Domestic Violence
Information and Referral Handbook

 
Adapted from the handbook "From This Day Forward"
Published by the Santa Clara County Probation Department.

 

Table of Contents


Introduction
 
Chapter 1: The Truth About Domestic Violence
       Children and Domestic Violence
       The Power and Control Wheel
       The Equality Wheel
       Substance Abuse and Domestic Violence
       Teen Dating Violence
       Battering in Same Sex Relationships
       Immigration
Chapter 2: Planning for your Safety
       Safety Before and During an Assault
       Safety When Preparing to Leave
       Safety When Living on Your Own
       Safety With a Protective Order
       Safety on the Job and in Public
       Your Safety and Emotional Health
       Checklist
Chapter 3: Your Rights and the Criminal Justice System
       The Police
       The Office of Pretrial Services
       The District Attorney's Office
       The Probation Department
       State Parole
Chapter 4: Your Rights and the Family and Juvenile Dependency Courts
       Restraining Orders: Protection through Family Court
       Child Protection
Chapter 5: Where to Turn for Help
       Crisis Hotlines
       Drop-In Support Groups
       Shelters - Battered Women and Children
       Legal Information / Restraining Orders (TRO's)
       Counseling / Information for Women and Children
       Law Enforcement
Chapter 6: Suggested Readings
Appendix: From the Handbook
       Acknowledgments
       Dedication

Introduction

No one deserves abuse...

It is a crime if someone physically hurts or threatens you. No one has the right to hurt you, even if that person is a spouse, child, boyfriend or girlfriend, parent or partner.

You are not responsible for the violence...

Batterers often blame their abusive behavior on drugs or alcohol, stress, childhood abuse, or their partner. As a result, you may have feelings of isolation, fear, shame, and hopelessness.

You are not alone...

There are people who are concerned about you and want to help. This handbook can help you protect yourself and your children. It describes the characteristics of domestic violence, explains the role of the justice system, lists your rights and options, and provides community resources where you can turn for help. We hope this information is part of the beginning of a safe future for you and your children.

Read the Truth...

I am not to blame for being beaten and abused
I have a right NOT to be abused
I am not the cause
of another's violent behavior.
I have a right to be angry over past beatings.
I do not like or want it.
I do not want my children to grow up to batter
or be battered.
I have a right to leave
this battering environment.
I have a right to be in a safe, nonviolent home.
I have a right to provide a healthy environment
for myself and my children.
I do not have to accept physical, emotional,
sexual, psychological, or financial abuse.
I have the right to make mistakes.
I have the right to believe
that I have a good memory
and can remember events.
I have the right to have a partner
who is sexually faithful.
I have the right to participate in the process
of making rules that will affect my life

 

CHAPTER 1: The Truth About Domestic Violence

Domestic violence is an escalating pattern of abuse where one partner in an intimate relationship controls the other through force, intimidation, or the threat of violence. Abuse comes in many forms:

   Physical Kicking, punching, shoving, slapping, pushing, and any other acts which hurt your body.
   Sexual Calling you vulgar names, criticizing your body parts or sensuality, forced or pressured sexual acts, including rape.
   Emotional Assaults against your self-esteem
   Verbal Name-calling, threats, put-downs.
   Psychological Causing you to feel as if you are "going crazy".
   Spiritual Attacking your spiritual or religious beliefs.
   Financial Controlling and manipulating you by threatening your economic status and basic needs.
   Homophobic Threatening to "out" you to people who do not know your sexual orientation
   Immigration Using your immigration status and fear of deportation to control you.
   Destructive Acts Actual or threatened assault of your property or pets to scare you.

  • A woman is beaten every nine seconds in the United States. Domestic violence is the most under-reported crime in the country, with the actual incidence 10 times higher than is reported.
  • Eighty percent of children who live in homes where domestic violence occurs witness the abuse.
  • Lesbian and gay domestic violence occurs in approximately one-third of these relationships, about as often as in heterosexual relationships.
  • On average, four women are murdered every day by their male partner in the U.S. According to the District Attorney's Office, there were 21 deaths as a result of domestic violence in Santa Clara County in 1995.
  • Women in the U.S. are in nine times more danger in their own homes than they are in the street.
  • According to the U.S. Department of Justice, 95 percent of reported spousal assaults are committed by men against women. Assaults committed by women against men occur in approximately 5 to 10 percent of domestic violence matters.
  • About 17 percent of women report experiencing physical or sexual violence during pregnancy.
  • Battering prior to pregnancy is the primary predictor that battering will occur during pregnancy.

Domestic violence is one of the nation's best kept secrets. Myths and misunderstandings abound. Knowing the facts is an important step toward breaking the cycle of violence.

  Fact: Almost four million women are beaten in their homes every year by their male partners. Although the first violent incident may not be severe, once battering begins, it tends to increase in severity and frequency, sometimes leading to permanent injury or death. What may begin as an occasional slap or shove will turn into a pushy down the stairs, a punch in the face, or a kick in the stomach.
  Fact: Battering is not about anger or losing control; it is an intentional choice focused on maintaining power and control in the relationship. Batterers manage not to beat their bosses or terrorize their friends when they are angry.
  Fact: The batterer is responsible for the violence – not the victim. People are beaten for breaking an egg yolk while fixing breakfast, for wearing their hair a certain way, for dressing to nicely or not nicely enough, for cooking the wrong meal, or any other number of excuses. These incidents do not warrant or provoke violence. Even when you disagree, you do not deserve to be beaten. People who are battered do not want to be beaten.
  Fact: Violence does occur in same sex relationships, and the issues of power and control are similar to those found in heterosexual relationships. Homophobia allows us to trivialize the violence in same sex relationships and compounds the effects of the violence for the victim.
  Fact: Substance abuse is involved in about half of all domestic violence incidents. Although drugs or alcohol may lower a person's self-control, they do not cause violence. Batterers often use drugs or alcohol as an excuse or permission to batter and to avoid responsibility for their abuse.
  Fact: Because violence inflicted upon a woman by her partner is treated much differently than violence inflicted by a stranger, batterers are not always arrested. Traditionally, police were more likely to file a report if the offender was a stranger, rather than an intimate partner.
  Fact: Battering crosses all economic, educational, ethnic, sexual orientation, age, and racial lines in equal proportions. There is no "typical" victim.
  Fact: Batterers generally lead "normal" lives except for their unwillingness to stop their violence and controlling behavior in their intimate relationships. Batterers do not batter because they are crazy or mentally ill.

People stay with abusive partners for many different reasons. By understanding these reasons, you can explore your options for living a violence-free life and avoid feelings of guilt and isolation.

