“What is a threat?” “Can a threat be considered domestic violence, or is freedom of speech a factor?” “How do I know if I’m being threatened?” These are common questions family law attorneys get asked by clients in troublesome relationships.
Understanding the threshold at which a threat becomes domestic violence is crucial for recognizing and addressing abusive behavior in relationships. In California, domestic violence encompasses a range of abusive actions, including threats that create a climate of fear and intimidation. It’s important to be informed about when a threat crosses the line into domestic violence and the legal protections available to those affected.
Certified Family Law Specialist Judy L. Burger addresses threats and how they relate to charges of domestic violence in California.
What Is Domestic Violence?
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.
- Direct threats: “I’ll kill you…”
- Indirect threats: “You’ll be sorry…”
- Implied threats: “What if something happened to you…”
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.
Legal Domestic Violence Protections
California law offers legal remedies to address domestic violence threats. One important avenue is obtaining a Domestic Violence Restraining Order (DVRO). A DVRO is a court order that provides protection to victims of domestic violence by prohibiting the abuser from contacting or approaching the victim. It can also include other provisions, such as ordering the abuser to move out of the shared residence and to stay away from certain locations, including the victim’s workplace or children’s school.
Our office can also help you when gun violence restraining orders are necessary. Contact one of our eight California offices to learn more.
Get Help with Domestic Violence Crimes In California
When it comes to threats and domestic violence, it’s essential to take any indication of harm or intimidation seriously. If you are in immediate danger, it’s important to contact law enforcement. You should never hesitate to act when you believe you or your child are victims of domestic violence.
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.
Recognizing when a threat crosses the line into domestic violence is a critical step in addressing and preventing abusive behavior within relationships. Certified Family Law Specialist Judy Burger can help you be informed about legal definitions and available remedies so you can proactively protect yourself and your loved ones from the harmful effects of domestic violence threats. If you or someone you know is experiencing domestic violence, get help now.
You can also get immediate assistance by calling the National Domestic Violence Hotline at 1-800-799-7233.