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Summary CJ 333 Unit 8 Assignment.docx CJ-333 Laws on Domestic Violence Purdue University Global Introduction Domestic violence (DV) is a criminal act in which offenders must be held accountable for. To combat this problem. State and federal laws have been $7.49
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Summary CJ 333 Unit 8 Assignment.docx CJ-333 Laws on Domestic Violence Purdue University Global Introduction Domestic violence (DV) is a criminal act in which offenders must be held accountable for. To combat this problem. State and federal laws have been
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CJ 333 Unit 8 A CJ-333 Laws on Domestic Violence Purdue University Global Introduction Domestic violence (DV) is a criminal act in which offenders must be held accountable for. To combat this problem. State and federal laws have been set in place to make sure justice is serve. One of the man...
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CJ-333
Laws on Domestic Violence
Purdue University Global
Introduction
Domestic violence (DV) is a criminal act in which offenders must be held accountable
for. To combat this problem. State and federal laws have been set in place to make sure justice is
serve. One of the many statutes that California set into place, penal code section 273.6, covers
what is considered a violation to a restraining order and what happens when the order is violated.
A common federal law is the Lautenberg Amendment, an extension of the Gun Control Act of
1968, covers gun control and the criminal acts that prohibit a convicted offenders of possessing a
firearm.
State Law on Domestic Violence
A restraining is ordered by the court and is set to protect the person filing (petitioner)
from harm by their aggressor. “An order enjoining a party from harassing, intimidating,
telephoning, including, but not limited to… coming within a specified distance of, or disturbing
the peace of, the petitioner.” (Civil procedure, n.d) What happens when the aggressor violates the
restraining order (also call protective order)? California penal code section 273.6(a) states that
“any intentional and knowing violation of a protective order, as defined in… is a misdemeanor
punishable by a fine of not more than one thousand dollars ($1,000), or by imprisonment in a
county jail for not more than one year, or by both that fine and imprisonment.” (Legislative
information, n.d) The consequence depends on the severity of the violation.
, In Los Angeles County Super. Ct. No. 18STRO04529, Nicole G., v. Warren
Braithwaite, the intimate partners filed Domestic Violence Restraining Orders (DVRO) against
one another when they accused one another of arguing, stalking, and other various issues.
Warren did not have much evidence warranting a DVRO but Nicole had a rap sheet of
incidents. Most of the accusations were of stalking and tracking of Nicole’s cellular device.
“The trial court found “there have been both acts of physical violence here as well as stalking
behavior” by Warren… The court told Warren: “I think she’s genuinely afraid of you, and I
think she was throughout at least the last year and a half. And, for that reason, I find that a
restraining order is necessary here.” (Division eight, 2020) Nicole was granted DVRO and was
able to maintain possession of a residence that they stayed in together, while Warren had to
move out.
In Keith McCord v. