Does Domestic Violence Increase During the Holidays?
Domestic Violence, Restraining Order, Restraining Order

Does Domestic Violence Increase During the Holidays?

The answer is a troubling yes. While the holiday season is often portrayed as a time of joy, family togetherness, and celebration, for many individuals living with domestic violence, it represents a period of heightened danger and fear. Understanding this reality is critical for protecting vulnerable family members and knowing when and how to seek help.

The Statistics Tell a Sobering Story

Recent data confirms what domestic violence advocates have long observed: domestic violence spikes every year during the holidays. The numbers are significant and consistent across different regions.

  • An IPV study based on data gathered between 2005 and 2017 showed that 15% of all domestic violence-related visits to emergency rooms occurred during holiday periods, with New Year’s Eve having the highest incident rate.
  • San Antonio’s Metro Health reports domestic violence cases tend to rise by around 25% during the holidays. This trend isn’t isolated to one community. Police say several factors contribute to the increase in domestic violence during the holidays, including financial stress, alcohol and drugs, holiday shopping pressures, and family dynamics.
  • A 2024 report, “The Costs of Intimate Partner Violence in California,” reveals a cost of $73.7 billion to the state in health care, lost productivity and income, and criminal justice and response program spending for domestic violence cases in 2022 alone. This is about 2% of California’s gross domestic product. 

The pattern extends beyond just major winter holidays. Stress elevates, finances usually take a hit, alcohol and drug use tend to increase, and people are at home more with their family during various holiday periods throughout the year, creating multiple windows of increased risk.

Why Does Domestic Violence Increase During Holidays?

Several key elements create what some advocates call a “perfect storm” of risk factors.

Financial Stress and Economic Pressure

The expectation to buy gifts, host gatherings, and create picture-perfect celebrations places enormous financial strain on households. Financial stress is one of the most significant contributors to the rise in domestic violence during the holidays, as the pressure to buy gifts, host gatherings, and meet societal expectations can strain household budgets, often exacerbating existing tensions within relationships.

Increased Alcohol and Substance Use

The holiday season is often accompanied by increased alcohol consumption, which is a well-known risk factor for domestic violence, as alcohol can impair judgment and lower inhibitions, making it easier for underlying tensions to erupt into physical confrontations. Holiday parties and social gatherings often normalize excessive drinking, providing abusers with both opportunity and excuse for violent behavior.

Heightened Emotional Expectations

The cultural pressure to be happy, grateful, and family-oriented during the holidays creates additional stress for those in troubled relationships. The holidays can be emotionally taxing, as the expectation to maintain a cheerful demeanor, coupled with the stress of family interactions, can lead to heightened emotions, and for those already in volatile relationships, these emotional triggers can escalate conflicts into physical violence.

Increased Time Together and Isolation

With families spending extended time together, such as spouses or parents with school-age children back at home on a school break, the chances of violence within a household increase. Additionally, during the holidays, many support services like shelters and hotlines may have reduced hours or may be understaffed, making it more challenging for victims to seek help or escape abusive situations.

Control and Power Dynamics

While there are several factors that can fuel domestic violence during the holidays, the root cause usually involves one family member exerting control over another. The holidays provide abusers with additional opportunities to isolate victims from support systems, control finances, and manipulate family dynamics.

The Hidden Reality: The Honeymoon Phase

Interestingly, domestic violence shelters report a complex pattern during the holidays. Shelters actually see short dips this time of year, when survivors try to go back home, as the honeymoon phase kicks in with abusers saying, ‘I love you, I’m sorry, it’s the holidays. This cycle makes the holiday period particularly dangerous, as victims may return to unsafe situations hoping for change that rarely materializes.

How Judy Burger Can Help

If you’re experiencing domestic violence, taking legal action can be a critical step toward safety and protection. As a California Certified Family Law Specialist, Judy L. Burger has dedicated her practice to helping victims of domestic violence obtain the legal protection they need. This certification, held by fewer than 10% of California family law attorneys, reflects advanced knowledge and proven experience in family law matters, including domestic violence cases.

Judy can help you obtain a domestic violence restraining order, which can provide multiple layers of protection. In California, these orders can require the abuser to stay away from you, your home, your workplace, and your children’s schools. They can also address child custody and visitation, require the abuser to move out of a shared residence, and prohibit the abuser from possessing firearms.

