Dating and domestic violence prevention act california family code

Domestic Violence - dv_abuse_selfhelp

Dating and domestic violence prevention act california

4th 405] and ordinary meaning of the language employed in framing them." as reflected in the other categories of relationships enumerated in family code section 6211, the dvpa aims to protect individuals from harassment and abuse by people in relationships that involve some measure of exclusivity or at least continuityspouses, cohabitants, parents and family members. no california case has previously construed the provision of the dvpa here at issue. on september 4, 1998, appellant filed a petition for an injunction under code of civil procedure section 527.-1(3) ["substantive dating or engagement relationship within the past six (6) months"] [rhode island]; tenn." respondent's declaration stated his desire to be able to use his gym, where his friends were members, and asked that any restraining order entered establish a schedule for the parties' separate use of the facility rather than prohibiting respondent from all such use. 3 an order to show cause and temporary restraining order issued on september 4 and was filed on september 8, with a hearing date set for september 18. 4th 409] the parties disagree only as to whether their past relationship was, in fact, "romantic" or "platonic.) in nevada, " 'dating relationship' means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement. 4th 413] of earnings and out-of-pocket expenses, including, but not limited to, expenses for medical care and temporary housing, incurred as a direct result of the abuse inflicted by the respondent or any actual physical injuries sustained from the abuse. the calls turned into arguments and appellant told respondent they should cut off their friendship and he should not call her.

California Domestic Violence Restraining Orders - Family Law

Dating and domestic violence prevention act california family code

as respondent's attorney was on vacation at the time of service and the hearing, his partner was required to assist respondent on this matter. the unattached flirt, the engaged college seniors, the eighth-grade 'steadies,' and the mismatched couple on a blind date are all engaged in courtship. for several days, respondent called, crying and upset with appellant for terminating their friendship.. [and] does not involve the traditional quid pro quo bargain that characterized formal dating. the most relevant states that "collocation of the adjective with love, lover, friendship, and the like, provide evidence of the emergence of its common present-day use to convey the idealistic character or quality of a love affair.' " the "dating relationship" specified in family code section 6211, subdivision (c), which appears to be less formal than the "engagement relationship" with which it is associated in that subdivision, is at the outer edge of the relationships covered by the dvpa in terms of intimacy or connection between the individuals involved; whereas the other relationships covered by the dvpa are patently "domestic," a "dating" relationship might be viewed as a step toward a potentially domestic relationship. whatever the "dating relationship" contemplated by the legislature may be, however, it relates to a state of mind; a sentiment different people experience in different ways and in different degrees, and for which, in truth, there are no reliable objective measurements to help identify the place at which to draw the necessary line.) appellant contends the trial court erred in finding there was no "dating relationship" between her and respondent. domestic violence prevention statutes in many other states employ language similar to that found in family code section 6211, subdivision (c). factors that the court may consider in making this determination include: (a) the length of time the relationship has existed; (b) the nature of the relationship; and (c) the frequency of interaction between the parties.) "[a]n appeal that is simply without merit is not by definition frivolous and should not incur sanctions.

Dating and domestic violence prevention act ca

in december, appellant invited respondent to join a group attending a concert; in a subsequent conversation, respondent told appellant about his break-up and said he "could really use a friend. respondent stated that he and appellant "expressly agreed to be 'friends. 2 respondent took the position that the application should be denied because a "platonic relationship" with an "acquaintance" did not amount to a "dating or engagement relationship" within the meaning of the dvpa; that the restraining orders sought were overbroad; and that the monetary relief appellant sought exceeded that available under the dvpa. 6 the practice of "dating" evolved in this nation during the 1920's.) [1a] appellant sought the protection of the dvpa under subdivision (c) of family code section 6211. 4th 406] victim of domestic violence" and accompany that person at legal proceedings and mediation sessions (fam." respondent was distraught and began to cry in front of his coworkers; his branch chief took him and his supervisor into a private office, allowed him to take off the remainder of the day and had his supervisor attend the public meeting in his place. 4th 412] to what the california legislature most likely had in mind by its use of that phrase. free daily summaries of new california court of appeal opinions. in february 1998, while the parties were at the gym, appellant inquired how respondent was doing, and he told her, "shut the fuck up. many cases of domestic violence in a dating relationship must [therefore] be handled through the harassment order [i.

