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Domestic Violence
Information and Referral Handbook
Table of Contents
Introduction
Introduction
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There are people who are concerned about you and want to help.
This handbook can help you protect yourself and your children. It
describes the characteristics of domestic violence, explains the role
of the justice system, lists your rights and options, and provides
community resources where you can turn for help. We hope this
information is part of the beginning of a safe future for you and your
children.
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A woman is beaten every nine seconds in the United States. Domestic violence is the most under-reported crime
in the country, with the actual incidence 10 times higher than is reported.
Eighty percent of children who live in homes where domestic violence occurs witness the abuse.
Lesbian and gay domestic violence occurs in approximately one-third of these relationships, about as often as in
heterosexual relationships.
On average, four women are murdered every day by their male partner in the U.S. According to the District
Attorney's Office, there were 21 deaths as a result of domestic violence in Santa Clara County in 1995.
Women in the U.S. are in nine times more danger in their own homes than they are in the street.
According to the U.S. Department of Justice, 95 percent of reported spousal assaults are committed by men
against women. Assaults committed by women against men occur in approximately 5 to 10 percent of domestic
violence matters.
About 17 percent of women report experiencing physical or sexual violence during pregnancy.
Battering prior to pregnancy is the primary predictor that battering will occur during pregnancy.
Domestic violence is one of the nation's best kept secrets. Myths and misunderstandings abound. Knowing the facts is an
important step toward breaking the cycle of violence.
Fact: Almost four million women are beaten in their homes every year by their
male partners. Although the first violent incident may not be severe, once
battering begins, it tends to increase in severity and frequency,
sometimes leading to permanent injury or death. What may begin as an
occasional slap or shove will turn into a pushy down the stairs, a punch in
the face, or a kick in the stomach.
Fact: Battering is not about anger or losing control; it is an intentional choice
focused on maintaining power and control in the relationship. Batterers
manage not to beat their bosses or terrorize their friends when they are
angry.
Fact: The batterer is responsible for the violence – not the victim. People are
beaten for breaking an egg yolk while fixing breakfast, for wearing their
hair a certain way, for dressing to nicely or not nicely enough, for cooking
the wrong meal, or any other number of excuses. These incidents do not
warrant or provoke violence. Even when you disagree, you do not
deserve to be beaten. People who are battered do not want to be
beaten.
Fact: Violence does occur in same sex relationships, and the issues of power
and control are similar to those found in heterosexual relationships.
Homophobia allows us to trivialize the violence in same sex relationships
and compounds the effects of the violence for the victim.
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People stay with abusive partners for many different reasons. By understanding these reasons, you can explore your
options for living a violence-free life and avoid feelings of guilt and isolation.
You fear you will be beaten more severely. Your batterer has threatened to find and kill or harm you, your
children, and your family.
You depend on the batterer for shelter, food, and other necessities.
You have no one to talk to who understands and believes you.
You believe your children need two parents, and you don't want to raise them alone.
You want to keep the family together and live up to your religious commitment to remain with your partner.
You fear that you won't be able to take care of yourself and your children alone.
You want to stand by your partner and be loyal to the relationship.
Your partner has threatened to commit suicide if you leave.
You believe that things will get better.
You believe that no one else will love you.
You fear your family and friends will be ashamed of you.
You feel ashamed, embarrassed, and humiliated and don't want anyone to know what is happening.
You think others will believe that you are "low class" or stupid for staying as long as you already have.
You believe that you need to be in a relationship to feel like a complete person.
You fear that you will be deported or that your children will be taken out of the country.
If you are in a same sex relationship, you fear that you will be "outed" or that no one will believe you.
Your job is to make the relationship work, and if it does not work, you are to blame.
If you stay, you can "save" the batterer and help him or her get better.
It is a myth that people don't leave violent relationships. Many leave an average of five to seven times before they are
able to leave permanently. You are in greater danger from your partner's abuse when you leave. Only you can decide
what is best for you and your children. Whether you decide to remain with your abusive partner or leave, it is important
for you to plan for your safety.
Children who live in a home where battering occurs are likely to experience a variety of negative effects and
problems.
Children may be injured during an incident of violence, may suffer feelings of helplessness, may blame themselves
for not preventing the violence or for causing it, and may be abused or neglected themselves.
Children in violent homes face a dual threat: witnessing traumatic events and the threat of physical assault.