  • You fear you will be beaten more severely. Your batterer has threatened to find and kill or harm you, your children, and your family.
  • You depend on the batterer for shelter, food, and other necessities.
  • You have no one to talk to who understands and believes you.
  • You believe your children need two parents, and you don't want to raise them alone.
  • You want to keep the family together and live up to your religious commitment to remain with your partner.
  • You fear that you won't be able to take care of yourself and your children alone.
  • You want to stand by your partner and be loyal to the relationship.
  • Your partner has threatened to commit suicide if you leave.
  • You believe that things will get better.
  • You believe that no one else will love you.
  • You fear your family and friends will be ashamed of you.
  • You feel ashamed, embarrassed, and humiliated and don't want anyone to know what is happening.
  • You think others will believe that you are "low class" or stupid for staying as long as you already have.
  • You believe that you need to be in a relationship to feel like a complete person.
  • You fear that you will be deported or that your children will be taken out of the country.
  • If you are in a same sex relationship, you fear that you will be "outed" or that no one will believe you.
  • Your job is to make the relationship work, and if it does not work, you are to blame.
  • If you stay, you can "save" the batterer and help him or her get better.

It is a myth that people don't leave violent relationships. Many leave an average of five to seven times before they are able to leave permanently. You are in greater danger from your partner's abuse when you leave. Only you can decide what is best for you and your children. Whether you decide to remain with your abusive partner or leave, it is important for you to plan for your safety.

Children and Domestic Violence...

  • Children who live in a home where battering occurs are likely to experience a variety of negative effects and problems.
  • Children may be injured during an incident of violence, may suffer feelings of helplessness, may blame themselves for not preventing the violence or for causing it, and may be abused or neglected themselves.
  • Children in violent homes face a dual threat: witnessing traumatic events and the threat of physical assault.
  • Children living with domestic violence experience unnaturally high levels of anxiety.
  • Children may suffer Post Traumatic Stress Disorder (similar to what war veterans suffer) even after a single incident.
  • Children exposed to domestic violence often experience difficulties in school.
  • Children living in violent homes have more frequent incidents of truancy, theft, insomnia, temper tantrums, and violence toward others than children raised in a non-violent atmosphere.
  • Studies indicate that boys exposed to family violence tend to be overly aggressive and disruptive.
  • Studies show that girls who are exposed to family violence tend to withdraw and behave more passively than girls not exposed to violence.
  • Children who live in abusive homes have a higher risk of juvenile delinquency and substance abuse.

It is extremely important for children who live in violent homes to have a simple safety plan...
 
   Warn children to stay out of the adults' conflicts.
   Make a list of people the children can trust and talk to when they are feeling unsafe (neighbors, teachers, relatives, friends).
   Decide ahead of time on a safe place the children can go when they feel unsafe.
   Teach children how to use police and other emergency phone numbers.
 

 

The Power and Control Wheel...

Abusive relationships are based on the mistaken belief that one person has the right to control another. When the actions described in the spokes of this wheel and on the next page don't work, the person in power moves on to actual physical and sexual violence. The relationship is based on the exercise of power to gain and maintain control. The dignity of both partners is stripped away.

Used by permission of the Domestic Abuse Intervention Project,
206 West Fourth Street, Duluth, Minnesota 55806

Using Intimidation
  • Making you afraid by using looks, actions, or gestures.
  • Smashing things.
  • Destroying property.
  • Abusing pets.
  • Displaying weapons.
Using Emotional Abuse
  • Putting you down.
  • Making you feel bad about yourself.
  • Calling you names.
  • Making you feel guilty.
  • Making you think you are crazy.
  • Playing mind games.
  • Humiliating you.
Using Isolation
  • Controlling what you do, whom you see and talk to, what you read, and where you go.
  • Limiting your outside involvement.
  • Using jealousy to justify actions.
Denying, Blaming, Minimizing
  • Making light of the abuse and not taking your concerns about it seriously.
  • Saying the abuse didn't happen
  • Shifting responsibility for abusive behavior to other people or circumstances.
  • Saying you caused the abuse.
Using Children
  • Making you feel guilty about the children.
  • Using the children to relay messages.
  • Using visitation to harass you.
  • Threatening to take the children away
Using Male Privilege
  • Making all the big decisions.
  • Acting like "Master of the Castle".
  • Being the one to define men's and women's roles.
  • Treating you like a servant.
Using Economic Abuse
  • Preventing you from getting or keeping a job.
  • Making you ask for money.
  • Giving you an allowance.
  • Taking your money.
  • Not letting you know about or have access to family income.
Using Coercion and Threats
  • Making and/or carrying out threats to do something to hurt you.
  • Threatening to "out" you.
  • Threatening to leave you, to commit suicide, to report you to Welfare authorities.
  • Making you do illegal things.

 

The Equality Wheel...

Healthy relationships are based on the belief that two people in a relationship are partners with equal rights to have their needs met and equal responsibility for the success of the partnership. In this equality belief system, violence is not an option because it violates the rights of one partner and jeopardizes the success of the relationship. The dignity of both partners is built up in a relationship based on equality.

Used by permission of the Domestic Abuse Intervention Project,
206 West Fourth Street, Duluth, Minnesota 55806

Non-Threatening Behavior
  • Talking so that you feel safe and comfortable expressing yourself and doing things.
  • Acting so that you feel safe and comfortable expressing yourself and doing things.
Respect
  • Listening to you non-judgmentally.
  • Valuing your opinions.
  • Being emotionally affirming and understanding.
Trust and Support
  • Respecting your right to have your own feelings, friends, activities, and opinions..
  • Supporting your goals in life.
Honesty and Accountability
  • Accepting responsibility for self.
  • Acknowledging past use of violence.
  • Admitting being wrong.
  • Communicating openly and truthfully.
Responsible Parenting
  • Being a positive, non-violent role model for the children.
  • Sharing parental responsibilities.
Shared Responsibility
  • Mutually agreeing on a fair distribution of work.
  • Making family decisions together.
Economic Partnership
  • Making money decisions together.
  • Making sure both partners benefit from financial arrangements.
Negotiation and Fairness
  • Seeking mutually satisfying resolutions to conflict.
  • Accepting change.
  • Being willing to compromise.

 

Substance Abuse and Domestic Violence...

Alcohol or drug use is present in an estimated 65 to 80 percent of all domestic violence incidents. Families affected by domestic violence typically experience a higher rate of alcohol and or drug use than families not affected by battering.

While the batterer may blame substance use for the battering, it is important to know that alcohol and drugs do not cause violence; however, the violence and abuse may be more severe during use. Domestic violence and substance abuse are two different problems and each requires specialized intervention.

You may also be abusing substances as a means of coping with your partner's violence. Substance abuse is never a healthy alternative. For help, you can call...
Comrades
Turning Point Women's Center
Mariposa Lodge (residential)
South Bay Teen Challenge
Alcoholics Anonymous
Alcoholics Anonymous (Spanish)
Narcotics Anonymous
 (408) 288-6209
(408) 249-6590
(408) 463-0131
(408) 358-3435
(408) 297-3555
(408) 254-2891
(408) 998-4200

 

Teen Dating Violence...

