Domestic Violence Forms California 2014

Let’s start with the issue of service. Your mother must be served personally a formal Notice and Petition for the relief you need. Generally, police do not travel out of state to serve this notice. It’s a step that must be assumed by the Petitioner, you. Your letter is not a Notice or a Petition.It’s not difficult to do this. But it must be done correctly.YOU CANNOT PERFORM THIS STEP YOURSELF. Anyone over the age of 18 — your BFF, your cousin, a volunteer — can give this a shot. But it is better to engage the services of a professional process server in that state who knows how to do it correctly and can supply you with the signNowd affidavit of service. Supply pictures of your mother, a description of the car she drives and the license plate, and anything else that will help them follow her around and give her the legal papers.N.B.: There are many ways to serve legal documents. Those don’t apply to you. Personal service is required.This is easy. But it is also easy to screw up. Once performed, you win.Here’s what you serve. You fill out a petition. Here’s the Instructions. Indiana has people who will help you do this. There are other forms to fill out, which will also be supplied by the agency that handles this. (Which is not the police.)Your letter is helpful. The fact that you sent it demonstrates how important this is to you and the lengths you have gone to already. Judges like that.In Indiana, your situation falls under Indiana’s Code Title 34 § 34-6-2-34.5 “Domestic or family violence”:Sec. 34.5. “Domestic or family violence” means, except for an act of self-defense, the occurrence of at least one (1) of the following acts committed by a family or household member…A list of acts follows that may apply to you: Physical harm, acts that cause a fear of physical harm, sexual abuse, or harm to a family pet. This section ends with this:For purposes of IC 34-26-5, domestic and family violence also includes stalking (as defined in IC 35-45-10-1).So let’s look at that clause.“IC 34-26-5” refers to the Indiana Civil Protection Order Act. Under § 2 (a) of that law:A person who is or has been a victim of domestic or family violence may file a petition for an order for protection against a: (1) family or household member who commits an act of domestic or family violence; or (2) person who has committed stalking under IC 35-45-10-5 …Note the language. The words “has been” relate to you.“IC 35-45-10-1” defines stalking:Sec. 1. As used in this chapter, “stalk” means a knowing or an intentional course of conduct involving repeated or continuing harassment of another person that would cause a reasonable person to feel terrorized, frightened, intimidated, or threatened and that actually causes the victim to feel terrorized, frightened, intimidated, or threatened. …Emphasis is added by me, to make this crystal clear.Go down to your local courthouse and fill out a petition. Describe your situation, your relationship, and your FEELINGS OF FEAR and INTIMIDATION caused by this THREATENING conduct.Include details about the history of DOMESTIC OR FAMILY VIOLENCE between you, i.e., the victim, and this person who lives in another state.Include your mother’s date of birth and/or her Social Security Number. If your petition is approved and you obtain an order of protection, her name will be on a database accessed by law enforcement all over the country.Pick up all the police reports and include them with your petition.Submit any original proof you sent this letter. It will show who signed for it and that you asked this person to stop. It also has an address, which is convenient.Request an ex parte order if asked.Note this “violence” does not require physical violence by person A to person B. This is not the dictionary definition. It’s a legal definition that the State of Indiana has described which specifically includes feelings of fear, intimidation and/or terror — stalking.And anyway, the judge may view the banging on the door in the middle of the night to be physically violent. What reasonable person wouldn’t crawl under the bed and be afraid to come out?You should also become familiar with THIS law, which explains what constitute a felony in Indiana:Indiana Code Title 35. Criminal Law and Procedure Indiana Code § 35-45-10-5Paragraph (a) says:A person who stalks another person commits stalking, a Level 6 felony.The threat of being charged with a felony would stop a lot of people from making that drive across state lines.A little bedside reading wouldn’t hurt. I recommend ‘Federal Domestic Violence and Stalking Crimes Case Law’ by the National Center on Protection Orders. Pleasant dreams.