Children living with domestic violence experience unnaturally high levels of anxiety.
Children may suffer Post Traumatic Stress Disorder (similar to what war veterans suffer) even after a single
incident.
Children exposed to domestic violence often experience difficulties in school.
Children living in violent homes have more frequent incidents of truancy, theft, insomnia, temper tantrums, and
violence toward others than children raised in a non-violent atmosphere.
Studies indicate that boys exposed to family violence tend to be overly aggressive and disruptive.
Studies show that girls who are exposed to family violence tend to withdraw and behave more passively than girls
not exposed to violence.
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Children who live in abusive homes have a higher risk of juvenile delinquency and substance abuse.
Make a list of people the children can trust and talk to when
they are feeling unsafe (neighbors, teachers, relatives, friends).
Decide ahead of time on a safe place the children can go when
they feel unsafe.
Teach children how to use police and other emergency phone
numbers.
Abusive relationships are based on the mistaken belief that one person has the right to control another. When the actions
described in the spokes of this wheel and on the next page don't work, the person in power moves on to actual physical
and sexual violence. The relationship is based on the exercise of power to gain and maintain control. The dignity of both
partners is stripped away.
Using Intimidation
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Using Isolation
Making light of the abuse and not Shifting responsibility for abusive
taking your concerns about it behavior to other people or
seriously. circumstances.
Saying the abuse didn't happen Saying you caused the abuse.
Using Children
Making you feel guilty about the Using visitation to harass you.
children. Threatening to take the children
Using the children to relay away
messages.
Making all the big decisions. Being the one to define men's and
Acting like "Master of the Castle". women's roles.
Treating you like a servant.
Healthy relationships are based on the belief that two people in a relationship are partners with equal rights to have their
needs met and equal responsibility for the success of the partnership. In this equality belief system, violence is not an
option because it violates the rights of one partner and jeopardizes the success of the relationship. The dignity of both
partners is built up in a relationship based on equality.
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Non-Threatening Behavior
Talking so that you feel safe and Acting so that you feel safe and
comfortable expressing yourself comfortable expressing yourself
and doing things. and doing things.
Respect
Responsible Parenting
Shared Responsibility
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Economic Partnership
Alcohol or drug use is present in an estimated 65 to 80 percent of all domestic violence incidents. Families affected by
domestic violence typically experience a higher rate of alcohol and or drug use than families not affected by battering.
While the batterer may blame substance use for the battering, it is important to know that alcohol and drugs do not
cause violence; however, the violence and abuse may be more severe during use. Domestic violence and substance
abuse are two different problems and each requires specialized intervention.
Are you involved in a dating relationship that is abusive or is potentially abusive? Ask yourself these questions:
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Your teen has bruises, bite marks, black eyes or other unexplained physical injuries.
Your teen is unwilling to discuss her or his dating relationship.
Your teen is withdrawn.
Your teen is spending a lot of time alone.
Talk to your parents, if you can, or decide which friend, teacher, relative, or police officer you can tell.
Telephone the Probation Department at (408) 299-2145 and ask to speak with the assigned probation officer.
If the juvenile batterer is appearing in court, you have the right to be notified, to be present in court, to submit a
statement to the Court, in person or in writing, and to have a support person present.
Contact an advocate to help you make a safety plan and to decide if you should get a restraining order.
As a minor, you can get a restraining order. A judge will decide if your parents should be notified. For help with a
restraining order, contact an advocate and see the Restraining Order section of this handbook.
Batterers in same sex relationships use the same power and control tactics as heterosexual batterers. They blame the
victim, deny or minimize the abuse, and resist being accountable for their violence. Victims feel afraid, isolated and
ashamed, take responsibility for the abuse, and face many barriers in leaving the relationship. Societal homophobia also
causes lesbians, gays, bisexuals, and transgendered to face additional obstacles to safety and services including:
Fear of losing custody of your children, your job, or family support if your sexual orientation is revealed.
Becoming a target for anti-lesbian/gay violence.
Extremely limited resources, for you and the batterer.
Inappropriate, insensitive, and homophobic responses from service providers and the criminal justice system.
Further stigmatization because of the abuser's violence.
Ostracism from the lesbian, gay, bisexual or transgender communities for revealing the violence.
Emotional abuse by the batterer, including questioning your "real" orientation and reinforcing society's view of
same sex relationships as perverse or bad.