Are you involved in a dating relationship that is abusive or is potentially abusive? Ask yourself these questions:

  • Is your partner jealous or possessive?
  • Does your partner dislike your friends?
  • Does your partner not let you have friends?
  • Does your partner have a "quick temper"?
  • Does your partner have traditional ideas of gender roles?
  • Does your partner try to control you or make all the decisions?
  • Do you worry about how your partner will react to things you do or say?
  • Do you get a lot of negative verbal teasing from your partner?
  • Are you comfortable with your partner's "playful" slaps and shoves?
  • Does your partner's behavior change if he/she drinks or uses drugs?
  • Does your partner pressure you to use drugs or alcohol?
  • Do you feel it is your responsibility to make the relationship work?
  • Are you afraid of what your partner might do if he/she becomes angry?
  • Are you afraid to end the relationship?
  • Do you believe your partner will not accept breaking up?
  • Does your partner blame you when he/she mistreats you?

Parents: Signs of Dating Violence:

  • Your teen has bruises, bite marks, black eyes or other unexplained physical injuries.
  • Your teen is unwilling to discuss her or his dating relationship.
  • Your teen is withdrawn.
  • Your teen is spending a lot of time alone.

If you are the victim of a juvenile batterer:

  • Talk to your parents, if you can, or decide which friend, teacher, relative, or police officer you can tell.
  • Telephone the Probation Department at (408) 299-2145 and ask to speak with the assigned probation officer.
  • If the juvenile batterer is appearing in court, you have the right to be notified, to be present in court, to submit a statement to the Court, in person or in writing, and to have a support person present.
  • Contact an advocate to help you make a safety plan and to decide if you should get a restraining order.
  • As a minor, you can get a restraining order. A judge will decide if your parents should be notified. For help with a restraining order, contact an advocate and see the Restraining Order section of this handbook.

Counseling, education, and participation in a support group are the most beneficial resources available to help you. Call one of the following phone numbers for more information...
Community Solutions (South County)
Next Door
Support Network
24-7 Line
 (408) 842-3118
(408) 279-7550
(650) 940-7855
1-888-247-7717

 

Battering in Same Sex Relationships...

Batterers in same sex relationships use the same power and control tactics as heterosexual batterers. They blame the victim, deny or minimize the abuse, and resist being accountable for their violence. Victims feel afraid, isolated and ashamed, take responsibility for the abuse, and face many barriers in leaving the relationship. Societal homophobia also causes lesbians, gays, bisexuals, and transgendered to face additional obstacles to safety and services including:

  • Fear of losing custody of your children, your job, or family support if your sexual orientation is revealed.
  • Becoming a target for anti-lesbian/gay violence.
  • Extremely limited resources, for you and the batterer.
  • Inappropriate, insensitive, and homophobic responses from service providers and the criminal justice system.
  • Further stigmatization because of the abuser's violence.
  • Ostracism from the lesbian, gay, bisexual or transgender communities for revealing the violence.
  • Emotional abuse by the batterer, including questioning your "real" orientation and reinforcing society's view of same sex relationships as perverse or bad.
  • Threats by the abuser to "out" you to your family, friends, and employers.
  • Denial of the existence of same sex battering by referring to the violence as "mutual" battering.

If you are a victim of domestic violence in a same sex relationship, you can call...
Next Door
Support Network for Battered Women
 (408) 279-7550
(800) 572-2782

 

Immigration...

Many batterers use the immigration status of their partners as another way to control them. Abuse may come in the following forms:

  • Burning or stealing your papers or your children's papers.
  • Refusing to help you gain legal status.
  • Calling you names, like "illegal".
  • Threatening to have you deported
  • Reporting you to Immigration.

Many victims of domestic violence are afraid to report or leave their abuser because they are "undocumented". Although the threat of deportation is real, your safety is most important.

Although your immigration status may present certain risks, you still have many rights.

  • You do not have to reveal your immigration status.
  • You do not need to be a citizen or have papers to get a restraining order.
  • If you go to a battered women's shelter, you have the right to keep your immigration status private. Some battered women's shelters may be able to provide information and referrals for immigration issues.
  • You are entitled to receive emergency medical care, regardless of your immigration status.
  • As a crime victim, you are not required to report your immigration status to the police.
  • Your immigration status does affect your eligibility for government assistance and benefits.
  • It is important to collect documentation of immigration status for you, your children, and the batterer.

If you are not a permanent resident and are married or formerly married to a U.S. citizen or permanent resident or are applying for residency through a spouse, contact an immigration attorney. Your immigration status could be jeopardized by a divorce or separation. An annulment, dissolution, or divorce could terminate your immigration status.

If you have already received a conditional residence permit and you are a victim of battery or extreme cruelty, you do not need the cooperation of your spouse to change the conditional status to "permanent resident".

Always consult an Immigration Attorney if you are not sure of your immigration status or if you need help. For more information you can call...
Immigration Assistance Line
    - Spanish and English
    - Chinese, Cantonese, Mandarin
    - Vietnamese
Catholic Charities Immigration Program
Asian Law Alliance
  
(650) 543-6767
(650) 543-6769
(650) 543-6797
(408) 944-0691
(408) 287-9710

 

CHAPTER 2: Planning for Your Safety

Safety Before and During an Assault...

  • When an attack has begun, escape if you can. Whenever you believe that you are in danger, leave your home and take your children, no matter the time of day or night. Go to a friend or relative's house or a domestic violence shelter.
  • Defend and protect yourself. Later, take photos of your injuries.
  • Call for help. Scream loudly and continuously. You have nothing to be ashamed of – the batterer does.
  • During an argument, stay close to an exit and avoid the bathroom, kitchen, or anywhere near weapons.
  • Practice getting out of your home safely. Identify which doors, windows, elevator, or stairwell would be best.
  • Have a packed bag ready, and keep it in a secret but accessible place so you can leave quickly.
  • Identify neighbors you can tell about the violence and ask them to call the police if they hear a disturbance coming form your home.
  • Devise a code word to use with your children, family, friends, and neighbors when you need the police.
  • Plan where you will go if you have to leave home, even if you don't think you will.
  • Trust your own instincts and judgment. Whatever you need to do to survive is the right choice. You have the right to protect yourself.

Safety When Preparing to Leave...

  • Open a savings account in your own name to establish your independence. Give the bank a safe address, such as a post office box or a work address. Think of other ways to increase your independence.
  • Leave money, an extra set of keys, copies of important documents, and extra clothes with someone you trust so you can leave quickly.
  • Decide who you could stay with and who might loan you some money.
  • Keep the shelter's phone number close at hand and keep some change or a calling card on you at all times for emergencies.
  • Review your safety plan as often as possible in order to plan the safest way to leave your batterer. Leaving your batterer is the most dangerous time.
  • If you must leave your children, recover them as soon as possible. Courts tend to give custody to a parent who physically has the children. Seek legal advice or call a domestic violence agency if there are no current child custody orders.

Safety When Living on Your Own...

  • Change the locks on your doors as soon as possible. Buy additional locks and safety devices to secure your windows.
  • Call your local phone company to ask for an unlisted phone number. This service may be free of charge.
  • Create a safety plan with your children for times when you are not with them.
  • Inform your children's school, day care, etc., about who has permission to pick up your children.
  • Inform neighbors and landlord that your partner no longer lives with you and that they should call the police if they see him or her near your home.

Safety With a Protective Order...

