In California, local laws provide protection for victims of harassment, assault, and domestic violence. Under the law, aggressors are charged with criminal infractions. If a divorce case is connected, family laws apply to the case, and the outcome of the criminal case could play a role in the divorce proceedings. Civil harassment attorneys in Temecula assist victims of these actions.
Types of Harassment
* Emotional or Mental Abuse. Emotional or mental abuse is a type of civil harassment involving a spouse or a romantic partner. In a divorce case, the abuse is proven through psychoanalysis and testimony from a licensed psychiatrist.
* Threats of Abuse. The threat of abuse falls within the domestic violence laws in California. It indicates that a spouse or romantic partner has threatened to cause physical harm.
* Stalking. Stalking indicates the aggressor is following the victim to their work, home, or other places the victim visits frequently. This crime is also defined through electronic harassment via social media, email accounts, and text messages.
* Sexual Assault. This crime is defined as rape in the state of California. Evidence of rape is collected through a medical doctor and analyzed to pinpoint the perpetrator.
* Harassment by Non-Family Members. This crime encompasses any form of harassment that doesn’t involve parties the victim was related to or was involved with romantically.
Domestic Violence Laws
According to California domestic violence laws, any victim of domestic violence can petition the court for a protection order. Once the order is signed, the aggressor is charged with an additional crime each time the order is violated. The protection order defines provisions to prevent further attacks and limits any contact with the victim.
How Harassment and Domestic Violence Affect Divorce Cases
The judge can extend a protection order if the victim is still at risk. In some cases, the victim is relocated to an undisclosed location. If the child is the victim, the aggressor could lose custody, visitation, and possibly their parental rights.
In California, local laws could apply in divorce and criminal cases. Spousal abuse, assault and domestic violence could introduce fault-based grounds in a divorce case. Evidence of the actions is required to secure a protection order and to prevent further crimes. Victims of these actions are encouraged to contact civil harassment attorneys in Temecula through the Law Office of Michelle Penna. They can visit the website now.
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