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in december, appellant invited respondent to attend a concert with a group of her friends; however, during that occasion she realized she was not interested in him romantically and the next day, over the telephone, told him she just wanted to be friends. the dvpa provides for issuance of orders "to restrain any person for the purpose of preventing a recurrence of domestic violence and ensuring a period of separation of the persons involved, if an affidavit shows, to the satisfaction of the court, reasonable proof of a past act or acts of abuse. would a kiss be enough or would something more be required and, if so, what? the initial police report reflecting appellant's complaint of harassment and threats described appellant as having "be-friended" respondent and explained to him that she was not interested in him "outside of a platonic relationship," and reported that appellant "stated there was only a platonic relationship between [respondent] and herself. according to respondent, when he began exchanging e-mails with appellant in the summer of 1996, he had a girlfriend of more than four years and was not looking to date anyone else. the act extends protection to individuals who are or have been in certain relationships with the perpetrator of defined types of abuse, including "a dating or engagement relationship. therefore, as no judicial attempt to compass the human mind can fully succeed, we can devise no completely satisfactory definition of the "dating relationship" the legislature contemplated. he told her he had recently moved to san francisco and did not have many friends in the area, and described his break-up with a girlfriend of several years. statement of the case and facts on august 7, 1998, appellant filed an application for a restraining order against respondent under the dvpa." the parties assume, without discussion, that for purposes of the dvpa a "dating relationship" is simply one in which the parties have a "romantic" interest in one another, and that this excludes relationships in which the mutual interest, or perhaps even the interest of just one party, is "platonic. the amorous intentions or sexual expectations of the parties are undoubtedly important characteristics of a "dating relationship," but the definition of such a relationship cannot be made to depend on the past sexual intimacies of the parties or the nature of such intimacies.

Oriola v. Thaler (2000) :: :: California Court of Appeal Decisions

., huxley, point counter point (1928) ["he had such a pure, childlike and platonic way of going to bed with women, that neither they nor he ever considered that the process really counted as going to bed. with a person of the opposite sex, a social activity engaged in by two persons of opposite sex" (oxford english dict." she decided to go out with him a few more times to decide how she felt about him, but after he became "very possessive of [her] time and [her] space" realized she did not want a relationship with him and told him they should have no further contact.) in another case, the court rejected the contention that the victim could not be in a "substantive dating relationship" with the perpetrator because she was living with a different man at the time, noting that the perpetrator referred to the victim as a former girlfriend, saw her several times a week, had been sexually active with her, and revealed in his personal correspondence "an emotional relationship which entailed substantially more than a few casual dates. 4th 415] disposition the trial court's order dismissing the application for injunctive and other relief under the dvpa is affirmed. she avoided the gym from april until mid-june and then, having not seen respondent for 11 weeks, hoped he would no longer threaten or harass her. respondent stipulated to entry of restraining orders which prohibited contacting appellant and required respondent to stay away from the gym during specified hours; appellant agreed to forgo attorney fees and costs regarding this matter.) "in twentieth-century america, the new system of dating added new stages to courtship and multiplied the number of partners (from serious to casual) an individual was likely to have before marriage.., newcomb, recent changes in attitude toward sex and marriage (1937) 2 am.) "domestic violence" is defined in section 6211 of the dvpa as "abuse perpetrated against any of the following persons: "(a) a spouse or former spouse. this appeal required us to resolve a legal questiondefinition of a "dating relationship"and not merely to evaluate the sufficiency of the evidence to support the trial court's conclusion.