  • Keep your protective order on you at all times
  • Call police if your partner breaks the protective order.
  • Keep a diary detailing any contact, threats, messages, or letters. Save phone message tapes.
  • Think of alternative ways to stay safe if the police do not respond right away.
  • Give copies of your Protective Order and Proof of Service to everyone listed on the order along with family, friends, and neighbors who are willing to help you.

Safety on the Job and in Public...

  • Decide whom at work you will inform of your situation. This should include office or building security. Provide a picture of your batterer if possible.
  • Arrange to have someone screen your telephone calls if possible.
  • Devise a safety plan for when you leave work. Have someone escort you to your car, bus, or train. Use a variety of routes to go home if possible. Think about what you would do if something happened while you were on your way home.

Your Safety and Emotional Health...

  • If you are thinking of returning to a potentially abusive situation, discuss an alternative plan with someone you trust.
  • If you have to communicate with your partner, determine the safest way to do so.
  • Have positive thoughts about yourself and be assertive with others about your needs.
  • Read books, articles, and poems to help you feel stronger.
  • Decide whom you can call to talk freely and openly to give you the support you need.
  • Plan to attend a women's or victim's support group to gain support from others and learn more about yourself, domestic violence, and relationships.

CHECKLIST: What You Need to Take With You When You Leave...

 
     Identification, driver's license, car registration
     Court orders, restraining orders
     Birth certificates for you and your children
     Police reports / documentation of previous abuse
     Money
     Bank books and / or bank account numbers
     Checkbooks, credit cards, ATM card
     Lease / rental agreement, house deed
     Medical, life, and auto insurance papers
     House and car keys, pink slip
     Medications
     Small saleable objects
     Address book
     Pictures
     Medical records for all family members
     Social Security card
     Welfare identification
     School and immunization records
     Work permits / identification
     Passport or "Green Card"
     Divorce papers / marriage license
     Jewelry
     Children's clothing and small toys
     Spare eyeglasses or contact lenses
     Other:
 

REMEMBER: These things are not as important as the lives of you and your children!

 

 

CHAPTER 3: Your Rights and the Criminal Justice System

The criminal justice system can be intimidating and confusing; it can also help you. The following information will help you understand the process better. The Victim Advocacy Project through the Support Network for Battered Women is available to assist you throughout your experience with the criminal justice system.

THE POLICE...

Calling 911

If you have just been threatened or beaten, call 9-1-1. Tell the dispatcher that you are in danger and you need help immediately.

When the police arrive, describe your injuries in detail. Include the following information:

  • How you were injured.
  • Information about violation of the restraining order.
  • Any threats the batterer made.
  • Any weapons used.
  • Any other instances of threats or violence.
  • Whether there are any witnesses.

Ask the police to take pictures of injuries, bruises, and damaged property and to remove any weapons used in the crime from the scene. Try to be as calm as you possibly can.

Making a Report

  • The police are required to write an incident report for all domestic violence calls, even if the batterer has already left the scene when they arrive.
  • The police are required to provide you with an information card with the report number and the officer's name and badge number.
  • Although it is best to make the report as soon as possible, you can also call the police hours after you have been abused, or even the next day, to have a report taken.
  • If the police do not write a report, you can go to the police station to make a report yourself.
  • Photos of your injuries are crucial. Bruises may appear hours or days after the incident, and the pictures can be used as evidence. While police may take photos, you should also take your own photos.
  • Never hesitate to call the police for help. If you disagree with an officer's responses to your situation, you can directly contact the commanding officer or request assistance from a domestic violence advocacy agency in communicating your concerns to the law enforcement agency involved.
  • Always get the police officer's names and badge numbers.

Civil Stand-By

If you need to return to your house to get your things or you don't want to let the batterer back in your home to pick up his or her things, you can request a civil stand-by. A civil stand-by means the police are present to make sure everyone is safe. The police will only allow a limited time for the person to gather property. You can call your local police department to request a civil stand-by at any time.

Copy of the Police Report

You have a right to obtain a copy of any police report in which you are listed as the victim. The reports are available through the police agency that handled the case. The charge for the report can be as much as $20, depending on the agency.

It is always a good idea to get a copy of any incident report documenting your batterer's abuse against you. These police reports can be used as evidence of abuse in other court proceedings, such as restraining order or custody hearings.

Restraining Order Violations

  • If your abuser has violated a restraining order, show the police your court order and the proof of service. Restraining orders can be verified in the state registry.
  • The police are required to make an arrest if the batterer is present and they believe a violation of the restraining order has occurred.

Emergency Protection Restraining Orders

  • You have a right to request an Emergency Protection Restraining Order (EPRO) from an officer at the scene of the crime.
  • An EPRO is temporary, and only a police officer, with the approval of a judge, can obtain this order.
  • Since you need an officer's assistance to get an EPRO, it is important to describe the batterer's actions and the basis of your fears.
  • EPRO's are available 24 hours a day and good for up to 7 days and can include orders for custody and residence exclusion. To get a more permanent order, you must go to Superior Court to file for a civil restraining order (see the Family Court section for more information).

Arresting the Batterer

Even if the batterer has broken the law, he or she may not necessarily be arrested. If asked, you do not have to tell police you want to prosecute. An officer's decision to arrest the batterer should not be based on whether or not you want to "press charges". Only the District Attorney can charge a person with a crime.

Private Person's "Citizen's Arrest"

If the police refuse to arrest the batterer and the batterer is present, you have the right to make a citizen's arrest under Penal Code Section 837. All you have to say is, "I want to make a citizen's arrest." You can tell the police of your request to make a citizen's arrest outside of the hearing of the batterer. The police are supposed to advise you of your right to make a citizen's arrest.

Release from Jail Following Arrest

If the batterer is arrested and taken to jail, he or she may be released on bail. This release can happen within just a few hours. You have the right to be notified of your batterer's release from jail.

You may call
The Santa Clara County Victim Notification System
to register with the system so that you will be
automatically notified of your batterer's release.
1-800-464-3568

Arrest by Warrant

If the batterer is not arrested at the time of the incident, the case may be assigned to a detective for further investigation. A detective will re-interview people, collect more evidence, and gather medical information. Not all reports are sent to the District Attorney for review.

The District Attorney's Office will review all reports received and decide whether to file charges. If the District Attorney authorizes charges, a warrant for the batterer's arrest will be valid once a judge has signed the warrant.

The warrant is sent to the police agency that completed the report, and the batterer is then notified of the warrant, usually by mail. If the batterer does not turn him or herself in, the police will attempt to find the person. This process can be lengthy.

THE OFFICE OF PRETRIAL SERVICES...

When a batterer is arrested and taken to jail, the Office of Pretrial Services gathers information to help the judge in setting bail and to make recommendations to the Court and District Attorney about the batterer's possible release at court.

Your input is very important. A Pretrial Services Officer will call you and ask you about your safety, past violence or threats, and any conditions of release you believe the batterer should have if the judge allows him or her to be released. You may contact the Office of Pretrial Services at 299-4082 (a 24 hour number).

The Office of Pretrial Services
(408) 299-4082

Bail

You have the right to request an increase in bail. The law requires that a judge set a person's bail within eight hours of being booked into custody. The judge can increase bail if the victim's safety is in danger. Tell the Pretrial staff that you fear for your safety and want the batterer's bail increased. Once bail is set, you have the right to request a rehearing for bail setting to increase or revoke bail.