Threats by the abuser to "out" you to your family, friends, and employers.
Denial of the existence of same sex battering by referring to the violence as "mutual" battering.
Immigration...
Many batterers use the immigration status of their partners as another way to control them. Abuse may come in the
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following forms:
Many victims of domestic violence are afraid to report or leave their abuser because they are "undocumented". Although
the threat of deportation is real, your safety is most important.
Although your immigration status may present certain risks, you still have many rights.
If you are not a permanent resident and are married or formerly married to a U.S. citizen or permanent resident or are
applying for residency through a spouse, contact an immigration attorney. Your immigration status could be jeopardized
by a divorce or separation. An annulment, dissolution, or divorce could terminate your immigration status.
If you have already received a conditional residence permit and you are a victim of battery or extreme cruelty, you do not
need the cooperation of your spouse to change the conditional status to "permanent resident".
When an attack has begun, escape if you can. Whenever you believe that you are in danger, leave your home and
take your children, no matter the time of day or night. Go to a friend or relative's house or a domestic violence
shelter.
Defend and protect yourself. Later, take photos of your injuries.
Call for help. Scream loudly and continuously. You have nothing to be ashamed of – the batterer does.
During an argument, stay close to an exit and avoid the bathroom, kitchen, or anywhere near weapons.
Practice getting out of your home safely. Identify which doors, windows, elevator, or stairwell would be best.
Have a packed bag ready, and keep it in a secret but accessible place so you can leave quickly.
Identify neighbors you can tell about the violence and ask them to call the police if they hear a disturbance coming
form your home.
Devise a code word to use with your children, family, friends, and neighbors when you need the police.
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Plan where you will go if you have to leave home, even if you don't think you will.
Trust your own instincts and judgment. Whatever you need to do to survive is the right choice. You have the right
to protect yourself.
Open a savings account in your own name to establish your independence. Give the bank a safe address, such as
a post office box or a work address. Think of other ways to increase your independence.
Leave money, an extra set of keys, copies of important documents, and extra clothes with someone you trust so
you can leave quickly.
Decide who you could stay with and who might loan you some money.
Keep the shelter's phone number close at hand and keep some change or a calling card on you at all times for
emergencies.
Review your safety plan as often as possible in order to plan the safest way to leave your batterer. Leaving your
batterer is the most dangerous time.
If you must leave your children, recover them as soon as possible. Courts tend to give custody to a parent who
physically has the children. Seek legal advice or call a domestic violence agency if there are no current child
custody orders.
Change the locks on your doors as soon as possible. Buy additional locks and safety devices to secure your
windows.
Call your local phone company to ask for an unlisted phone number. This service may be free of charge.
Create a safety plan with your children for times when you are not with them.
Inform your children's school, day care, etc., about who has permission to pick up your children.
Inform neighbors and landlord that your partner no longer lives with you and that they should call the police if they
see him or her near your home.
Decide whom at work you will inform of your situation. This should include office or building security. Provide a
picture of your batterer if possible.
Arrange to have someone screen your telephone calls if possible.
Devise a safety plan for when you leave work. Have someone escort you to your car, bus, or train. Use a variety
of routes to go home if possible. Think about what you would do if something happened while you were on your
way home.
If you are thinking of returning to a potentially abusive situation, discuss an alternative plan with someone you trust.
If you have to communicate with your partner, determine the safest way to do so.
Have positive thoughts about yourself and be assertive with others about your needs.
Read books, articles, and poems to help you feel stronger.
Decide whom you can call to talk freely and openly to give you the support you need.
Plan to attend a women's or victim's support group to gain support from others and learn more about yourself,
domestic violence, and relationships.
CHECKLIST: What You Need to Take With You When You Leave...
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REMEMBER: These things are not as important as the lives of you and your children!
THE POLICE...
Calling 911
If you have just been threatened or beaten, call 9-1-1. Tell the dispatcher that you are in danger and you need help
immediately.
When the police arrive, describe your injuries in detail. Include the following information:
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Ask the police to take pictures of injuries, bruises, and damaged property and to remove any weapons used in the crime
from the scene. Try to be as calm as you possibly can.
Making a Report
The police are required to write an incident report for all domestic violence calls, even if the batterer has already
left the scene when they arrive.
