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New Domestic Violence Laws Will Impact California Residents in 2014

California Governor Jerry Brown has signed into law some new protections for domestic violence victims that will take effect as of January 1, 2014. The first one helps renters to quickly get out of their lease if they are concerned about an offender finding them, harassing or stalking them. In the past, a victim might move away to an obscure place to get away from the offender and “hide” because they were afraid of any repercussions after the he got out of jail. However, in some cases the offender would track the victim down and find her anyway. If the victim had signed a lease, they were stuck to either pay it off or wait it out, hoping for the best and living in fear.

Last summer, the ex-wife of a client of ours called us because she was helping her ex-spouse to find a court ordered 52-week domestic violence class after he had spent time in jail for physically assaulting her. She had moved away but was in contact with him via email and phone. She thought she had found an obscure place to live so that he’d never be able to find her, but was trying to stay on the best possible terms with him. One day her neighbor told her that while she was at work, a man had been lurking around the front of her porch area that faced out on the street and looking at her front door. When I spoke with her she was worried about her safety and stressed because she had signed a lease and couldn’t move for another 5 months. Thankfully now, with this new law, all she would have to do is show the landlord some sort of proof that she’s been abused and the landlord would have to let her get out of the lease to move away for her own well being without any monetary repercussions.

Another law that goes into effect, SB 400, extends the current California Labor Code section 230. Currently, the law says that employers with 25 or more employees can’t threaten to discharge, discriminate against or retaliate against employees that are domestic violence or sexual assault victims. They must be allowed to take time off from work to see doctors, social services or go to court hearings related to the incident. The new law extends this same protection to victims of stalking as well (like the woman noted above).

The definition of stalking covers behavior that includes purposely following, harassing or making threats with the intent of making the victim fearful for his/her safety or that of her immediate family. SB 400 suggests that employers do their best to provide a safe work environment by transferring or changing the employees work schedule, changing the employees phone number and/or location within the building, installing new locks if applicable, and helping the person to find victim assistance outside of the company. Basically, the company must get involved to do their best to make the workplace a safe environment for that employee.

Both of these new laws are part of the state’s fight to combat domestic abuse. Once a domestic abuse situation is reported to the authorities, they are required to complete a report and make an arrest if there is visible injury. If convicted, a DV offender in California can expect some or all of the following punishments: jail time, fines, mandatory batterers intervention counseling, alcohol education classes, restraining orders and termination or suspension of child custody or visitation. For help in this arena, online domestic violence classes, group in-person classes and one/one therapy are available to the offender to stop the behavior before it comes to all this, or for court orders.

What To Expect After DV Arrest

In many domestic violence situations, the victim doesn’t want to report his or her spouse because she is afraid of the repercussions. She is scared of reprisal or financially unstable and can’t afford to get away. Sometimes victims don’t know where to turn because they don’t want close friends to find out or can’t face possible loss of employment. And of course, there’s the ongoing hope that the behavior will change and things will work out. If you are a victim of domestic abuse, we know it’s not easy to make the call, but it’s necessary to help end the abuse. If you are a perpetrator or victim and are wondering what to expect once it’s reported, here’s a quick synopsis.

The exact laws vary a bit from state to state, but in general, if you, a neighbor or friend report the abuse to the authorities, law enforcement must make an arrest if there is any type of probable cause. It’s no laughing matter in the eyes of the court; therefore many jurisdictions have zero tolerance policies. In most cases, once the defendant is charged for domestic violence, the victim cannot stop the process by saying they no longer want to press charges. There are many reasons for this including the fact that the state believes that the abuse will get progressively worse and that the victim might be under pressure to drop the charges by the defendant. So when an individual is charged with domestic assault, the charge now is coming from the state, not the victim.

In some states prohibited acts include physical violence and also threat of physical violence. This means that the aggressor states that he will hurt you without actually following through with it. Additional charges are added in some states like Utah if a child is present to witness the domestic violence. Aggravated stalking – following someone around, checking their mail, listening to voice mail, reading email, etc. can also be considered an offense that falls under a domestic violence crime.