The Law Offices of Judy L. Burger understands the urgency of domestic violence situations. Judy and her team can guide you through the process of obtaining emergency protective orders, temporary restraining orders, and permanent restraining orders. They can also help you navigate related family law matters, including divorce, child custody, and property division, when domestic violence is a factor.

Beyond restraining orders, Judy can provide comprehensive legal representation if you’re going through a divorce involving domestic violence. She understands how abuse affects custody determinations, spousal support calculations, and property division. Her approach prioritizes your safety and your children’s safety while protecting your legal rights and financial interests.

Recognizing the Signs and Taking Action

Domestic violence takes many forms beyond physical abuse. In California, abuse can be emotional, psychological, verbal, or physical. It can include controlling access to money, isolating someone from friends and family, or engaging in coercive control that interferes with a person’s free will and personal liberty.

If you’re in immediate danger, always call 911 first. Once you’re safe, contacting an attorney who understands domestic violence can help you create a comprehensive safety plan and obtain legal protection.

The time when leaving or planning to leave an abusive relationship can be the most dangerous. Having a skilled attorney on your side ensures you understand your options, have proper legal documentation, and take steps that protect both your immediate safety and your long-term interests.

Holiday Domestic Violence FAQs

Can I get a restraining order during the holidays, even when courts are closed?

Yes. Law enforcement officers can request emergency protective orders from judges 24 hours a day, including holidays and weekends. These emergency orders last 5-7 days and go into effect immediately, giving you time to seek a longer-term domestic violence restraining order from the court when it reopens.

Does a domestic violence restraining order affect child custody during the holidays?

Yes. A domestic violence restraining order can include temporary custody and visitation orders that remain in effect during the holidays. The court prioritizes the safety of children when domestic violence is present, and holiday visitation schedules can be modified or supervised to ensure protection.

What if my abuser promises to change and wants me to drop the restraining order for the holidays?

You should never feel pressured to drop legal protection. The “honeymoon phase,” where abusers apologize and promise change, is a well-documented part of the cycle of violence. Consult with your attorney before making any decisions about modifying or dismissing a restraining order, regardless of promises made.

Can financial stress during the holidays be used as a defense for domestic violence?

No. While financial stress may be a contributing factor to increased tension, it is never an excuse or legal defense for domestic violence. California law protects victims regardless of the circumstances that may have contributed to the abuser’s behavior. Everyone has the right to live free from violence and abuse.

Is there a cost to file for a domestic violence restraining order in California?

No. There is no filing fee to request a domestic violence restraining order in California. The court process is designed to be accessible to all victims of domestic violence, regardless of their financial situation. Additionally, if your restraining order is granted, the court can order the abuser to pay your attorney’s fees and costs.

Take Action to Protect Yourself and Your Family

The holidays should be a time of safety, peace, and genuine celebration—not fear and danger. If you or someone you care about is experiencing domestic violence, especially during this high-risk holiday season, don’t wait to seek help.

The Law Offices of Judy L. Burger is here to provide the legal guidance and protection you need. With offices throughout California and a deep commitment to helping victims of domestic violence, Judy Burger and her team understand the courage it takes to seek help and the urgency of your situation.

Don’t let another holiday season pass in fear. Call The Law Offices of Judy L. Burger now and learn about your legal options for protection. Your safety and your children’s safety are too important to wait. Reach out today—we’re ready to help you reclaim your life and build a safer tomorrow.

If you are in immediate danger, call 911. For confidential support, contact the National Domestic Violence Hotline at 1-800-799-7233.

How Do CA Gun Violence Restraining Orders Work?
Domestic Violence, Restraining Order, Restraining Order

How Do CA Gun Violence Restraining Orders Work?

California is known for strict gun laws to protect its citizens from crime and domestic violence. The state legislature first approved Gun Restraining Orders in 2016. How do CA Gun Violence Restraining Orders work, and when do you need one? CA Certified Family Law Specialist Judy L. Burger discusses CA Gun Restraining Orders and how they work.

What Is a Gun Violence Restraining Order?

A Gun Violence Restraining Order (GVRO) is a court order that prevents someone from accessing firearms and ammunition. It’s also known as a “red flag law.”  

“The GVRO provides an opportunity to remove guns from individuals who would not otherwise be prohibited from possessing firearms.” This legally binding order reduces the risk of gun-related violence for between one to five years, allowing the person in crisis to get help.

