San Jose California Description of Abuse - Domestic Violence Prevention - Vietnamese

State:
California
City:
San Jose
Control #:
CA-DV-101V
Format:
PDF
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Description

This is an official California Judicial Council form dealing with domestic violence. It may be used for domestic violence issues in California courts. Enter the information as indicated on the form and file with the court as appropriate.

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FAQ

Intimate partner violence refers to behaviour within an intimate relationship that causes physical, sexual or psychological harm, including acts of physical aggression, sexual coercion, psychological abuse and controlling behaviours. This definition covers violence by both current and former spouses and partners.

Domestic violence is the willful intimidation, physical assault, battery, sexual assault, and/or other abusive behavior as part of a systematic pattern of power and control perpetrated by one intimate partner against another. It includes physical violence, sexual violence, psychological violence, and emotional abuse.

Any woman who alleges to have been subjected to any act of domestic violence by the offender or any person may file a complaint on her behalf A child is also entitled to relief under the Domestic Violence Act. The mother of such a child can make an application on behalf of her minor child (whether male or female).

Building Your Case: How to Document Abuse Verbal testimony from you or your witnesses. Medical reports of injuries from the abuse. Pictures (dated) of any injuries. Police reports of when you or a witness called the police. Household objects torn or broken by the abuser.

Anyone seeking such an order must be prepared to present some physical evidence in addition to their own written statements and testimony in court. Evidence such as photographs, text messages, police reports or medical records. The court will not entertain a simple exchange of allegations.

4. If you want to tell your side of the story, file a response BEFORE your court date. You can fill out and file a Response to Request for Civil Harassment Restraining Orders (Form CH-120. ) where you tell the judge your side of the story about what happened. Even if you do not file a Response, GO TO YOUR HEARING!

The Centers for Disease Control and Prevention (CDC) identifies four types of intimate partner violence?physical violence, sexual violence, stalking, and psychological aggression.

You can file papers in court asking the judge to find the restrained person in ?contempt of court? for violating the restraining orders. The restrained person could be punished with 5 days in jail for each violation of the restraining order.

Independent, corroborative evidence that can be used in such cases includes a 911-call recording; visible injuries photographed by a police officer or observed by a person other than the victim; physical evidence at the crime scene such as a weapon, broken furniture, victim's torn clothing, or a telephone ripped out of

The more and better documentation you have, the more likely you'll get legal protection, including a protection from abuse order. The types of evidence you have depend on the abuse you're subject to. You need to do all you can to keep yourself and your family safe.

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San Jose California Description of Abuse - Domestic Violence Prevention - Vietnamese