The police are required to provide you with an information card with the report number and the officer's name and
badge number.
Although it is best to make the report as soon as possible, you can also call the police hours after you have been
abused, or even the next day, to have a report taken.
If the police do not write a report, you can go to the police station to make a report yourself.
Photos of your injuries are crucial. Bruises may appear hours or days after the incident, and the pictures can be
used as evidence. While police may take photos, you should also take your own photos.
Never hesitate to call the police for help. If you disagree with an officer's responses to your situation, you can
directly contact the commanding officer or request assistance from a domestic violence advocacy agency in
communicating your concerns to the law enforcement agency involved.
Always get the police officer's names and badge numbers.
Civil Stand-By
If you need to return to your house to get your things or you don't want to let the batterer back in your home to pick up
his or her things, you can request a civil stand-by. A civil stand-by means the police are present to make sure everyone is
safe. The police will only allow a limited time for the person to gather property. You can call your local police department
to request a civil stand-by at any time.
You have a right to obtain a copy of any police report in which you are listed as the victim. The reports are available
through the police agency that handled the case. The charge for the report can be as much as $20, depending on the
agency.
It is always a good idea to get a copy of any incident report documenting your batterer's abuse against you. These police
reports can be used as evidence of abuse in other court proceedings, such as restraining order or custody hearings.
If your abuser has violated a restraining order, show the police your court order and the proof of service.
Restraining orders can be verified in the state registry.
The police are required to make an arrest if the batterer is present and they believe a violation of the restraining
order has occurred.
You have a right to request an Emergency Protection Restraining Order (EPRO) from an officer at the scene of
the crime.
An EPRO is temporary, and only a police officer, with the approval of a judge, can obtain this order.
Since you need an officer's assistance to get an EPRO, it is important to describe the batterer's actions and the
basis of your fears.
EPRO's are available 24 hours a day and good for up to 7 days and can include orders for custody and residence
exclusion. To get a more permanent order, you must go to Superior Court to file for a civil restraining order (see
the Family Court section for more information).
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Even if the batterer has broken the law, he or she may not necessarily be arrested. If asked, you do not have to tell
police you want to prosecute. An officer's decision to arrest the batterer should not be based on whether or not you want
to "press charges". Only the District Attorney can charge a person with a crime.
If the police refuse to arrest the batterer and the batterer is present, you have the right to make a citizen's arrest under
Penal Code Section 837. All you have to say is, "I want to make a citizen's arrest." You can tell the police of your request
to make a citizen's arrest outside of the hearing of the batterer. The police are supposed to advise you of your right to
make a citizen's arrest.
If the batterer is arrested and taken to jail, he or she may be released on bail. This release can happen within just a few
hours. You have the right to be notified of your batterer's release from jail.
Arrest by Warrant
If the batterer is not arrested at the time of the incident, the case may be assigned to a detective for further investigation.
A detective will re-interview people, collect more evidence, and gather medical information. Not all reports are sent to the
District Attorney for review.
The District Attorney's Office will review all reports received and decide whether to file charges. If the District Attorney
authorizes charges, a warrant for the batterer's arrest will be valid once a judge has signed the warrant.
The warrant is sent to the police agency that completed the report, and the batterer is then notified of the warrant,
usually by mail. If the batterer does not turn him or herself in, the police will attempt to find the person. This process can
be lengthy.
When a batterer is arrested and taken to jail, the Office of Pretrial Services gathers information to help the judge in
setting bail and to make recommendations to the Court and District Attorney about the batterer's possible release at
court.
Your input is very important. A Pretrial Services Officer will call you and ask you about your safety, past violence or
threats, and any conditions of release you believe the batterer should have if the judge allows him or her to be released.
You may contact the Office of Pretrial Services at 299-4082 (a 24 hour number).
(408) 299-4082
Bail
You have the right to request an increase in bail. The law requires that a judge set a person's bail within eight hours of
being booked into custody. The judge can increase bail if the victim's safety is in danger. Tell the Pretrial staff that you
fear for your safety and want the batterer's bail increased. Once bail is set, you have the right to request a rehearing for
bail setting to increase or revoke bail.
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Release at Arraignment
If the batterer has not posted bail, the judge will decide whether to release the batterer from custody at the first court
hearing, the arraignment. The judge's decision is typically based upon the information provided by Pretrial Services. A
recommendation for release should not be made without your input.