The judge may issue a temporary Gun Violence Restraining Order before the scheduled hearing and grant other restraining orders as necessary. A temporary GVRO lasts for 21 days. If the judge grants a 1-5-year GVRO, a law enforcement officer will serve the papers to the person and collect any firearms, ammunition, and magazines. The subject of a GVRO cannot legally purchase any guns, magazines, or ammunition while the order is in force. The court may extend a GVRO.

A GVRO requires the subject of the order to relinquish all firearms and ammunition and prohibits the subject from purchasing any guns or ammunition while the order is in effect.

When Would I Need a GVRO?

When should you consider petitioning the court for a gun violence restraining order? Under California Penal Code Section 18150, a Gun Violence Restraining Order can prohibit an individual who poses a significant danger of self-injury or injuring another from owning, possessing, purchasing, receiving, or attempting to purchase or receive a firearm or ammunition.

Threats or acts of domestic violence are common reasons to ask for a GVRO. The United States Department of Justice defines domestic violence as: “Domestic violence is a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner. Domestic violence can be physical, sexual, emotional, economic, psychological, or technological actions or threats of actions or other patterns of coercive behavior that influence another person within an intimate partner relationship. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone.”

The California Family Code defines domestic violence as abuse perpetrated against an “intimate partner” or family member. This can include spouses, former spouses, cohabitants, individuals in dating relationships, parents, and children. While physical violence often comes to mind first, domestic violence also encompasses emotional and psychological abuse, including threats of harm.

In the context of domestic violence, a threat can be considered abusive if it instills fear, apprehension, or intimidation in the victim. Even if the threatened harm does not materialize, the impact on the victim’s emotional well-being is considered.

How Do I Obtain a GVRO in California?

The following people can request a Gun Violence Restraining Order against an individual:

  • An immediate family member
  • An employer
  • A coworker, if they have had substantial and regular interactions with the subject for at least one year and have obtained the employer’s approval
  • An employee or teacher of a secondary or postsecondary school that the subject has attended in the last six months, if the employee or teacher has obtained the approval of a school administrator or a school administration staff member with a supervisorial role
  • A law enforcement officer
  • A roommate
  • An individual who has a dating relationship with the subject
  • An individual who has a child in common with the subject, if they have had substantial and regular interactions with the subject for at least one year

You can ask a law enforcement officer to ask for a gun violence restraining order. If it is an emergency, you can call police and ask for one right away. If you do not want to call police for help, Family Law Attorney Judy Burger can help you petition the court and handle the details.

Get Help with Gun Restraining Orders in California

You do not have to remain in threatening, abusive, or dangerous relationships. CA Certified Family Law Specialist Judy Burger can help you when you need legal protection or seek to protect someone close to you from committing harm or harming themselves. We have eight offices across California to serve you. Schedule a consultation to get answers to your questions about Gun Violence Restraining Orders and other types of restraining orders. We can offer counsel, help you file petitions with the court, and get the help you need now.  

Is Domestic Violence On the Rise in California?
California Divorce, Child Custody, Domestic Violence, Marriage, Restraining Order, Restraining Order, Termination of Parental Rights

Is Domestic Violence On the Rise in California?

As conversations surrounding domestic violence increase, residents need to understand the current state of this serious issue in California. Domestic violence, which encompasses physical, emotional, and psychological abuse, has far-reaching consequences for individuals and communities. CA Certified Family Law Specialist Judy L. Burger explores this topic so you can better understand the challenges we face in combating domestic violence in the Golden State.

Startling Facts On Domestic Violence

The following facts are based on the 2023 California Violence Experiences Survey (CalVEX):

  • More than half of California women experience intimate partner violence in their lifetime.
  • One in 30 women – more than 460,000 in California – experienced physical and/or sexual violence from a partner in just the past year, and those reporting these abuses in the past year faced greater health and social risks.
  • 9% of women and 31.1% of menin California experience intimate partner violence or stalking in their lifetime. 
  • In 2021, California reported over 1,300 human trafficking cases, the most reported cases of human trafficking in the United States.

“Women who experienced intimate partner violence in the past year are more likely to be contending with depression, anxiety, and suicidality, and they are also more likely to have faced recent eviction,” said Jakana Thomas, a professor of political science at the School of Global Policy and Strategy.

