Is Domestic Violence On the Rise in California?

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.

 

What Are Sufficient Grounds for an Elder Abuse Restraining Order?

What Are Sufficient Grounds for an Elder Abuse Restraining Order?

Elder abuse is a serious issue that affects many older adults across California. To protect vulnerable individuals aged 65 and older, the state provides legal avenues such as restraining orders to prevent further harm. Understanding what constitutes sufficient grounds for an elder abuse restraining order is crucial for both victims and their families.

California Certified Family Law Specialist Judy L. Burger explores the various forms of elder abuse and the legal criteria necessary for obtaining a restraining order in California.

What Constitutes Elder Abuse?

The Elder Abuse and Dependent Adult Protection Act (EADACPA) defines abuse of an elder or a dependent adult as “either (a) physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment with resulting physical harm or pain or mental suffering, or (b) the deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering.”

  1. Physical Abuse: Inflicting physical pain or injury, such as hitting, slapping, or inappropriate restraint.
  2. Emotional Abuse: Causing mental suffering through verbal assaults, threats, or intimidation.
  3. Financial Abuse: Illegally taking, withholding, or misusing an elder’s funds or property. This may include fraud, scams, or coercion.
  4. Neglect: Failing to provide essential care that results in harm to the elderly, such as inadequate food, shelter, or medical care.
  5. Sexual Abuse: Any non-consensual sexual contact or exploitation.
  6. Abandonment: Leaving an elder without necessary care or assistance.

Family Law Attorney Judy Burger can explain more and help you determine if you have a case to petition the court for a domestic violence/elder abuse restraining order to protect someone you love.

Grounds for Obtaining an Elder Abuse Restraining Order

In California, the elder abuse restraining order is designed to provide immediate protection for older adults experiencing abuse. To obtain this type of restraining order, the following conditions must typically be met:

Proven Abuse or Threat

The petitioner must demonstrate that they have experienced or are at risk of experiencing abuse. This can be evidenced through:

  • Medical reports documenting injuries
  • Photographs of physical harm
  • Witness testimonies
  • Documentation of financial exploitation

However, the CA Welfare & Institutions Code section 15657.03 allows the court to restrain any person to prevent a recurrence of abuse if a declaration shows reasonable proof of a past act or abuse of the petitioning elder or dependent adult. This means the court may grant an elder abuse restraining order on a preponderance of the evidence. Additionally, the court in Gdowski v. Gdowski (2009) 175 Cal.App.4th 128 held that a protective order under EADACPA may be issued based on evidence of past abuse without any particularized showing that wrongful acts will continue or be repeated.  

Relationship with the Abuser

The abuser must have a specific relationship with the victim, such as a family member, caregiver, or someone with whom the elder has a close relationship. It’s important to establish that the person posing the threat has direct access to the elder.

Immediate Danger

The elder or a loved one must show that they are in immediate danger of harm or that harassment and abuse are likely to continue without court intervention. This may include verbal threats, stalking behavior, or prior incidents of abuse.

Request for Supportive Evidence

While a detailed record of incidents is vital, the court will also look for any patterns of abusive behavior over time. This can include the frequency of past incidents, the level of intimidation experienced, and the emotional impact the abuse has had on the elder’s mental health.

Protect Your Loved Ones from Elder Abuse

Navigating the legal system can be daunting, especially for vulnerable seniors. If you or a loved one is dealing with elder abuse, it’s vital to seek legal assistance. CA Family law Attorney Judy Burger can guide you through the process of obtaining an elder abuse restraining order, ensure that you have the necessary documentation, and represent your interests in court.

Elder abuse is a grave concern, and understanding the grounds for obtaining a restraining order can be a vital step toward ensuring safety and protection. If you suspect that an elder is being mistreated, take action to help safeguard their well-being. No one should endure abuse, and the law provides resources to defend those who cannot defend themselves. For personalized advice and assistance, reach out to The Law Offices of Judy L. Burger. We have eight convenient locations across California to serve you.

 

Family Lawyer or Certified Family Law Specialist?

Family Lawyer or Certified Family Law Specialist?

When family law matters occur, you need a family lawyer, right? But what about complex situations? A Certified Family Law Specialist is just that – a certified specialist who handles complicated and difficult family law cases. When you have a heart problem, you don’t want a general practitioner; you want a heart specialist. Similarly, when your family has serious problems, turn to a CA Certified Family Law Specialist like Judy L. Burger.

What Is a Certified Family Law Specialist?

A Certified Family Law Specialist is an attorney who has been certified by the State Bar of California Board of Legal Specialization as having expertise in the area of family law. This certification is only awarded to attorneys who have demonstrated a high level of experience, proficiency, and commitment to family law through a rigorous process that includes examination and peer review. Certified Family Law Specialists are recognized for their specialized knowledge and proficiency in handling complex family law matters, including divorce, child custody, spousal support, complex property divisions, and other related issues.