Domestic Violence Issues

1), the concepts are too abstract to provide useful guidance in judicial fact finding.) "the defining characteristic of the new dating system and, what is more critical, of the graduated series of dates that might lead to a closer relationship between young men and women was that a date was away from home, unchaperoned, and not subject to parental veto; it depended upon the free election of the participants. after others in the sauna left, respondent began to "hit the bench and bang the walls with his shoulders and elbows." as first enacted, the dvpa applied only to family members and persons who regularly resided in the household and had sexual relations with another family or household member, or had so resided within the last six months.) it is important to note, finally, that customs of courtship, and in particular those that relate to "dating," are not fixed and are constantly changing. this non-enforcement policy is the failure of existing statutes to provide the necessary mandate for law enforcement officers to insure compliance with valid court orders or quick protective action when violations occur. the judge noted that the other relationships enumerated in the dvpa were "spouses, people with whom you've had a child, people that you've lived with, cohabitants," and stated that "four outings in groups in 1996 is not a dating relationship. according to the declaration of respondent's attorney, just before the hearing on the dvpa application, he asked appellant's attorney to discuss entering a stipulated restraining order, with a compromise on the attorney fees and restitution appellant was seeking, and was told appellant would not compromise on the financial issues. [4] "[a]n appeal should be held to be frivolous only when it is prosecuted for an improper motiveto harass the respondent or delay the effect of an adverse judgmentor when it indisputably has no meritwhen any reasonable attorney would agree that the appeal is totally and completely without merit. standard dictionaries do not define a "dating relationship," and the pertinent definition of a "date""[a]n appointment or engagement at a particular time, freq. the stated purposes of the foregoing provisions "are to prevent the recurrence of acts of violence and sexual abuse and to provide for a separation of the persons involved in the domestic violence for a period sufficient to enable these persons to seek a resolution of the causes of the violence.

Dating and domestic violence prevention act california family code-Legal Victories - Family Violence Appellate Project

Executive Order 1095 | California State University

" and stating "[a]nd you have to appear in court on this date!" the server, who appeared to be the same one who had served the dvpa application, gave a different name and, when asked to leave by the receptionist, loudly announced, " 'this is personal' and 'he's been harassing someone. also in late march, respondent called appellant at work; when she told him she would take action if he did not stop bothering her, he said, "i have nothing to lose, you asshole.., the relationship between jake barnes and brett ashley in ernest hemingway's 1926 novel, the sun also rises; see also austen, sense and sensibility (1811).) in michigan, " 'dating relationship' means frequent, intimate associations primarily characterized by the expectation of affectional involvement." respondent's declaration confirms that the parties expressly agreed to be no more than "friends" and relates appellant's having reiterated this point by telling her family at the christmas dinner that she and respondent were "just friends. [¶] most victims of domestic violence seem to have little, if any, knowledge of the availability of protective orders or the various legal methods of enforcing their rights.], which offers less protection and can be a financial burden for petitioners. (modell, dating becomes the way of american youth in essays on the family and historical change (moch & stark edits. "(d) a person with whom the respondent has had a child, where the presumption applies that the male parent is the father of the child of the female parent under the uniform parentage act . in her application, appellant indicated that she and respondent had had a "dating or engagement relationship"; that respondent had "caused, threatened, or attempted bodily injury to [her] or another member of [her] household," "made [her] or another member of [her] household afraid of physical or emotional harm," and "stalked" her.

California Domestic Violence Law - FindLaw

in november 1996, the parties began to have conversations at the gym and to exchange e-mail correspondence. at the hearing, the judge stated that she thought appellant had a "great case for a harassment order," but it was a civil harassment case rather than a domestic violence one. appellant and respondent went on four social outings (on only one of which they were alone) and had telephone conversations, e-mail correspondence and contacts at the gym for a period of several months."]; miller & gordon, the decline in formal dating: a study in six connecticut high schools (1986) 10 marriage and fam. certainly, some american boys and girls of the middle classes had coupled in every imaginable way without parental awareness before the turn of the century, but 'dates' of this sort lacked the continuity and regularity that the full evolution of the dating system would permit after world war i.) at that time, the legislature had been advised that legal remedies then available to battered personsspecifically the injunctive relief available under code of civil procedure section 527, subdivision (a), and protective orders then available under the family law actwere ineffective in dealing with domestic violence. according to respondent's attorney's declaration submitted on this appeal, after the september 2 hearing he left a telephone message and wrote to appellant's attorney, asking her to discuss working out the civil restraining order informally. for the next several weeks, respondent repeatedly telephoned appellant at home, sometimes talking about how lonely he felt and sometimes relating how upset he was that she did not want to "hang out" with him. young men and women are socializing together in groups as the path that ultimately leads to exclusive, though not necessarily mate choice-oriented, relationships. 4th 403] respondent's declaration stated his recognition of appellant's desire to have no contact with him and his intention to honor that request. 3880), and subsequently amended to extend to abuse between parents of a minor child.