A 2024 report, “The Costs of Intimate Partner Violence in California,” reveals a cost of $73.7 billion to the state in health care, lost productivity and income, and criminal justice and response program spending for domestic violence cases in 2022 alone. This is about 2% of the gross domestic product for California. 

Factors Contributing to the Rise

Domestic violence is a complex issue influenced by various social, economic, and psychological factors. Some of the reasons contributing to its rise may include:

  1. Economic Stress: Economic challenges, such as unemployment or financial insecurity, can increase tensions within households, leading to conflicts that may escalate into violence.
  2. Increased Substance Abuse: Stressful situations can lead to increased alcohol or drug use, which may contribute to aggressive behavior and exacerbate existing tensions in relationships.
  3. Social Norms and Attitudes: Societal acceptance of violence as a means of conflict resolution can perpetuate cycles of abuse. Cultural attitudes towards gender roles and power dynamics in relationships can also impact the prevalence of domestic violence.
  4. Lack of Education and Resources: A lack of education about healthy relationships and available resources can keep victims stuck in abusive situations. Many may not know how to seek help or where to turn.
  5. Historical and Ongoing Trauma: Individuals who have experienced violence in their own families or communities may be more likely to either perpetrate or experience domestic violence themselves, perpetuating cycles of abuse.

Domestic Violence and the Law

The United States Department of Justice defines domestic violence as: “Domestic violence is a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner. Domestic violence can be physical, sexual, emotional, economic, psychological, or technological actions or threats of actions or other patterns of coercive behavior that influence another person within an intimate partner relationship. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone.”

California law specifies that domestic violence encompasses any type of abuse inflicted upon an “intimate partner,” which is broadly defined to include almost a dozen different relationships. This includes the deliberate or careless application of physical force against the individual or the act of threatening to use force against them.

The Importance of Taking Action

The issue of domestic violence is critical. Do not wonder how long you must suffer – when you or your child experience abuse or feel threatened, that is the time to act. If you or someone you know is experiencing domestic violence, please reach out to the National Domestic Violence Hotline at 1-800-799-SAFE (7233). Contact The Law Offices of Judy L. Burger for immediate assistance with obtaining a restraining order. Together, we can work towards breaking the cycle of violence and creating a safer future for everyone.

 

CA Gun Restraining Orders
Restraining Order, Domestic Violence, Restraining Order

CA Gun Restraining Orders

The Golden State has some of the toughest gun laws in the United States to protect its citizens from domestic violence and firearm crimes. CA Gun Restraining Orders were approved in 2016 by the state legislature so “family members, household members, some employers, colleagues, teachers, and law enforcement can take action to prevent a person who poses a significant risk of harming themselves or others from having or purchasing a gun, ammunition, or magazine for a specified length of time, between 21 days and five years.”

When would you need a Gun Violence Restraining Order (GVRO), and what protections does it provide? CA Certified Family Law Specialist Judy L. Burger discusses CA Gun Restraining Orders and how they work.

California Domestic Violence and Firearm Restrictions

California law prohibits anyone from buying or owning firearms for 10 years after a violent misdemeanor conviction, including stalking, assault, and battery, no matter the victim’s relationship to the offender. Newer legislation now provides a lifetime firearms ban on anyone convicted of willfully inflicting corporal injury resulting in a traumatic condition against a current or former spouse, cohabitant, or dating partner or against the mother or father of the offender’s child after January 1, 2019.

California law also prohibits anyone subject to several types of court orders from buying, receiving, owning, or attempting to buy a firearm or ammunition while the order is in force. This includes domestic violence restraining orders, civil harassment orders, workplace violence restraining orders, and more.

California also prohibits people who are subjects of domestic violence restraining orders from owning or possessing ammunition and certain ghost gun kits and firearm components.

How Do CA Gun Violence Restraining Orders Work?

“The GVRO provides an opportunity to remove guns from individuals who would not otherwise be prohibited from possessing firearms.” Those in a close relationship with a person facing a crisis and whom they fear is at significant risk of lethal behavior (to themselves or others) may petition the court for a GVRO. This legally binding order reduces the risk of gun-related violence for between one to five years, allowing the person in crisis to get help.