A Certified Specialist Has Extensive Experience in Complex Cases

Certified Family Law Specialists are required to maintain their expertise by handling complex family law cases in order to expand their knowledge and experience. To maintain their certification, they must undergo recertification every five years, which involves completing additional continuing education and applying their extensive knowledge to assist California families.

A CFLS will have considerable experience with:

  • Divisive legal separations after a long marriage
  • Difficult divorces where the parties cannot agree on anything
  • Military divorces where both parties are actively serving
  • Complex business valuations where both spouses are owners
  • Sophisticated property divisions involving retirement and other investments
  • Heated mediations over support agreements
  • Emotionally charged situations involving different family backgrounds
  • Intense negotiations involving children and custody
  • Heart-wrenching discussions over grandparents’ rights
  • Litigating difficult child custody and support cases
  • Ex parte “emergency” hearings to stop or prevent abuse
  • Domestic violence assistance for spouses and children
  • Complex paternity issues for fathers
  • Completing and filing voluminous paperwork
  • More…

Experienced and highly knowledgeable in family law, Judy Burger, a Certified Family Law Specialist, brings a wealth of expertise and legal acumen to the table. Her extensive education, years of practical experience, and specialized certification make her an ideal choice for obtaining the results you seek in your family law matters.

A Family Law Generalist May Not Be Enough

Difficult family law matters are often mentally and emotionally challenging. The possible complexities and problems are legion and no two cases are alike. A general family law attorney may know the law, but highly charged issues with layers of complexity can be beyond their level of expertise. Realizing your lawyer is out of his or her depth in the middle of your divorce, child custody battle, or other personal matter is far too late. You could risk:

  • Losing custody
  • Limited visitation rights
  • Surrendering valuable assets
  • Burdensome support agreements
  • Your personal safety
  • Your family’s welfare
  • Your reputation
  • Your future

An experienced CFLS like Judy Burger encounters tough cases on a regular basis, so she has experience and resources a general family law attorney simply doesn’t have. If you anticipate a volatile situation in the making, now is the time to see a specialist for seasoned guidance, advice, and representation.

Don’t risk your safety, your family, or your future. Contact The Law Offices of Judy L. Burger, Certified CA Family Law Specialist, to schedule a consultation today. Our team is prepared to go above and beyond what a mere family lawyer can do for you!

 

Can a California Restraining Order Keep Me Safe?

Can a California Restraining Order Keep Me Safe?

A California restraining order “(also called a ‘protective order’) is a court order that can protect someone from being physically or sexually abused, threatened, stalked, or harassed.” But can a restraining order keep you safe? Certified Family Law Specialist Judy L. Burger explains the basic provisions of California restraining orders and how they work.

Types of Restraining Orders

Restraining orders in California can include prohibitions or guidelines for:

  1. Personal Conduct
  2. Distance Exclusions (Stay-Away Orders)
  3. Moving Out (Residence Exclusion Orders)

These orders come in various types:

The subject of the restraining order has restrictions that govern their:

  • Movements
  • Freedoms
  • Living arrangements
  • Custody and visitation rights
  • Immigration and naturalization status or privileges

Restraining orders are designed to keep parties separate and govern the actions of one party to minimize or eliminate the risk of harassment, intimidation, and violence.

When Should I File for a Restraining Order?

Many California residents struggle with the question of when it is appropriate or necessary to file for a restraining order with the court. They ask, “How far is too far?” or “How much should I endure?” before a restraining order is warranted. However, if you are asking that question, it may already be time to seek legal protections.

If you ask, “How far is too far?” or “How much should I endure?” before a restraining order is warranted, it is likely time to seek legal protection.

Contact The Law Offices of Judy L. Burger for assistance with obtaining a California restraining order or call the National Domestic Violence Hotline at 1-800-799-7233 for immediate help.

If the restrained person violates the restraining order, they may be subject to imprisonment, a fine, or both.

Be Proactive About Your Safety

A legal protection order is a strong defense, but it is only one aspect of protection. You should be proactive about your own safety and the safety of your child(ren). Family Law Attorney Judy Burger can discuss specific provisions with you, but we recommend taking the following actions:

  • Being aware of your surroundings at all times
  • Keeping doors and windows locked at all times
  • Avoiding places or areas where the risk of confrontation is high
  • Do not share your residence information, plans, or whereabouts on social media or with anyone
  • Create an emergency plan in case you need to leave your home or another location
  • Use a third party for any necessary communications with the restraining order subject
  • Immediately report all violations of the restraining order’s provisions

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 and help you keep yourself and your children safe. Contact one of our eight offices across the state for more information.

Get Help Filing for a Domestic Violence Restraining Order

The Law Offices of Judy L. Burger can help you file a petition to the court for various restraining orders. The petition outlines the details of the threats or abuse prompting the order request and includes dates, locations, and all relevant facts. We will also help you collect evidence like videos, images, social media posts, damaged property, physical evidence on your body, medical reports, witness statements, and more. Our team will also help you determine the type of restraining order you need and what you need it to do.