Many batterers are released by the judge at arraignment on SORP. This program means the batterer's release is
conditional upon meeting certain requirements the Court feels are necessary for your safety and to guarantee the
batterer's appearance in court. Batterers are supervised by Pretrial staff to monitor their conduct.
You have the right to request that a "stay away" or no contact order be a condition of release. This order is different from
a restraining order. The order is available to local police agencies for enforcement and a notice is mailed to you. You
may call 299-4091 to request a copy of the order or to ask questions. This no contact order will remain in effect
throughout the court process, but can be changed.
Once the order is terminated or changed, the police agencies are notified, and you are also provided written notice.
Other common conditions of release include participation in a batterer's program and substance abuse treatment.
If the batterer does not comply with the conditions of release, the Pretrial Officer will notify the Court and may
recommend revocation of the Supervised Own Recognizance release. If the Court revokes the release, the batterer will
be taken back into custody or a bench warrant will be issued. Pretrial Services' involvement in the case terminates at this
point.
The decision to "press" or "drop charges" can only be made by the District Attorney's Office (DA). You, as the victim of a
crime, cannot "press" or "drop" charges against the batterer.
The DA's Office will either file charges or reject the case based on the facts in the police report. There is a special unit
that prosecutes domestic violence cases.
Your cooperation in the case is very important, but your lack of cooperation will not stop the prosecution. The DA
prosecutes batterers to stop the violence against you.
If you have questions or would like to convey your thoughts about the case, you may contact the Deputy District Attorney
assigned to the case. Call the DA's Office at (408) 792-2533 or the DA's Paralegal at (408) 792-2546.
(408) 792-2533
(408) 792-2546
In general, a felony is a more serious crime than a misdemeanor. A felony conviction can result in a state prison sentence
or local jail time. A misdemeanor conviction, however, is limited to no more than one year in the county jail.
Arraignment
If the District Attorney files charges, the batterer will be brought before a Superior Court judge who will tell the batterer
what the charges are and ask for a plea.
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The batterer may plead guilty or "no contest" and be immediately sentenced by the Court. You have a right to be present
and heard by the judge at this time.
If the batterer is in custody, arraignment occurs within 48 to 78 hours. You can call (408) 792-2500 to find out the
arraignment date, time, department, and court address.
If the batterer is out of custody, the filing of charges and arraignment could take several weeks.
If the batterer pleads not guilty, a court date will be set for pretrial conference. At pretrial conference, the case is
discussed by a judge, DA, defense attorney, and the batterer. You have the right to be present, but your presence is not
required. If the batterer still pleads not guilty, the case goes to trial and a court date will be set.
If the batterer charged with a felony pleads "not guilty", a preliminary hearing is held to determine if the batterer should
stand trial in Superior Court.
You will be asked to testify at this proceeding. You have the right to have an advocate or support person with you during
this hearing. There is no preliminary hearing if the batterer is charged with a misdemeanor.
The Trial
The most cases are resolved by guilty pleas and do not go to trial. If the batterer pleads not guilty, a trial will be held.
The DA's Office has the burden of proving guilt "beyond reasonable doubt."
You will be called upon to testify at the trial. You have the right to have an advocate or support person with you at the
trial.
If you receive a subpoena from the Court, you are required to appear in court. If you fail to appear, the Court may take
you into custody to make sure you are present to testify.
You don't need a lawyer to represent you – only the batterer faces charges. You are never obligated to go to court
unless you are subpoenaed. You have the right to attend any public court proceeding concerning the batterer.
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If someone calls you about the case, ask whom they represent. You have the right to speak with or refuse to speak with
the batterer's attorney or investigator, including anyone from the Public Defender's Office.
Plea Agreements
Many cases are settled prior to trial through a plea agreement. A plea agreement means the DA's Office, the defense
attorney, and the batterer agree upon the charge(s) and the conditions of the sentence. Charges may be reduced or
dismissed during the process.
You have the right to be notified by the DA's Office of any plea agreement made in a case involving a violent felony. You
can call the DA's Office any time to ask if the batterer's charge including a violent felony.
You have the right to be notified of the disposition of the case by the DA's Office. If formal probation is granted, the
Probation Department will send you a written notice advising you of the conviction, the charge(s), and the conditions of
the sentence.