The first court appearance will be a hearing in front of the judge, which generally occurs within the next couple of days. The judge will decide if a protective order should be set, look at the defendant’s criminal background, have guns surrendered, consider the seriousness of the allegations and order at least a 48 hour no contact period with the victim. The next hearing will be a status hearing at which the defendant pleads guilty or not guilty. If pleading not guilty, an attorney will be necessary to present your case with witnesses and facts as to your innocence. If pleading guilty, then based on the severity of the case, the judge will administer fines, community service, jail time or possible home detention, and/or court ordered treatment programs.

Domestic violence treatment programs are required to help the offender learn how to break the cycle of violence. The required program lengths vary from state to state but can range from a minimum of 24 sessions in Florida to 52 sessions in California. Programs focus on teaching clients how to better manage stress, peacefully resolve conflict and improve communication skills. Participants take a look at their past history, what triggers their aggression and how to gain a new awareness of how their actions effects others. The goal is to learn self-control to redirect behavior in a more positive way.

Reasons Why Spouses Stay In Abusive Relationships

Spousal abuse is surprisingly common. It affects people of all religions, nationalities, ages, education levels and financial statuses. The majority of abusers are men, but it can happen the other way around and in same sex relationships as well. Why do people stay in these relationships? There are numerous reasons like:

· The victim thinks that he or she is responsible for the abusers behavior because of something he or she did.

· They have a family, home and long history together and the victim can’t bring herself/himself to break that up.

· The victim is financially dependent on the abuser and can’t afford to leave.

· The victim is afraid to leave because of fear of violent reprisal.

· The victim has lost the ability to voice his/her own opinions about things.

· The victim “loves” the abuser and hope that things will eventually change.

Domestic violence doesn’t just mean that the victim is getting physically abused. In many cases, the reason why the victim doesn’t leave is because they have such low self-esteem and confidence after years of emotional abuse. In many situations, the victim has become so used to the degradation and humiliation that they start to question their own sanity. The problem is that unless the abuser comes to the realization that his behavior is inappropriate and wants to change, the cycle never ends.

If you recognize yourself as an abuser and are ready to get help, research shows that domestic violence can be prevented and stopped. In most cases, the behavior is something that was learned in childhood by individuals who grew up in violent households, and can be unlearned with the proper training. People can break the pattern of utilizing aggression for control by learning various techniques to alter the behavior. First and most important is to figure out what triggers the angry emotions. This takes some introspection and time to review past history. Then aggressors learn new anger and stress management techniques so they can get their rage under control without bringing someone else down.

One of the keys to ending abusive behavior is to learn compassion and empathy. Often individuals who are considered abusers lack the ability to understand how their victim feels. They make themselves feel better by debilitating the loved one because it makes them feel stronger or powerful. However, gaining the ability to sense what the other person is feeling is an important step to breaking the cycle. Instead of telling someone else that they are loser because they couldn’t get the house cleaned up, the perpetrator learns to look at things in a different light. For example, the house isn’t messy because the victim is lazy. Instead of assuming the worst, learning compassion helps the person realize that maybe their wife/girlfriend had something more important to get done that day.

With the year to coming to an end, don’t take for granted that your inappropriate behavior will continue to go unnoticed or accepted. Hold on to the intimate relationships you have by taking the time to learn new behavior management skills today.

Put Your Legal Woes Behind You In 2013 With An Online Domestic Violence Class

As we come to the end of the year, many people reflect on what needs to still be taken care of and like to wrap-up loose ends to begin 2014 with a fresh start. If you have found yourself in a situation in which you have been mandated by the court to take Domestic Violence or Batterer’s Intervention Classes (BIP), the best solution to get them done quickly and conveniently is to take them online.

Online DV classes are a stress free and educational way to fulfill court requirements as well as for self-improvement purposes. Programs at dvclass.com cover the same or similar material to what you would learn by going to an in-person class but you don’t have to leave work early, battle traffic and/or deal with flakey teachers.

Some more benefits include:

1. The number of hours correlates to the number of weeks you are required to take. For example, a 26-week in-person class is generally the same as a 26-hour online program.