When Teens Disclose Dating Violence to Health Care Providers: A

a lengthy 1978 report of the advisory commission on family law to a subcommittee of the senate judiciary committee observed, for example, that the laws then providing for protective orders only addressed the need for immediate protection and included no "specific authority enabling the courts to grant orders pertaining to other issues which may need to be decided or to other individuals in need of the court's protection in order to provide comprehensive relief. the police report resulting from appellant's complaint about respondent's harassment stated that appellant described her relationship with respondent as "platonic" and indicated she had conveyed this sentiment to respondent. in the event the legislature disagrees with the meaning we impute to its words, we hope and expect it will correct us. we do not think there ever was such a continuing and mutually committed emotional relationship between the parties before us. appellant's supplemental declaration was dated august 25 and filed on august 28. to state the obvious, the problem addressed by the dvpa is domestic violence. appellant also corrected the prior report's erroneous statement that the parties' first contact was in december 1996 rather than december 1997. 4th 410] need to establish such past intimacy in a public forum in order to obtain relief under the dvpa would almost certainly discourage many from seeking the relief that act affords, though they be desperately in need of it.. 209a exists to enable victims of domestic violence to distance themselves from their batterers. all this premarital experience necessarily had an impact on the final stages of mate selection.) as a result of this and similar advice from other sources, the legislature inserted in the pertinent law, which now appears in the family code, elaborate provisions relating to the issuance and effect of emergency protective orders (fam.

Full Brief

California Family Code - FAM § 3011 | FindLaw

" afraid respondent would continue to threaten her and might hurt her, appellant made a police report against appellant in early april 1998. having concluded the trial court correctly dismissed the application under the dvpa for lack of jurisdiction, we need not determine whether appellant would in fact have been entitled to any or all of the restitution she sought. 67, 75 ["now, even non-competitive, pluralistic dating is giving way to more group-based activity.) the dvpa was soon amended to delete the requirement of a sexual relationship for persons regularly residing in the household (former code civ. she told him she would introduce him to some of her friends and other people their age to "expand his associations. nor does penal code section 13700, from which this phrase in the definition of "domestic violence" was drawn.' " she then walked past the receptionist and left the papers open on respondent's chair, respondent having left his desk to call his attorney." she reminded him she was not interested in establishing a romantic relationship and told him she would be happy to listen if he needed to talk but did not think they should "hang out" anymore. a report on the bill states that "[t]he laws governing eligibility for a restraining order need to be expanded to include the many victims who do not qualify currently as they are not a blood relative, former or current spouse, co-parent, or live-in partner with their abuser." she told him he had to "stop doing this" and "[i]f you try intimidating me, it would be harassment.) because they all relate to statutes similar to the dvpa, the foregoing legislative and judicial definitions of "dating relationship" are instructive as [84 cal.

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State Laws on Teen Dating Violence

. [¶] the 'substantive dating relationship' language of the statute is clearly a proxy for a close domestic relationship between an individual living with, or near, another. when respondent began to harass and threaten her, she felt embarrassed that she had been attracted to him and felt uncomfortable with the description of her in the police report as respondent's girlfriend.. gives young people much more room, so to speak, to reject and experiment with various modes of heterosexual interaction . (superior court of the city and county of san francisco, fl029867, susan b. after respondent complained that they always went out with other people and expressed a desire for the two to go out alone, they went together to a sunday brunch at which respondent talked constantly about his ex-girlfriend and "how alone he felt.' " at appellant's family christmas dinner, when someone told the parties to move closer together for a picture, appellant said, "no, we're just friends. and that potentially available under the dvpa is that the dvpa authorizes the court to order restitution "for loss [84 cal.. "(e) a child of a party or a child who is the subject of an action under the uniform parentage act, where the presumption applies that the male parent is the father of the child to be protected. one of the chief differences between the relief available to appellant under code of civil procedure section 527. code § 15-10-3(b)(3) ["dating or engagement relationship"] [alabama]; alaska stat.) a senate committee report on the measure states that expanding coverage of the dvpa to include "a person with whom the respondent has had a child or has had a dating relationship .