My top recommendation would be to follow these steps:Call 911The first thing a domestic violence victim must do is call 911 immediately. The police will take a report and possibly arrest your partner. If you have been physically harmed, seek medical attention and have any injuries not only documented but photographed. If you do not feel safe going back to your home, contact relatives or friends and see if you can stay with them temporarily. Other alternatives include going to a domestic violence shelter. If anyone witnessed the abuse, ask them if they will testify for you in court.File a Protective OrderFor many domestic violence victims, filing a protective order against their abuser is a wise move. In Maryland, you may receive a protective order from either your county’s district or circuit court. Those eligible for a protective order include a current or former spouse of an abuser, an abuser’s cohabitant who is either involved in a sexual relationship with the abuser or who has lived with the abuser for at least 90 days, a person who has had a sexual relationship with an abuser within one year of filing for the order, a person who has a child with the abuser, or a person related to the abuser by marriage, blood or adoption. Any vulnerable adult may also file a protective order.When filling out the form, you must include why you are seeking protection. List every example of abuse you have been subject to by this person, including threats of violence. Often, the abuser provides their victim or the victim’s family members with support, making it less likely that a victim will press charges. When filling out the form, you can request Emergency Family Maintenance. Have copies of any financial information you have for the abuser, such as pay stubs or banking records, and provide a list of your living expenses, such as rent or mortgage payments, utilities, car payments and the like. The form does not need to include your address is you are staying elsewhere and do not want the abuser to know your whereabouts.With a protective order, a judge can not only inform the abuser to stop harassing or threatening you but can order the abuser to leave the marital home. If you are not married but live together with your name on the deed or lease, the judge can order the abuser out of the residence. If you are concerned about the welfare of pets owned by you and the abuser, the judge can award you temporary possession of such animals. The judge will also order the abuser to surrender any firearms to police if that person either threatened you with a gun or caused or threatened to cause you serious injury.Final Protective Order HearingA temporary protective order lasts just seven days, but you can attend a final protective order hearing at the end of that time to extend the protective order. Have all necessary documentation concerning your abuse with you. The judge hears your side of the story, but also that of your abuser if they attend the hearing. Your abuser also tells their version of the story, and the judge makes a decision about whether abuse occurred when deciding to extend the protective order. Your abuser may have an attorney present, and it is critical that you also have legal representation.

There is really no way of knowing in what ways things would be different. However, there are certain attitudes that changed over the years.When I left home, I escaped that violence. I was going to change the world for the better. I was going to be everything that my family was not, and that was going to make all the difference in the world. Where they encouraged meanness, I was going to be kind. Where they encouraged violence, I sought only non-violence. I was 19, young, and naive.By age 21 I was married to my high school girlfriend who had fallen in love with someone else 2 years earlier and we had broken up. Obviously she had seen the light, how much I cared, and returned, right? She was still in love with him and only needed me to escape family. I was a stepping stone to get to her true love. That relationship was full of emotional abuse and where I entered hoping to change the world, I left treading on eggshells with head bowed. I stopped looking at people, afraid to set off my wife. Even though she was in love with someone else and intending to leave me, the idea of me doing that first was frightening, so she resolved to prevent it through control of my every day behavior. It was better not to set her off.My second wife seemed different, it always works that way. People tell you that you should see it early, but that’s just society’s way of blaming you. Following the barely managed escape at the edge of suicide, and nearly drinking myself to death. My 2nd wife saw these symptoms, I was the perfect person to try to control. I entered into the relationship with thoughts of love. She entered into relationship with thoughts of control.That relationship nearly killed me. I gave up. The person who wanted to change the world died somewhere along the way. Two abusive relationships? After growing up in abuse? I lost hope. I let her kill me. “Till death do us part,” meant I was going to die this time. I very nearly did. I really should have by all rights. I didn’t come out whole, neither in mind, nor body.It’s hard to say what I would be like had these relationships never occurred. The demoralization of spirit to realize that you’ve become a serial abuse victim. To have people point it out to you with snickers, to jeers.*sigh*

It takes substationally longer to register to own a gun. For example. I'm gun shopping right now. I'm looking at buying a new shotgun. I need something light and easy to maneuver. I am intending it for duck and dove hunting but also for run and gun phesant hunting. It must hold a maximum of 3 shots. Id prefere it to be 12 gauge to be compatible with my existing stock of ammunition. I dont know if i want side by side, pump, semi, or over under.I've looked at out 6 stores and checked out their shotguns and have not found anything I like yet. I've been out and about for roughly 8 hours now looking at guns.Now that I think I found what I'm looking for at my 7th shop. I got a choice. This franchi affinity, browning a5, Winchester super x4. I'm leaning towards the affinity. Franchi is a good brand and the shotgun feels nice. I can see it being heavily used.Took me 20 minutes to fill out my paperwork. I paid the nice young woman. I now have to wait a full week for my shotgun.While I'm here I have decided to pick up a small pistol for my neice and nephews to plink with. I have settled on a river gp100. I have paid the nice lady and filled out another 4473 and must wait 2 weeks before I can pick it up.By contrast, I registered to vote and was literally done in 30 minutes…..would of been less then 5 but the elevator was out of service so had to walk up 3 flights of stairs and wait for the slow as molasses acne ridden hipster take his sweet time to get to me in line.As for purges. It is illegal for a gun purge. Once you own the gun you own it and the documents stating you own it are to be held for a set period of time before being given to the National Tracing Center. Not sure about the purging laws for voting.