Release at Arraignment

If the batterer has not posted bail, the judge will decide whether to release the batterer from custody at the first court hearing, the arraignment. The judge's decision is typically based upon the information provided by Pretrial Services. A recommendation for release should not be made without your input.

Supervised Own Recognizance Program (SORP)

Many batterers are released by the judge at arraignment on SORP. This program means the batterer's release is conditional upon meeting certain requirements the Court feels are necessary for your safety and to guarantee the batterer's appearance in court. Batterers are supervised by Pretrial staff to monitor their conduct.

Stay Away and Other Conditions of SORP

You have the right to request that a "stay away" or no contact order be a condition of release. This order is different from a restraining order. The order is available to local police agencies for enforcement and a notice is mailed to you. You may call 299-4091 to request a copy of the order or to ask questions. This no contact order will remain in effect throughout the court process, but can be changed.

Once the order is terminated or changed, the police agencies are notified, and you are also provided written notice. Other common conditions of release include participation in a batterer's program and substance abuse treatment.

Violation of SORP Conditions

If the batterer does not comply with the conditions of release, the Pretrial Officer will notify the Court and may recommend revocation of the Supervised Own Recognizance release. If the Court revokes the release, the batterer will be taken back into custody or a bench warrant will be issued. Pretrial Services' involvement in the case terminates at this point.

THE DISTRICT ATTORNEY'S OFFICE...

The decision to "press" or "drop charges" can only be made by the District Attorney's Office (DA). You, as the victim of a crime, cannot "press" or "drop" charges against the batterer.

The DA's Office will either file charges or reject the case based on the facts in the police report. There is a special unit that prosecutes domestic violence cases.

Your cooperation in the case is very important, but your lack of cooperation will not stop the prosecution. The DA prosecutes batterers to stop the violence against you.

If you have questions or would like to convey your thoughts about the case, you may contact the Deputy District Attorney assigned to the case. Call the DA's Office at (408) 792-2533 or the DA's Paralegal at (408) 792-2546.

The District Attorney's Office
(408) 792-2533
(408) 792-2546

Felony versus Misdemeanor

In general, a felony is a more serious crime than a misdemeanor. A felony conviction can result in a state prison sentence or local jail time. A misdemeanor conviction, however, is limited to no more than one year in the county jail.

Arraignment

If the District Attorney files charges, the batterer will be brought before a Superior Court judge who will tell the batterer what the charges are and ask for a plea.

The batterer may plead guilty or "no contest" and be immediately sentenced by the Court. You have a right to be present and heard by the judge at this time.

If the batterer is in custody, arraignment occurs within 48 to 78 hours. You can call (408) 792-2500 to find out the arraignment date, time, department, and court address.

If the batterer is out of custody, the filing of charges and arraignment could take several weeks.

Pretrial Conference (Misdemeanor Cases>

If the batterer pleads not guilty, a court date will be set for pretrial conference. At pretrial conference, the case is discussed by a judge, DA, defense attorney, and the batterer. You have the right to be present, but your presence is not required. If the batterer still pleads not guilty, the case goes to trial and a court date will be set.

Preliminary Hearing (Felony Cases Only)

If the batterer charged with a felony pleads "not guilty", a preliminary hearing is held to determine if the batterer should stand trial in Superior Court.

You will be asked to testify at this proceeding. You have the right to have an advocate or support person with you during this hearing. There is no preliminary hearing if the batterer is charged with a misdemeanor.

For Support Advocates, call...
Asian Women's Home
Community Solutions (South County)
Next Door
Support Network for Battered Women
Victim Witness
 (408) 975-2739
(408) 842-3118
(408) 279-7550
(800) 572-2782
(408) 295-2656

The Trial

The most cases are resolved by guilty pleas and do not go to trial. If the batterer pleads not guilty, a trial will be held.

The DA's Office has the burden of proving guilt "beyond reasonable doubt."

You will be called upon to testify at the trial. You have the right to have an advocate or support person with you at the trial.

Your Role as a Witness

If you receive a subpoena from the Court, you are required to appear in court. If you fail to appear, the Court may take you into custody to make sure you are present to testify.

You don't need a lawyer to represent you – only the batterer faces charges. You are never obligated to go to court unless you are subpoenaed. You have the right to attend any public court proceeding concerning the batterer.

Victim Witness Assistance Center

As a victim of a violent crime, you are entitled to reimbursement for medical expenses, lost wages, and counseling for you and your children. The Victim Witness Assistance Center is available to assist you

  • Emergency services, including food, shelter, clothing and transportation;
  • Follow-up care, including counseling;
  • Someone who will go to court with you;
  • Restitution

You can call the Victim Witness Assistance Center at
(408) 295-2656

If Someone Calls You About the Case

If someone calls you about the case, ask whom they represent. You have the right to speak with or refuse to speak with the batterer's attorney or investigator, including anyone from the Public Defender's Office.

Plea Agreements

Many cases are settled prior to trial through a plea agreement. A plea agreement means the DA's Office, the defense attorney, and the batterer agree upon the charge(s) and the conditions of the sentence. Charges may be reduced or dismissed during the process.

You have the right to be notified by the DA's Office of any plea agreement made in a case involving a violent felony. You can call the DA's Office any time to ask if the batterer's charge including a violent felony.

Notification of the Disposition of the Case

You have the right to be notified of the disposition of the case by the DA's Office. If formal probation is granted, the Probation Department will send you a written notice advising you of the conviction, the charge(s), and the conditions of the sentence.

THE PROBATION DEPARTMENT...

Presentence Investigation by Probation

In all felony cases, and in a small number of misdemeanor cases, the Probation Department prepares a presentence investigation report for the Court prior to sentencing. The report includes a description of the crime, the personal history and criminal record of the batterer, the batterer's statement, and your views regarding the offense.

Your statement is very important and may have an impact on the probation officer's recommendations and the Court's orders. You may contact the investigating probation officer (PO) at (408) 435-2200. The PO needs your current address and telephone number, which will be kept confidential.

The Probation Department
(408) 435-2200

Notification of Sentencing Hearing

If a presentence investigation is completed, the Probation Department will notify you of the sentencing hearing date and your right to appear and express your views to the Court. You also have the right to express your views in writing. You will receive this notice by mail.

The PO assigned to complete the report will attempt to contact you to ask about the nature and extent of your injuries and emotional distress. The PO will also be interested in your feelings about the batterer and the crime.

If you suffered a financial loss, you have the right to request that the batterer be ordered to pay those costs.

Probation Recommendations

The Probation Department makes recommendations to the Court about sentencing in cases referred for a report. These recommendations may include prison or jail time, programs to assist the batterer in taking responsibility for the violence, and restrictions of contact to protect you.

You have the right to:

  • Know the PO's recommendations;
  • Submit your own views and additional information to the Court to dispute the report;
  • Express your views to the Court prior to the sentencing.