2. Classes are available 24/7. Once you purchase the program, you own it and can take it at any time of the day or night with Internet connection.

3. Completely self-paced. You can choose if you want to spend 20 minutes, 2 hours or the entire day on the class. There is no limit to the number of times you log in and out.

4. Computer program will hold your last spot. You can exit in the middle of the chapter if you need to. When you log back in, you will continue from where you left off.

5. Can be taken from any Internet connected computer device. You simply read through the material and take a multiple-choice exam at the end. This can be done from a Laptop, Tablet, PC or even a Smartphone.

6. Can download proof of enrollment immediately. Once enrolled you can print out your proof of enrollment to show the legal system.

7. Progress reports are available. Just call our office a few days before you need to show one to your probation officer, social worker or attorney. We will update it for you on our end and then you can print it out from your computer.

8. No books necessary! Everything is completely online. It’s a clean, hassle-free way of accomplishing your goal.

9. Are payment options available? Yes. Please call our office to establish your payment plan.

10. Certificate of Completion is included in cost. We will ship it to you for free via US mail within 1 -2 business days of your completion. We can also make it available for you to download from your computer if you need it immediately. Just call our office and request this option.

We understand that receiving a DV offense can be worrisome for everyone involved. The goal of our educational course is to teach offenders new skills to break the cycle of abuse. Research shows that this behavior can be altered as long as the participant is ready and willing to make a change. Taking this class will help you understand what triggers your violent outbursts and arm you with new ways to manage your stress and anger in a more positive way. Go ahead and ask your judge, probation officer or attorney if you can fulfill this requirement with online class today!

Domestic Violence Tends To Increase During Holidays

The holidays are supposed to be a time of joy, tradition, family and visiting with loved ones but for those in unhealthy relationships, it can be a particularly stressful time of year. Domestic violence is more likely to occur between Thanksgiving and New Years than other times of year. Expectations are high which puts more financial and emotional stress on everyone. People are often thrown together in close quarters and old issues and jealousies can feel threatening to the perpetrator causing him or her to act out with more intensity. And, during the holidays there’s often alcohol involved which only adds fuel to the fire.

This past week we received a phone call from a client. She initially called for her friend who was court ordered to take a domestic violence class and wanted to find out how the online program worked. After speaking with her for a while, she opened up that she was also in an unhealthy relationship and while her boyfriend wasn’t court mandated, she was hoping that he might take the class as well. She revealed that he’d become increasingly more and more obsessive about what her schedule was each day, was trying to sabotage the trip she had planned for the two of them to go visit family over Thanksgiving and was constantly putting her down in front of their friends. She was humiliated about the abuse but afraid to break up with him right now because she didn’t want to ruin the holidays for him.

We talked at length about how it’s possible for a perpetrator of domestic violence to change his ways with the help of some type of educational support. The hard part is that he needs to be ready to acknowledge and take responsibility for his behavior. There are multiple ways to learn to break the cycle, including traditional rehabilitation programs, 1/1 therapy, or by taking a class online. In many cases, individuals who commit domestic violence were abused or witnessed abuse between family members when they were growing up. They just don’t know anything different. In each type of these settings, the perpetrator of the abuse will learn what triggers the behavior by reflecting on past experiences, empathy, and how to build self-control utilizing anger and stress management skills.

The goal of domestic violence or batterer’s intervention classes is to teach offenders how to break the cycle. The program is considered successful if the abusive partner stops denying or blaming other people for his behavior. He now can understand the effects of his abuse on you and the entire family. He respects your right to privacy and stops stalking you, controlling where you go and who you are with, stops reading your mail and emails and gives you the freedom you deserve. The conversation between the two of you will become more open, honest and positive. And, of course, any physical abuse will stop.

The problem stems from the fact that the abuser feels powerless and this is his or her way of gaining control. During the holidays this can be accentuated by other domineering family members, embarrassment over financial situations, child custody disputes and drinking. If possible, this is a good time of year to get yourself or a loved one involved in a program that helps build the coping skills they need to avoid turning to physical or emotional abuse.

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