Honestly I don’t know how I would have if it wasn’t for my mum. She got me out of a situation I didn’t know how to escape myself.It’s hard because you’re terrified to leave, and your also blinded by the manipulation. Even when a big part of you knows what’s happening is wrong. For a long time you think you can fix things, just maybe it will get better. For awhile, you think maybe you deserved it. If you had just done what you were told.. I struggled after my mum got me out. I struggled to accept that I didn’t deserve what he did to me.It’s been 7 years I think since I left, and I’m still working on myself. I’ve come a long way, a lot of which is thanks to my partner. He has helped me every day for the last few years, and continues to. But I’m still working on my confidence, self esteem, and finding my voice.Survival is an ongoing process. It’s not something you just get over. For some it will be a life long battle. Personally, I won’t accept that. I won’t allow what happened to me control the rest of my life.I’ve worked damn hard. I’m still surviving, but I’m also thriving.

The other answers are correct as it applies to the police.  However, in most jurisdictions, you cannot obtain a restraining order on behalf of another person, unless the person is a minor.The victims of the threat, i.e. your daughter and husband, would have to apply for the restraining order themselves.  You can be listed as an additionally protected person.In many courthouses, they have domestic violence programs that will assist you in completing the paperwork and getting a temporary order until the court can actually receive evidence and take testimony.I would urge you to contact your local courthouse and find out if they have a restraining order center or similar office that can assist you.  Where I live, in Los Angeles, the court has a full-service self help center that can answer most of your questions and get your paperwork filled out properly and filed with the court.

Yes.I have and would again, because I was once that person who needed help leaving myself.Many people who haven't been there believe that they're being helpful and mean well in referring someone to a shelter, and I'm sorry if this offends anyone — y'all have no clue.Most shelters are continually at capacity and have wait lists of anywhere from 6 months to a year (or even longer). Also, homeless shelters are not remotely close to the help someone leaving a DV situation needs and are not safe houses as many women's shelters are, and there are not a huge number of them; some cities don't even have homeless shelters, much less DV ones…and not all DV victim shelters serve all victims. For example: a ministry-run shelter may not accept someone who is LGBTQ+, regardless of any danger they may be in (some homeless shelters have the same limitation) or some only accept women brought or referred by the local police department.There is a serious need for men's DV shelters as well. Many don't realize that men can also be DV victims — the rate of male victims is lower than that of women, but still signNow, and it should be remembered that the rates of abuse are based on reported cases; it may be closer to or equal to the rate of women who are victims, as there are many men who feel even less safe reporting their abuse due to stigma.While I can certainly understand not wanting to be placed in a potentially dangerous situation by taking in someone fleeing DV, the general lack of knowledge about the reality of how unlikely it is that one can “just leave” without needing help getting on their feet or a place to stay between leaving and getting into a shelter contributes hugely to the attitudes those leaving or wanting to leave an abusive situation face…and to why many end up going back to their abuser — when you have nowhere to go (especially if you have children to take care of) and can't get the help you need, there are fewer options than y'all realize.This ignorance is inexcusable when it is used to perpetuate the idea that some “like” the abuse or it's “useless” to help if they might go back.Y'all may mean well, but meaning well doesn't stop those perceptions, does it? Since I've seen a few of them voiced in this thread by people who obviously do mean well, you probably don't even realize how harmful those are to someone who is trying to break free and can affect their success at breaking the cycle of violence.I'd like to suggest that some read up on barriers to leaving abusive relationships/DV. Google is your friend.It is NOT as simple as “just leaving.” You should educate yourself if you think so.In fact, I'll make it easy for y'all; I'm on Pinterest as Down The Rabbit Hole: Life With Chronic Daily Migraine and Depression at https://www.pinterest.com/selenawilson70 and there is an entire board devoted to DV and abuse (Abuse Isn't Just Hitting and Bruises) that has information about barriers to leaving, among other things.You may also find some helpful resources there that you can pass along if someone asks you for help.

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