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What is Considered Domestic Violence in Sacramento?

What is Considered Domestic Violence in Sacramento?

Domestic violence is a serious issue that impacts many people in Sacramento and across California. Understanding what constitutes domestic violence under the law is an important first step for victims seeking help and perpetrators wanting to change their behavior. This article will provide an overview of domestic violence laws in Sacramento, resources for victims, and information on getting help.

Definition of Domestic Violence

In California, domestic violence is legally defined as abuse committed against a spouse, former spouse, cohabitant (someone you live with or used to live with), person you have a child with, or someone you are dating or used to date. The abuse can be physical, sexual, emotional, economic, or psychological in nature

.Some common acts that are considered domestic violence include:

• Physical abuse – hitting, slapping, shoving, grabbing, pinching, biting, hair pulling, etc. This includes inflicting any physical injury, no matter how minor.
• Sexual abuse – marital rape, attacking sexual parts of the victim’s body, forcing sex after physical violence, treating one in a sexually demeaning manner, etc.
• Emotional abuse – putdowns, insults, constant criticism, name calling, humiliating one in public, controlling what one can and cannot do.
• Economic abuse – making or attempting to make one financially dependent by maintaining control over financial resources, withholding access to money, preventing attendance at school or employment.
• Psychological abuse – causing fear by intimidation, threatening physical harm to self, partner, children, or partner’s family or friends, destruction of pets and property, mind games, forcing isolation from family, friends, or school and/or work 2.

Domestic violence can occur in any relationship regardless of race, age, sexual orientation, religion, or gender. It does not discriminate.

Domestic Violence Laws in Sacramento

In Sacramento, domestic violence is prosecuted under California state law. The main laws dealing with domestic violence in our state are:

• Penal Code Section 273.5 – Willful infliction of corporal injury on spouse, cohabitant, or child’s parent. This covers physical abuse like hitting, kicking, punching, etc. that results in a physical injury. It can be charged as a misdemeanor or felony depending on the circumstances.
• Penal Code Section 243(e) – Battery against a spouse, cohabitant, fiancé/fiancée, person of a previous dating or engagement relationship, mother/father of the offender’s child. This covers less severe physical abuse that does not result in injury. It is a misdemeanor.
• Penal Code Section 262 – Spousal rape. This makes it illegal for a person to rape their spouse. It can be charged as a misdemeanor or felony.
• Penal Code Section 13700 – California’s domestic violence law that encompasses physical, sexual, and emotional abuse. Police can make an arrest even if they did not witness the abuse take place.
• Penal Code Section 368 – Elder or dependent adult abuse. Abuse of someone 65 years or older or a dependent adult is prosecuted under this law.

There are also laws that prohibit threatening, harassing, stalking, destroying property, violating restraining orders, and other abusive acts 3.

Restraining Orders in Sacramento

Victims of domestic violence can apply for restraining orders (also called protective orders) in Sacramento to gain protection from their abusers. The main types are:Emergency Protective Order (EPO) – Police can request an EPO when responding to a domestic violence call. It is valid for 5 court days.Temporary Restraining Order (TRO) – Victims can request a TRO by filing paperwork at the courthouse. It is valid for 21-25 days until a hearing.Restraining Order After Hearing – At the court hearing, the judge can issue a restraining order valid for up to 5 years 4.

Restraining orders can include stay-away orders, move-out orders, child custody and visitation orders, orders for the abuser to enter counseling, and other protections for the victim. Having an active restraining order against someone makes it illegal for them to come near or harass you.

Domestic Violence Resources in Sacramento

There are many organizations in Sacramento providing help to domestic violence victims including:

• WEAVE – 24/7 crisis intervention services, emergency shelter, counseling, legal services, youth services. Call 916-920-2952  5.
• My Sister’s House – Shelter and services for Asian and Pacific Islander victims. Call 916-428-3271  1.
• A Community for Peace – Shelter, legal advocacy, counseling, support groups. Call 916-728-5613.
• Sacramento Regional Family Justice Center – Help with restraining orders, counseling, prosecution. Call 916-875-4673  4.
• Victim/Witness Assistance Center – Help dealing with law enforcement and the legal system. Call 916-874-5701   3.

There are also a number of hotlines to call for help including the National Domestic Violence Hotline at 1-800-799-7233.If you suspect a child or elderly/dependent adult is being abused, you must report it to Child Protective Services or Adult Protective Services. Their phone numbers are listed on the Sacramento County domestic violence resource sheet 1.

Getting Help for Domestic Violence

The first step is acknowledging that you are in an abusive relationship and reaching out for help. Here are some tips:

• Tell someone you trust – a friend, family member, coworker, faith leader, doctor, etc. Do not remain silent.
• Contact a domestic violence agency to speak with an advocate about your options. They can help you with safety planning.
• Consider getting a restraining order or calling the police if you are in immediate danger. You have the right to be safe.
• Make a plan to leave the relationship when it is safe to do so. The advocates can help with this.
• Build a support system – don’t go through it alone. Reach out to the people who care about you.
• Consider counseling to cope with the trauma and regain your self-worth. Many agencies offer free counseling.
• Know that the abuse is not your fault. Everyone deserves a healthy, non-violent relationship.

The most dangerous time is when you are trying to leave an abusive relationship. Be very careful, get help from professionals, and put your safety first. There are people ready to help you escape domestic violence safely in Sacramento.

Conclusion

Domestic violence causes physical, emotional and psychological trauma that can last a lifetime. Yet it remains a hidden problem in our communities because victims are afraid to come forward out of shame, fear of retaliation, and other concerns. We must speak up about domestic violence and support organizations working to help victims escape abuse. If you are being abused, know that help is available. Sacramento has resources dedicated to getting victims to safety and prosecuting abusers. You deserve to live free of violence.

References

 Sacramento County Domestic Violence Resources

 National Domestic Violence Hotline – What is Domestic Violence?

 California Courts – Domestic Violence

 Sacramento Superior Court – Domestic Violence Restraining Orders

 City of Sacramento – Domestic Violence Resources