Domestic "Violence"

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Domestic "Violence"

At Antonyan Miranda, we handle many Domestic Violence Restraining Order (DVRO) cases, and pride ourselves on providing zealous and aggressive representation in this subset, yet complex area of family law.  This is important, as each year the law changes, allowing increased forms of conduct to be considered "abuse."

Many people are under the misconception that domestic violence requires physical violence, when in fact Family Code Section 6203(b) plainly states that "Abuse is not limited to the actual infliction of physical injury or assault."  Currently, a DVRO may issue for any of the following: molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, credibly impersonating as described in Section 528.5 of the Penal Code, falsely personating as described in Section 529 of the Penal Code, harassing, telephoning, including, but not limited to, making annoying telephone calls as described in Section 653m of the Penal Code, destroying personal property, contacting, either directly or indirectly, by mail or otherwise, coming within a specified distance of, or disturbing the peace of the other party, and, in the discretion of the court, on a showing of good cause, of other named family or household members.

The evidentiary standard for the issuance of a DVRO, reasonable proof or preponderance of the evidence, is very low, and is left to the discretion of the bench officer that presides over the matter, not a jury.  In practical terms, this means that anyone in any romantic or family relationship that that tends to be less than congenial should be cognizant of the law, and be very careful to restrain their conduct when tempers flare, and arguments inevitably happen.  

 

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Timothy Miranda