Sentencing Requirements

The law requires the following conditions as the minimum sentence for anyone convicted of a crime against their partner:

  • Three years formal or court probation.
  • A criminal protective order protecting you from further acts of violence, threats, stalking, sexual abuse, harassment, and residence exclusion or stay-away conditions.
  • Notice to you of the disposition of the case.
  • Completion of a certified batterers program.
  • Restitution to you (payment of medical expenses, property damage or lost wages).
  • Public service work, fines, and booking within one week of the sentence if the batterer has not already been booked into custody.

The purpose of these conditions is to provide protection for you and to hold the batterer accountable.

Jail Alternative Programs

The batterer may be ordered to serve a County Jail sentence. There are, however, a number of jail alternative programs available to inmates that allow them to live or work in the community while serving their jail sentence.

Court Probation

If the batterer is granted court probation, the court is responsible for monitoring the batterer's compliance with the court orders. For assistance in a court probation matter, you must contact the sentencing court.

Formal Probation

If the batterer is granted formal probation, a probation officer (PO) will be assigned to supervise the batterer.

The Probation Department supervises the batterer to provide protection for you and to enforce the court order. The Probation Department has a specialized supervision unit to handle more serious domestic violence cases. You are encouraged to speak directly with the PO assigned to supervise the batterer. You may call (408) 435-2000 for the PO's name and phone number.

Batterers Programs

The batterer will be required to attend a year-long batterers program as a condition of the sentence. Participation in this program does not guarantee that the batterer will not be violent or abusive again. The purpose of the program is to teach the batterer how to stop the violence, but only the batterer can choose to stop the abuse.

By law, victims are not allowed to participate in the program with the batterer. You have the right, however, to request and receive information about the program and the batterer's participation in the program.

Contact with the Batterer while on Probation

The Court may also make an order restricting the batterer's contact with you. Typically, there are three kinds of contact orders imposed:

  • Do not harass, annoy, or strike the victim;
  • No contact whatsoever;
  • No contact without the approval of Probation.

Your safety is the primary concern. The PO will make the decision to restrict or otherwise place conditions on the contact the batterer is allowed to have with you. This decision will be based on risk, rather than your preference.

Other Probation Conditions

The batterer may also be required to participate in substance abuse counseling, submit to warrantless searches, submit to chemical testing, participate in parenting classes, and be prohibited form owning or possessing weapons. All persons convicted of a felony are prohibited from owning or possessing a firearm for life.

Service of Restraining Orders

If you decide to seek a civil restraining order in addition to whatever contact order the criminal court has made, you have the right to request that the PO serve a Restraining Order on the batterer.

You will need to provide the appropriate documents to the PO within the time frame required by the court to allow time for the PO to have the batterer report to the Probation Department.

Modifications while on Probation

You have the right to be informed of changes in the batterer's probation status, including a revocation of probation, the issuance of a bench warrant, or transfer to a lower level of supervision.

Violation of Probation

You have the right to report any violation of the court order to the PO. If the batterer fails to comply with the court order, he or she may be returned to court for Violation of Probation proceedings.

Sometimes, a hearing will be held and witnesses called. If you are called as a witness, you may request an advocate to accompany you to the hearing.

The judge, not a jury, will determine if the batterer is in violation of probation. Consequences for a violation of probation include more jail time or additional conditions of probation. In felony cases, the batterer may be sentenced to State Prison.

STATE PAROLE...

Upon release from State Prison, the batterer will be supervised by a State Parole Agent. The batterer's parole agent may be contacted to answer any concerns or questions regarding the batterer and parole. The typical parole term is three years, although the length of the term is determined by the offense(s) and the parolee's adjustment.

The Parole Agent
(408) 629-5980

Release from Prison

You have the right to request that the Board of Prison Terms advise you of an inmate's release from prison. This notification is not automatic and will only be done with your written request. Send your request to the Victim Services Program, PO Box 942883, Sacramento, California 94283.

Parole Conditions

A parolee released from State Prison for a domestic violence offense may be:

  • Prohibited from living with the victim.
  • Prohibited from having contact with the victim without parole agent approval.
  • Required to attend Parole Out-Patient Clinic (for psychiatric or psychological counseling).
  • Required to seek substance abuse counseling.
  • Required to attend a batterers program.
  • Subject to other restrictions as determined by the Parole Board.

You may call the Victim Services Program at (916) 324-6737 to have input into parole conditions prior to the inmate's release from prison.

Contact with the Parolee

The decision to allow the parolee to reside or have contact with you is based upon the parole agent's assessment of your safety. Contact the parole agent about your concerns. A parole agent can also serve a restraining order on a batterer, at your request.

Violation of Parole

If a batterer commits a criminal act such as domestic violence while on parole, he or she is in violation of parole. The parole agent will conduct an independent investigation into the violation, which is separate from criminal prosecution. The batterer is subject to both criminal prosecution and parole violation proceedings.

You have the right to report any violation of parole to the parole agent. In the investigation of the parole violation, the agent will want a police report case number, a statement from you, names and ways to contact witnesses, and photographs of injuries or property damage.

Morrissey Hearing

You may be subpoenaed to testify if there is a parole violation hearing. This administrative hearing is called a Morrissey Hearing, and is much less formal than a court trial.

At this hearing, a member of the Parole Hearing Division reviews the evidence of the violation. Although the parolee is usually present and may ask you questions, extreme cases may require you to be interviewed outside the presence of the batterer. In that instance, the parolee may leave a list of questions for you to answer.

Following the hearing, the victim may be notified as to its outcome. Violation of parole proceedings may take place with the batterer in or out of custody. The primary consideration is whether the batterer presents a threat to the safety of anyone if he or she is not incarcerated.

Consequences for Parole Violations

The consequences for a parole violation depend upon the severity of the charge. Any parole violation may result in actions that include, but are not limited to the following:

  • Continue on parole with no additional restrictions or limitations;
  • Continue on parole with additional requirements or conditions;
  • Increased supervision;
  • Return to custody for a period of time not to exceed 12 months.

 

CHAPTER 4: Your Rights and the Family and Juvenile Dependency Courts

Restraining Orders: Protection through the Family Court...

A Restraining Order is an order from the court instructing a specified person to stay away from you.

What Can a Restraining Order Do?

  • Order the batterer to stay a specified distance away from you.
  • Order the batterer to stay away from your home, work, school, family's home, children's school, child care center, or baby sitter's home.
  • Order the batterer to move out of your home, even if the batterer's name is on the lease or he or she is co-owner.
  • Give you custody of your children and make visitation orders.
  • Order the batterer to pay child support.
  • Order the batterer not to call or write you or do so through another person.
  • Divide up some of your property.
  • Order the batterer to reimburse you for lost earnings and/or actual expenses directly caused by violence.

Who Can Get a Restraining Order?

In order to get a restraining order you must meet two conditions:

  • Relationship: You and the other party must be one of the following: married, formerly married, related by blood/marriage/adoption, currently living together as "cohabitants", have formerly lived together, currently have or have had a dating relationship, or are parents in common of minor children.
  • Violence: The other party must have caused or attempted bodily injury or sexual assault or placed you in reasonable fear of physical or emotional harm.

If you are married, you do NOT have to get a divorce to obtain a restraining order.