In all felony cases, and in a small number of misdemeanor cases, the Probation Department prepares a presentence
investigation report for the Court prior to sentencing. The report includes a description of the crime, the personal history
and criminal record of the batterer, the batterer's statement, and your views regarding the offense.
Your statement is very important and may have an impact on the probation officer's recommendations and the Court's
orders. You may contact the investigating probation officer (PO) at (408) 435-2200. The PO needs your current address
and telephone number, which will be kept confidential.
(408) 435-2200
If a presentence investigation is completed, the Probation Department will notify you of the sentencing hearing date and
your right to appear and express your views to the Court. You also have the right to express your views in writing. You
will receive this notice by mail.
The PO assigned to complete the report will attempt to contact you to ask about the nature and extent of your injuries
and emotional distress. The PO will also be interested in your feelings about the batterer and the crime.
If you suffered a financial loss, you have the right to request that the batterer be ordered to pay those costs.
Probation Recommendations
The Probation Department makes recommendations to the Court about sentencing in cases referred for a report. These
recommendations may include prison or jail time, programs to assist the batterer in taking responsibility for the violence,
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Sentencing Requirements
The law requires the following conditions as the minimum sentence for anyone convicted of a crime against their partner:
The purpose of these conditions is to provide protection for you and to hold the batterer accountable.
The batterer may be ordered to serve a County Jail sentence. There are, however, a number of jail alternative programs
available to inmates that allow them to live or work in the community while serving their jail sentence.
Court Probation
If the batterer is granted court probation, the court is responsible for monitoring the batterer's compliance with the court
orders. For assistance in a court probation matter, you must contact the sentencing court.
Formal Probation
If the batterer is granted formal probation, a probation officer (PO) will be assigned to supervise the batterer.
The Probation Department supervises the batterer to provide protection for you and to enforce the court order. The
Probation Department has a specialized supervision unit to handle more serious domestic violence cases. You are
encouraged to speak directly with the PO assigned to supervise the batterer. You may call (408) 435-2000 for the PO's
name and phone number.
Batterers Programs
The batterer will be required to attend a year-long batterers program as a condition of the sentence. Participation in this
program does not guarantee that the batterer will not be violent or abusive again. The purpose of the program is to teach
the batterer how to stop the violence, but only the batterer can choose to stop the abuse.
By law, victims are not allowed to participate in the program with the batterer. You have the right, however, to request
and receive information about the program and the batterer's participation in the program.
The Court may also make an order restricting the batterer's contact with you. Typically, there are three kinds of contact
orders imposed:
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Your safety is the primary concern. The PO will make the decision to restrict or otherwise place conditions on the contact
the batterer is allowed to have with you. This decision will be based on risk, rather than your preference.
The batterer may also be required to participate in substance abuse counseling, submit to warrantless searches, submit
to chemical testing, participate in parenting classes, and be prohibited form owning or possessing weapons. All persons
convicted of a felony are prohibited from owning or possessing a firearm for life.
If you decide to seek a civil restraining order in addition to whatever contact order the criminal court has made, you have
the right to request that the PO serve a Restraining Order on the batterer.
You will need to provide the appropriate documents to the PO within the time frame required by the court to allow time
for the PO to have the batterer report to the Probation Department.
You have the right to be informed of changes in the batterer's probation status, including a revocation of probation, the
issuance of a bench warrant, or transfer to a lower level of supervision.
Violation of Probation
You have the right to report any violation of the court order to the PO. If the batterer fails to comply with the court order,
he or she may be returned to court for Violation of Probation proceedings.
Sometimes, a hearing will be held and witnesses called. If you are called as a witness, you may request an advocate to
accompany you to the hearing.
The judge, not a jury, will determine if the batterer is in violation of probation. Consequences for a violation of probation
include more jail time or additional conditions of probation. In felony cases, the batterer may be sentenced to State
Prison.
STATE PAROLE...
Upon release from State Prison, the batterer will be supervised by a State Parole Agent. The batterer's parole agent
may be contacted to answer any concerns or questions regarding the batterer and parole. The typical parole term is
three years, although the length of the term is determined by the offense(s) and the parolee's adjustment.
(408) 629-5980
You have the right to request that the Board of Prison Terms advise you of an inmate's release from prison. This
notification is not automatic and will only be done with your written request. Send your request to the Victim Services
Program, PO Box 942883, Sacramento, California 94283.
