/house keys and safety deposit box/postal keys.

Pack a Suitcase

• Shoes/socks
• Underwear
• Nightwear
• Change of Clothes
• Toiletries
• Prescription drugs
• Kid's clothing and favorite toys
• Diapers
• Treasured possessions (pictures, keepsakes)
• Hide the suitcase in the car, under a bed, at a neighbor's, at church, in the garage or in a public locker.

When You Leave

• Try to leave while your abuser is not home, or ask the police for help. Do not worry about being fair or giving the abuser the benefit of the doubt-Protect yourself and your children.
• Try to take your children with you, but if you cannot, do not assume you will lose custody because of abandonment. Leaving because of abuse is legitimate. Get legal assistance about parental rights as soon as possible. If you feel your children are in danger, contact child protective services or the police immediately.

Important Things to Remember

• You are not to blame.
• You did not cause the abuse.
• You are not alone.
• Help is available.

Contact Resources and Services 

24 Hour Hotlines

Shelters

Law Enforcement 

Legal Assistance 

Treatment and Counseling 

Victim's Services 

Safety Planning

Replacing Important Documents

Domestic Violence in the Workplace

 Domestic Violence and Immigration

Other Important Numbers

Rural Services