How Can You Get a Restraining Order?

  • Obtain the forms. Free forms are available at the Family Court Clinic located in the Family Court building, 170 Park Center Plaza, in San Jose. The telephone number is (408) 299-8567. There will be a fee for parking.
  • Fill out the forms. You may get help with completing the forms at the Family Court Clinic or from a number of legal programs in the community (See the Where to Turn for Help section in this booklet).
  • File the forms with the Superior Court, Domestic Violence Office, 170 Park Center Plaza, in San Jose. There is no charge for filing.
  • When you file these forms at the Superior Court, a Temporary Restraining Order (TRO) will be issued. You will be given a court date when the permanent order will be made.
  • The Court will arrange to have copies of the TRO sent to the Sheriff's Department who will in turn put the order into a centralized state-wide registry which will identify the existence of the restraining order throughout the state for all police agencies.
  • Serve the order to the batterer. The batterer must be provided legal notice of the hearing for the judge to make the restraining order permanent. There are a number of ways to have the batterer served:
    • The batterer's probation or parole officer may serve the order.
    • A friend or relative over the age of 18 may serve the order.
    • You can hire a Process Server.
    • You can request the Sheriff's Department to serve the order for a fee (55 West Younger Avenue in San Jose).
  • Once the batterer has been served, the Proof of Service must be filed with the court.
  • Appear in court for the hearing. You must appear in court for the hearing for the judge to issue the permanent order. The permanent order will be in effect for three years. The batterer does not have to be present as long as he or she was served.
  • Note: If you initiate or accept contact from the batterer, the Restraining Order may be difficult to enforce and even frustrate the police as they attempt to enforce the order.

If you are not related to the batterer as defined above, you may file a Civil Harassment Order.

  • The forms may be purchased from Rose Printing, 20 North First Street, San Jose (408) 293-8177.
  • The completed forms must be filed at the Superior Court, 170 Park Center Plaza, San Jose.
  • The cost to file a Civil Harassment Order is $182 unless there has been violence or a threat of violence. In cases where there has been unwanted contact, but no violence, a fee waiver may be available if you are low income.

Who Can Help You Get a Restraining Order?
Community Solutions (South County)
Family Court Clinic
Next Door
Support Network for Battered Women
 (408) 842-3118
(408) 299-8567
(408) 279-7550
(800) 572-2782

Child Protection...

Children in homes where domestic violence occurs are at risk of physical and emotional abuse. Police officers who respond to a domestic violence incident must assess your children's safety. The officers will decide if the children should be placed in protective custody or if the Department of Family and Children's Services will investigate.

The Child Abuse and Neglect Reporting Center receives reports of suspected abuse or neglect.

  • Social workers respond to these reports twenty-four hours a day, seven days a week.
  • It is important to remember that the safety and well being of children is the primary concern.
  • The social worker will gather information to determine what services, if any, are needed to keep the children with you and to support your ability to provide a safe and healthy home.
  • Services are available in a variety of languages and may be voluntary or court ordered.

If your children are placed in protective custody, or if you feel you need assistance in protecting your children from domestic violence, the following information is important.

  • A social worker must investigate the reported incident(s) and make an assessment of child safety.
  • The focus of services is to keep the children in your home whenever possible.
  • You may be offered voluntary services to ensure the safety and well being of your children. Crisis intervention and other supportive services, such as respite child care, counseling, and parenting skills, are available to you.

If your children are not released to your custody within 48 hours, court proceedings will begin. In Juvenile Court you have the right to:

  • Be notified of all hearings and to be present in court.
  • Be represented by a lawyer. If you have no funds, the Court will appoint a lawyer to represent you.
  • Read any reports prepared for the Court and express your views to the Court.
  • Have the trial about the charges. In the trial you have the right to see, hear, and ask questions of any witnesses and to subpoena your own witnesses.

The judge must decide whether or not to return children to the home and under what conditions. The Court must take the least restrictive action and make every effort to keep children in their home unless it is not safe.

If the Court removes your children from your custody:

  • The Court will review the case every six months.
  • You will be expected to follow the orders of the Juvenile Court to reunify with your children.
  • The assigned social worker will work closely with you to accomplish the reunification plan.
Social Workers and Attorneys
Association of Dependency Attorneys
Dept. of Family and Children's Services
Dependency Legal Services
 (408) 995-0601
(408) 441-5100
(408) 995-0442

 

CHAPTER 5: Where to Turn for Help

Crisis Hotlines
Asian Women's Home
Community Solutions (South County)
CONTACT (hotline for all other hotlines)
Mid Peninsula YWCA Rape Crisis Center
National Domestic Violence Hotline
Next Door
Parental Stress
Support Network for Battered Women
      - Spanish
South County Rape Crisis
Suicide Crisis Service
Woman Inc. (includes Lesbian / Bi-sexual)
24-7 Line (Youth Crisis)
 (408) 975-2739
(408) 683-4118
(408) 279-8228
(650) 493-7273
1 800 799-SAFE
(408) 279-2962
(650) 327-3333
1 800 572-2782
1 800 57BASTA
(408) 779-2115
(408) 279-3312
(415) 864-4722
1-888-247-7717

Drop-In Support Groups
Support Network for Battered Women
     444 Castro, #305, Mt View, CA
     Cost: Free with free childcare
     Engl: MON., 6-8 PM, TU., 3-4:30 PM
     Span: SAT., 10-12 PM
     Lesbian / Bisexual: Call for info
 
Next Door
     1181 N. 4th St., San Jose, CA
     Voluntary donation;
     Limited free childcare
     Engl: TU., 6-8 PM; Span: TU., 5-7 PM
 
Community Solutions
     8120 Westwood Drive, Gilroy, CA
     Cost: Free; no childcare provided
     English: Wed., 10:30 AM-12 PM
 (800) 572-2782
 
 
 
 
(650) 940-7855
 
(408) 279-2962
 
 
 
 
 
(408) 683-4118
 
 
 

Shelters - Battered Women and Children
Santa Clara County
Support Network for Battered Women
Community Solutions (South County)
Next Door
Asian Women's Home
WATCH (non-emergency housing)
 
Outside Santa Clara County:
Fremont – SAVE
Hayward Emergency Shelter Program
Lafayette Battered Women's Alternatives
Livermore –Tri-Valley Haven
Oakland – A Safe Place
Salinas – Shelter Plus
Santa Cruz – Women's Crisis Support
San Francisco Asian Women's Shelter
San Francisco – Casa de Las Madres
San Francisco – Rosalie House
San Mateo – Center for Dom. Viol. Prev.		  
(800) 572-2782
(408) 683-4118
(408) 279-2962
(408) 975-2739
(408) 942-0209
 
 
(510) 794-6055
(510) 786-1246
(510) 930-8300
(510) 449-5842
(510) 536-7233
(408) 422-2201
(408) 429-1478
(415) 751-0880
(415) 333-1515
(415) 255-0165
(415) 342-0850