The judge may issue a temporary Gun Violence Restraining Order before the scheduled hearing and may also grant other restraining orders as deemed necessary. A temporary GVRO is good for 21 days. If the judge grants a 1-5-year GVRO, a law enforcement officer will serve the papers to the person and collect any firearms, ammunition, and magazines. The subject of a GVRO cannot legally purchase any firearms, magazines, or ammunition while the order is in force. A GVRO may be extended by the court.

What a GVRO Does

A GVRO requires that all firearms and ammunition be relinquished by the subject of the order and prohibits the subject of the order from purchasing any guns or ammunition while the order is in effect.

What a GVRO Does Not Do

A GVRO does not affect knives or other non-firearm-type weapons. It does not include an order of protection for anyone. Additional protective orders may be granted by the court if needed.

Get Help with Gun Restraining Orders in California

Relationships can become complicated, and the risks of violence can escalate quickly. CA Certified Family Law Specialist Judy Burger can help you when you need legal protection or seek to protect someone close to you from committing harm or harming themselves. Contact one of our eight offices across California to schedule a consultation. We can answer your questions about Gun Violence Restraining Orders and other types of restraining orders, offer advice, help you file petitions with the court, and get the help you need now.

 

How Far Is Too Far When Considering a Domestic Violence Restraining Order?
Domestic Violence, Restraining Order

How Far Is Too Far When Considering a Domestic Violence Restraining Order?

A Domestic Violence Restraining Order provides significant legal protections for you and your children. These legal orders are specifically for people with whom you have had a close relationship, including family, in-laws, current or former dating partners, current or former spouses, and others.

Filing for a domestic violence restraining order against someone is a big step that should be considered carefully. It is often an emotional and traumatic time, and numerous factors and circumstances can cloud your thinking. How do you know when it’s time to obtain legal protection? Or, how far is too far when considering a domestic violence restraining order?

Defining Domestic Violence

The United States Department of Justice defines domestic violence as follows:

“Domestic violence is a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner. Domestic violence can be physical, sexual, emotional, economic, psychological, or technological actions or threats of actions or other patterns of coercive behavior that influence another person within an intimate partner relationship. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone.”

Accordingly, you should consider a domestic violence restraining order when you are subjected to behaviors that:

  • Intimidate
  • Manipulate
  • Humiliate
  • Isolate
  • Frighten
  • Terrorize
  • Coerce
  • Threaten
  • Blame
  • Hurt
  • Injure
  • Wound

Such behavior toward you or your children is sufficient grounds for filing to obtain an order of protection. However, keep in mind that the court will need proof that some sort of threatening behavior has affected or is likely to affect you and/or your children.

How Far Is Too Far?

Asking, “How far is too far?” or “How much should I put up with?” before considering a domestic violence restraining order is not necessarily the right question. When you or your child experience abuse or feel threatened, that is the time to act. Contact The Law Offices of Judy L. Burger for immediate assistance with obtaining a restraining order.

You can also get immediate assistance by calling the National Domestic Violence Hotline at 1-800-799-7233.

How to File for a Domestic Violence Restraining Order

Certified CA Family Law Specialist Judy Burger can walk with you through the difficult circumstances that prompt filing for a domestic violence restraining order in California. She will help you construct the necessary petition to present to the court. Imagine drawing a blueprint for a court testimony – your petition should contain similar elements, including:

  1. Specific details of the threats or abuse to you or your child. Record all the dates, locations, and other facts you can remember.
  2. Evidence that backs up your petition, like emails, texts, pictures, social media posts, damaged property, or physical marks on your/your child’s body.
  3. Witness or expert statements that back your petition, like doctor’s notes, photos, witness testimonies, and more, in written or digital media.
  4. Ask for what kind of help you need. What do you need the order to accomplish? Stop the abuse, prohibit contact, protect your children, provide support, or other measures.

File the Petition

Turn in your request to the court. A judge may also grant you an ex parte (emergency) hearing and order of protection in certain circumstances.

Serve Notice

The party from whom you seek protection will be served an official notice of the pending court action and any ex parte orders against them.

Appear in Court

You and the other party appear in court to present your cases to a family law judge. He or she will issue orders accordingly.

Get Help from a Certified Family Law Specialist

Attorney Judy Burger can help you more in a confidential consultation. She knows how to take immediate steps to protect you and your privacy and can offer more guidance about what you should do next. Contact The Law Offices of Judy L. Burger at the location nearest you in North, Central, and Southern California to get the help you need to stop the abuse.