Parole Conditions
A parolee released from State Prison for a domestic violence offense may be:
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You may call the Victim Services Program at (916) 324-6737 to have input into parole conditions prior to the inmate's
release from prison.
The decision to allow the parolee to reside or have contact with you is based upon the parole agent's assessment of your
safety. Contact the parole agent about your concerns. A parole agent can also serve a restraining order on a batterer, at
your request.
Violation of Parole
If a batterer commits a criminal act such as domestic violence while on parole, he or she is in violation of parole. The
parole agent will conduct an independent investigation into the violation, which is separate from criminal prosecution. The
batterer is subject to both criminal prosecution and parole violation proceedings.
You have the right to report any violation of parole to the parole agent. In the investigation of the parole violation, the
agent will want a police report case number, a statement from you, names and ways to contact witnesses, and
photographs of injuries or property damage.
Morrissey Hearing
You may be subpoenaed to testify if there is a parole violation hearing. This administrative hearing is called a Morrissey
Hearing, and is much less formal than a court trial.
At this hearing, a member of the Parole Hearing Division reviews the evidence of the violation. Although the parolee is
usually present and may ask you questions, extreme cases may require you to be interviewed outside the presence of
the batterer. In that instance, the parolee may leave a list of questions for you to answer.
Following the hearing, the victim may be notified as to its outcome. Violation of parole proceedings may take place with
the batterer in or out of custody. The primary consideration is whether the batterer presents a threat to the safety of
anyone if he or she is not incarcerated.
The consequences for a parole violation depend upon the severity of the charge. Any parole violation may result in
actions that include, but are not limited to the following:
CHAPTER 4: Your Rights and the Family and Juvenile Dependency Courts
A Restraining Order is an order from the court instructing a specified person to stay away from you.
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Order the batterer to move out of your home, even if the batterer's name is on the lease or he or she is co-owner.
Give you custody of your children and make visitation orders.
Order the batterer to pay child support.
Order the batterer not to call or write you or do so through another person.
Divide up some of your property.
Order the batterer to reimburse you for lost earnings and/or actual expenses directly caused by violence.
Relationship: You and the other party must be one of the following: married, formerly married, related by
blood/marriage/adoption, currently living together as "cohabitants", have formerly lived together, currently have or
have had a dating relationship, or are parents in common of minor children.
Violence: The other party must have caused or attempted bodily injury or sexual assault or placed you in
reasonable fear of physical or emotional harm.
If you are married, you do NOT have to get a divorce to obtain a restraining order.
Obtain the forms. Free forms are available at the Family Court Clinic located in the Family Court building, 170 Park
Center Plaza, in San Jose. The telephone number is (408) 299-8567. There will be a fee for parking.
Fill out the forms. You may get help with completing the forms at the Family Court Clinic or from a number of legal
programs in the community (See the Where to Turn for Help section in this booklet).
File the forms with the Superior Court, Domestic Violence Office, 170 Park Center Plaza, in San Jose. There is no
charge for filing.
When you file these forms at the Superior Court, a Temporary Restraining Order (TRO) will be issued. You will be
given a court date when the permanent order will be made.
The Court will arrange to have copies of the TRO sent to the Sheriff's Department who will in turn put the order
into a centralized state-wide registry which will identify the existence of the restraining order throughout the state
for all police agencies.
Serve the order to the batterer. The batterer must be provided legal notice of the hearing for the judge to make
the restraining order permanent. There are a number of ways to have the batterer served:
The batterer's probation or parole officer may serve the order.
A friend or relative over the age of 18 may serve the order.
You can hire a Process Server.
You can request the Sheriff's Department to serve the order for a fee (55 West Younger Avenue in San
Jose).
Once the batterer has been served, the Proof of Service must be filed with the court.
Appear in court for the hearing. You must appear in court for the hearing for the judge to issue the permanent
order. The permanent order will be in effect for three years. The batterer does not have to be present as long as
he or she was served.
Note: If you initiate or accept contact from the batterer, the Restraining Order may be difficult to enforce and even
frustrate the police as they attempt to enforce the order.
If you are not related to the batterer as defined above, you may file a Civil Harassment Order.
The forms may be purchased from Rose Printing, 20 North First Street, San Jose (408) 293-8177.
The completed forms must be filed at the Superior Court, 170 Park Center Plaza, San Jose.