Legal Information / Restraining Orders (TRO's)
Support Network for Battered Women
Community Solutions (South County)
Next Door
Asian Women's Home
Family Court Clinic (free forms available)
Legal Aid Society ( ext. 286 )
Lawyers Referral / Modest Means
East Palo Alto Community Law Project
Legal Advocates for Children & Youth
Santa Clara University Law Clinic
 (800) 572-2782
(408) 683-4118
(408) 279-2962
(408) 975-2739
(408) 299-8567
(408) 283-1535
(408) 971-6822
(650) 853-1600
(408) 293-4790
(408) 554-1945

Counseling / Information for Women and Children
Adult and Child Guidance
Alum Rock Counseling Center
Asian Women's Home
Billy De Frank Lesbian / Gay Info.
The Bridge (Morgan Hill)
Center for Human Development
Center for Living with Dying
Centro de Bienestar (Gardner)
Consumer Credit Counseling Service
Community Solutions (South County)
Domestic Viol. Counseling & Intervention
Domestic Violence Victim Advocate
Family Service Association
Giarretto Institute (Incest)
Immigration Services
Jewish Family Services
Korean Community Center
Maitri
Next Door
Proyecto Primavera
San Jose State Univ. Counseling Service
Support Network for Battered Women
Teen Counseling
Tino Esparza Counseling Community Ctr.
Victim / Witness Program
Woman Inc. (including Lesbian / Bisexual)
 (408) 292-9353
(408) 294-0500
(408) 975-2730
(408) 293-2429
(408) 779-2113
(408) 247-1771
(408) 980-9801
(408) 287-6200
(408) 988-7881
(408) 842-3118
(408) 261-5890
(408) 441-5848
(408) 288-6200
(408) 453-7616
(408) 944-0691
(408) 356-7576
(408) 248-5227
(408) 730-4049
(408) 279-2962
(408) 977-1591
(408) 924-5910
(800) 572-2782
(408) 224-8336
(408) 296-0936
(408) 295-2656
(415) 864-4777

Law Enforcement
Adult Probation
Booking – Santa Clara County Main Jail
Child Protective Services
District Attorney's Child Abduction Unit
District Attorney's Domestic Violence Unit
      Gilroy
      Palo Alto
California Highway Patrol
Campbell Police
Gilroy Police
Los Altos Police
Los Gatos Police
Milpitas Police
Morgan Hill Police
Mountain View Police
Office of Pretrial Services
Palo Alto Police
San Jose Police
      Records
      Family Violence Center
      Police Standby / Escort
Santa Clara Police
Santa Clara County Sheriff
State Parole
      Or
Sunnyvale Public Safety
Pacific Bell Call Tracing
 (408) 435-2100
(408) 299-2306
(408) 299-2071
(408) 922-1333
(408) 792-2533
(408) 686-3600
(650) 328-1173
(408) 277-1800
(408) 866-2101
(408) 848-0350
(650) 948-8223
(408) 354-8600
(408) 942-2400
(408) 779-2101
(650) 903-6344
(408) 299-4091
(650) 329-2413
 
(408) 277-4302
(408) 277-3700
(408) 277-4222
(408) 261-5300
(408) 299-3233
(408) 629-5980
(408) 683-2681
(408) 730-7100
1-800-698-7223

City of San Jose
Family Violence Center
125 East Gish Road
San Jose, California 95110
(408) 277-3700
The Family Violence Center provides personal contact with police investigators, deputy district attorneys, and victim advocates. A children's waiting area is available.
San Jose Police Department
District Attorney
Next Door
 (408) 277-3700
(408) 299-7500
(408) 279-7578

 

CHAPTER 6: Suggested Reading

Click on a title to check on availability.

Agtuga, Jacqueline.
A Community Secret: For Filipina in an Abusive Relationship.
Seattle, Washington; Seal Press, 1994.

Browne, Angela.
When Battered Women Kill.
New York; Free Press, 1987.

Evans, Patricia.
Verbal Abuse: Survivors Speak Out.
Hollbrook, Massachusetts; Bob Adams Inc. Publishing, 1993.

Fortune, Marie.
Keeping the Faith: Questions and Answers for the Abused Woman.
San Francisco; Harper, 1987.

Gondolf, Edward W.
Man Against Woman: What Every Woman Should Know About Violent Men.
Blue Ridge Summit, Pennsylvania; Tab Books Inc., 1989.

Gunn, Allen & Paula.
Violence and the American Indian.
Working Together. Seattle, Washington; Center for the Prevention of Sexual and Domestic Violence, April 1995.

Island, David & Letellier, Patrick.
Men Who Beat the Men Who Love Them: Battered Gay Men & Domestic Violence.
New York; Harrington Park Press, 1991.

Jones, Ann.
Next Time She'll Be Dead.
New York; Beacon Press, 1994.

Jones, Ann and Schechter, Susan.
When Loves Goes Wrong: What To Do When You Can't Do Anything Right.
New York; Harper Collins, 1992.

Levy, Barrie.
In Love and In Danger: A Teen's Guide to Breaking Free of Abusive Relationships.
Seattle; Seal Press, 1993.

Lobel, Kerry.
Naming the Violence: Speaking Out About Lesbian Battering.
Seattle; Seal Press, 1986.

Nicarthy, Ginny.
Getting Free: A Handbook for Women In Abusive Relationships.
Seattle; Seal Press, 1987.

Nicarthy, Ginny and Davidson, Sue.
You Can Be Free: An Easy to Read Handbook for Abused Women.
Seattle: Seal Press, 1989.

Paris, Susan.
Mommy and Daddy are Fighting: A Book for Children About Family Violence.
Seattle: Seal Press.

Renzetti, Claire.
Violent Betrayal: Partner Abuse in Lesbian Relationships.
Newbury Park, California: Sage, 1992.

White, Evelyn.
Chain, Chain, Change: For Black Women Dealing with Physical and Emotional Abuse.
Seattle: Seal Press, 1985.

Yllo, Kersti & Bograd, Michele.
Feminist Perspectives on Wife Abuse.
Beverly Hills: Sage, 1988.

Zambrano, Myrna.
Mejor Sola Que Mal Accompanada: Para La Mujer Golpeada / For the Latina in an Abusive Relationship. (Spanish / English).
Seattle: Seal Press, 1985.

Zambrano, Myrna.
No Mas: Guia Para La Mujer Golpeada. (Spanish).
Seattle: Seal Press, 1994.

     

Acknowledgements:

We would like to offer special thanks to the following programs:

  Support Network for Battered Women
  Next Door: Solutions to Domestic Violence
  Community Solutions
  Santa Cruz Battered Women's Task Force

Dedication

The Santa Clara County Probation Department is committed to ending domestic violence. This information and referral handbook, compiled by staff, with contributions from community advocates and other criminal justice professionals, is dedicated to all victims of domestic violence. It is our hope that information contained in this handbook may contribute to your personal safety.

Domestic violence is a crime. It is an insidious social problem that seriously impacts the family and causes traumatic consequences for the victim. It is a crime characterized by intimidation, physical and emotional harm, and coercion and threats used by the perpetrator to maintain power and control. There are many dedicated professionals and programs available for your assistance. We want you to know you are a phone call away from someone who cares.

- John Cavalli - Chief Probation Officer.

 

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