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The Professor
Nedley Series
Domestic Violence
May 1, 2007
This ia not
intended to be a treatise on DV, but rather a compilation of danger signs and a
checklist of places to go for help. The litigation and rules are complex,
but there is plenty of help in navigating the court system - usually found right
at the courthouse or on the court's own webpages. This statwide website
will lead you to help anywhere in California for both domestic violence and
civil harrassment.
http://www.courtinfo.ca.gov/selfhelp/protection/ in San Diego go to
www.sdcourt.ca.gov.
Who Can
Get An Order? You
may apply for A Domestic Violence Restraining Order if you have been the victim
of any of the following:
- Actual physical
violence;
- Stalking;
- Sexual abuse;
- A serious threat of
physical violence;
- Harrassing and annoying
phone calls; or
- Destruction of personal
property.
AND
you have a close
personal relationship with the party you are asking to have restrained.
Under the law, a
relationship is defined as "close" if at least one of the following is true:
- You are married or were
formerly married to the other party;
- You have or formerly
had an engagement or dating relationship with the other party;
- You and the other party
have a child or children together;
- You are related to the
other party by blood, marriage or adoption; or,
- You and the other party
are living together, or formerly lived together, as members of a "household".
To apply for a
Domestic Violence Restraining Order, obtain the DOMESTIC VIOLENCE RESTRAINING
ORDER packet from the
business office of any branch of the Court. If you do
not have a “close relationship” with the other party, obtain the CIVIL
HARASSMENT RESTRAINING ORDER packet from the business office.
Ways to Stay Safe:
- Change the locks on the
doors and the garage.
- Call the police or
sheriff the minute the violent party gets near you, don't wait to hear what he
has to say. The court has or will specify what forms of
communication are acceptable. Ask if they overlook that issue.
- Keep a current order
with you at all times - have the copy with the original court stamp.
- Tell neighbors,
friends, landlord, or co-workers that you are not together anymore and that
the other person does not live with you.
- Have a safety plan for
leaving or returning. Have the kids aware of the plan if that's a
concern.
- If the ex-partner is
dangerous, security at work should be informed and the police or sheriff of
your neighborhood should be advised. THEY WANT TO KNOW if there are any
weapons held by the restrained person that have not been turned over to them
or to a federally licensed gun dealer.
- Neighbors or coworkers
should be advised to call 911 if the restrained person is seen near work or
your home.
Signs of a Potential
Batterer (With credit to Dear Abby for compilation)
- A push for quick
involvement. Comes on strong claiming "I've never felt loved like this
by anyone" - he/she has.
- Jealous of your time
spent with anyone else - family, friends, coworkers - you name it.
- Controlling behavior,
Controls comings and goings, money and "insists" on helping you make personal
decisions.
- Isolation. Cuts
off supportive resources such as telephone pals and coworkers.
- Unrealistic
Expectations. Expects you to be perfect and meet every need.
- Blames others for
his/her problems such as job loss, fights or anything else that goes wrong.
In court that'll be the judge.
- Hypersensitivity.
Easily upset by the small stuff.
- Makes everyone else
responsible for his/her feelings. Says "I am so angry" or "You're
hurting me by not doing what I tell you to do"
- Cruelty to animals.
A hanging offense in most courtrooms.
- Cruelty to kids.
Likewise a major problem to judges. Insensitive to pain or hurt
Completer lack of understanding as to the limits of teasing.
- Playful use of force
during sex. Throwing down and holding down. Demanding sex when
sleeping, tired or ill.
- Verbal Abuse.
Says hurtful things, degrades and humiliates, wakes the partner up to verbal
abuse. Or continues the harangue long past a reasonable period.
- Dr. Jekyll/Mr. Hyde (I
never remember which is which) personality. Sudden mood swings and
unpredictable behavior.
- Prior history of this
type of behavior or battering. There's always an excuse for why it
happened and it's guaranteed that it isn't the batterer's fault.
- Threats of physical
behavior. "I'll slap you if you don't stop". The judges all-time
favorite "I'll kill you" - but they never mean it - "everyone talks that" way
by the time they get to court.
- Breaking or striking
objects or possessions. Punches holes in walls or doors. Throws
things at or near children of partner.
- Rigid sex rules.
Partner expected to serve, obey and remain at home.
- Uses force duriing
arguments. Holds the other against a wall or grasps arms very tightly.
Pinned.
- Pushes, slugs, slaps or
kicks. This behavior can escalate.
This behavior is NOT,
repeat NOT going to change without serious and extensive counseling with
counselors that specialize in the area. You can listen to all the
apologies and promises that you wish to, but the only thing that is going to
change is YOU accepting responsibility for your behavior and getting out
of the situation to protect you and your children.
The Professor remained as
neutral as possible because there are men who are battered, but
domestic violence is the leading cause of
injury to women between the Ages of 15 and 44 in the United States - more than
car accidents, muggings, and rapes combined. Women
are 7 to 10 times more likely to be injured in acts of intimate violence than
are men. 4,000 women each year are killed by their husbands, ex-husbands,
or boyfriends. The Office on
Violence Against Women, U.S. Department of
Justice