The cost to file a Civil Harassment Order is $182 unless there has been violence or a threat of violence. In cases
where there has been unwanted contact, but no violence, a fee waiver may be available if you are low income.
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Child Protection...
Children in homes where domestic violence occurs are at risk of physical and emotional abuse. Police officers who
respond to a domestic violence incident must assess your children's safety. The officers will decide if the children should
be placed in protective custody or if the Department of Family and Children's Services will investigate.
The Child Abuse and Neglect Reporting Center receives reports of suspected abuse or neglect.
Social workers respond to these reports twenty-four hours a day, seven days a week.
It is important to remember that the safety and well being of children is the primary concern.
The social worker will gather information to determine what services, if any, are needed to keep the children with
you and to support your ability to provide a safe and healthy home.
Services are available in a variety of languages and may be voluntary or court ordered.
If your children are placed in protective custody, or if you feel you need assistance in protecting your children from
domestic violence, the following information is important.
A social worker must investigate the reported incident(s) and make an assessment of child safety.
The focus of services is to keep the children in your home whenever possible.
You may be offered voluntary services to ensure the safety and well being of your children. Crisis intervention and
other supportive services, such as respite child care, counseling, and parenting skills, are available to you.
If your children are not released to your custody within 48 hours, court proceedings will begin. In Juvenile Court you have
the right to:
The judge must decide whether or not to return children to the home and under what conditions. The Court must take the
least restrictive action and make every effort to keep children in their home unless it is not safe.
Crisis Hotlines
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Law Enforcement
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Agtuga, Jacqueline.
A Community Secret: For Filipina in an Abusive Relationship.
Seattle, Washington; Seal Press, 1994.
Browne, Angela.
When Battered Women Kill.
New York; Free Press, 1987.
Evans, Patricia.
Verbal Abuse: Survivors Speak Out.
Hollbrook, Massachusetts; Bob Adams Inc. Publishing, 1993.
Fortune, Marie.
Keeping the Faith: Questions and Answers for the Abused Woman.
San Francisco; Harper, 1987.
Gondolf, Edward W.
Man Against Woman: What Every Woman Should Know About Violent Men.
Blue Ridge Summit, Pennsylvania; Tab Books Inc., 1989.
Jones, Ann.
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Domestic Violence Information and Referral Handbook http://www.growing.com/nonviolent/victim/vict_res.htm
Levy, Barrie.
In Love and In Danger: A Teen's Guide to Breaking Free of Abusive Relationships.
Seattle; Seal Press, 1993.
Lobel, Kerry.
Naming the Violence: Speaking Out About Lesbian Battering.
Seattle; Seal Press, 1986.
Nicarthy, Ginny.
Getting Free: A Handbook for Women In Abusive Relationships.
Seattle; Seal Press, 1987.
Paris, Susan.
Mommy and Daddy are Fighting: A Book for Children About Family Violence.
Seattle: Seal Press.
Renzetti, Claire.
Violent Betrayal: Partner Abuse in Lesbian Relationships.
Newbury Park, California: Sage, 1992.
White, Evelyn.
Chain, Chain, Change: For Black Women Dealing with Physical and Emotional Abuse.
Seattle: Seal Press, 1985.
Zambrano, Myrna.
Mejor Sola Que Mal Accompanada: Para La Mujer Golpeada / For the Latina in an Abusive Relationship.
(Spanish / English).
Seattle: Seal Press, 1985.
Zambrano, Myrna.
No Mas: Guia Para La Mujer Golpeada. (Spanish).
Seattle: Seal Press, 1994.
Acknowledgements:
We would like to offer special thanks to the following programs:
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Community Solutions
Santa Cruz Battered Women's Task Force
Dedication
The Santa Clara County Probation Department is committed to ending domestic violence. This information and referral
handbook, compiled by staff, with contributions from community advocates and other criminal justice professionals, is
dedicated to all victims of domestic violence. It is our hope that information contained in this handbook may contribute to
your personal safety.
Domestic violence is a crime. It is an insidious social problem that seriously impacts the family and causes traumatic
consequences for the victim. It is a crime characterized by intimidation, physical and emotional harm, and coercion and
threats used by the perpetrator to maintain power and control. There are many dedicated professionals and programs
available for your assistance. We want you to know you are a phone call away from someone who cares.
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