California Civil Harassment and Domestic Violence Actions

) litigants and attorneys, however, have a right to present issues that are "arguably correct" even if they do not ultimately prevail. pursuant to respondent's request, we take judicial notice of the petition and other court documents and transcript related to the code of civil procedure section 527. from late december 1997 through march 1998, appellant received 25 to 40 "crank calls and hang up calls" per day from respondent, mostly after he saw her at the gym. in the summer, he called her at work and said, "i'm so angry. king could act as temporary judge in this case and a hearing was held on september 2, 1998. code, § 6303), and the various forms of injunctive and other relief that can be made available (fam. immediately after their first date, however, appellant told respondent she was not interested in a romantic relationship with him; their relationship was relatively brief and never exclusive, at least insofar as appellant was concerned, and respondent was immediately disabused of any expectation that an exclusive romantic relationship might be established.) while the dvpa "clearly has a broad protective purpose, both in its stated intent and the breadth of the persons protected (see caldwell v.., nussbaum, platonic love and colorado law: the relevance of ancient greek norms to modern sexual controversies (1994) 80 va. 4th 414] respondent argues the appeal is frivolous by characterizing it as raising solely an impossible-to-win substantial evidence issue. 4th 400] domestic violence prevention act (dvpa or the act) (fam.

California Family Code - FAM § 4320 | FindLaw

she told him she would report him to the management and he again hit the wall and bench. 4th 404] the order dismissing the dvpa case was filed on october 13, 1998, and notice of entry of the order was served on october 15 and filed on october 21. it must be remembered that finding the dvpa inapplicable to a given instance of harassment or abuse does not leave the victim without remedy, as he or she can seek a temporary restraining order and injunction under code of civil procedure section 527.. this is precisely what the trial court suggested in the present case, and what appellant did after dismissal of the application under the dvpa." over the christmas holiday, appellant invited respondent to her family's christmas dinner. is intended to encompass a broad range of modern relationships that may be affected by acts of violence and sexual abuse. additionally, while the fact that appellant is presently protected by the code of civil procedure section 527. it is a social relationship between two individuals who have or have had a reciprocally amorous and increasingly exclusive interest in one another, and shared expectation of the growth of that mutual interest, that has endured for such a length of time and stimulated such frequent interactions that the relationship cannot be deemed to have been casual. papers, according to respondent's declaration on this appeal, although appellant's attorney knew respondent's attorney would accept service on his behalf, respondent was again served at work in a "stressful and humiliating manner. respondent attempts to portray appellant as having acted in bad faith, stressing her reluctance to informally resolve the restraining order issue as well as the timing of her application for the civil restraining order and service of the order to show cause and the manner in which respondent was served with process in both the dvpa and civil harassment cases. in late march, respondent paged some 45 individuals and left them appellant's cell phone and work numbers.

Restraining Orders | Without My Consent

[¶] given the many problems that interfere with the execution and enforcement of protective orders, it is not surprising that a widely held attitude among attorneys, law enforcement officers and batterers is protective orders are not worth the paper they are printed on.) as flaherty explained, because " 'the borderline between a frivolous appeal and one which simply has no merit is vague indeed,' " the power to dismiss frivolous appeals should be exercised in only the "clearest cases" and the power to punish attorneys for prosecuting frivolous appeals "should be used most sparingly to deter only the most egregious conduct. "domestic," according to the oxford english dictionary, supra, means "[o]f or belonging to the home, house, or household; pertaining to one's place of residence or family affairs; household, home, 'family. [3a] respondent seeks sanctions against appellant and her attorney, claiming the appeal is frivolous and arguing that appellant and her attorney improperly used legal procedures to harass and impose undue expense upon respondent, twice serving him in an unduly humiliating manner and taking advantage of respondent's attorney's vacation to schedule the hearing on the code of civil procedure section 527. we confine our analysis to the concept of a "dating relationship" rather than an "engagement relationship," as the parties are not and never were engaged. adopting the sense of those legislative and judicial prescriptions, and in light of the other classes of persons protected by our legislature under the dvpa, we conclude that, for purposes of the act, a "dating relationship" refers to serious courtship. 4th 402] approximately 263 messages resulting from appellant's e-mail address having been subscribed to receive crop, livestock and united states department of agriculture reports from all 50 states. code, §§ 6270-6273), various services for victims of domestic violence, such as the appointment of a "support person" who can "provide moral and emotional support for a person who alleges he or she is a [84 cal. code, § 6341), restitution for loss of earnings and out-of-pocket expenses (fam. she continued to see respondent at the gym and talk to him on the phone." appellant told him if he did this again she would assume he was physically threatening her; he hit the walls and bench again.

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