The City of Lights and the Darkness of Domestic Violence
Posted on January 28, 2008
Filed Under Domestic Violence |
LA just witnessed one of the worst instances of domestic violence and an abuse of the rules set in place to protect victims. Domestic violence is a very real situation, and at times the law is powerless to assist the victims. Restraining orders can be given by the courts, but as one victim claimed in the LA Times “paper can’t stop bullets.”
According to a Legal Assistant Resource website, a restraining order is an “order made by a court to protect a person from physical pain or injury or the threat of pain or injury.” Often times this can be seen in television shows and movies. While a restraining order can’t physically stop someone, it can bring a greater penalty upon the perpetrator, should he/she attack or attempt to attack again. In fact, if a victim or potential victim can prove that he/she is in eminent danger, the judge can grant an ex parte restraining order (although if there is a divorce involved, things get quite complicated).
An individual does not need an attorney to get a restraining order, however it is indeed best if one is used. Restraining orders don’t cost anything and the state pays for a marshal to serve the papers.
One can also apply for an emergency protective order, which would be valid for five days and is issues by law enforcement.
According to the California Penal Code, an individual guilty of abuse can be sentenced and fined accordingly:
Spousal Abuse:
Up to 4 years in state prison
Fine of up to $6,000
Child Abuse:
6 years in state prison
Domestic Battery:
6 months in prison
$2,000 fine
Domestic Threats (verbal abuse):
1 year in county jail or state prison
Federal laws can be even more severe. There have been a number of instances recently where children have been overprotected, including a law which was almost introduced by a northern California state government official banning any spanking of a child under 2 years old (by a woman who had no children of her own no less), but when recent reports continue to come out of women losing their lives to abusive husbands, it becomes understandable. A woman in Tujunga, CA recently was stabbed to death, along with her mother, by a boyfriend who had become increasingly abusive.
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2 Responses to “The City of Lights and the Darkness of Domestic Violence”
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I must object to your notion that prohibiting spanking of a “child under age two” is overprotective–Children not yet two only need to be distracted or physically removed from a situation to be corrected, along with a sharp “No!” An adult hitting a child that small in anger can do untold harm…But I also want to say that this article is quite informative, while being concise, and I plan to forward a link to it to someone I know who could really use it. Thanks!
–Robin
Domestic abuse is a serious crime. Not only does it result in physical assaults but it also leaves mental and emotional scars. Sometimes victims of domestic abuse are immobilized and stay in the relationship out of fear or necessity. Their self esteem is diminshed and they are unable to help themselves. An OFP can be the first step in the right direction for victims. While it can’t stop someone from the immediate assault, violations of an OFP create a paper trail and will lead to prosecution for more serious crimes.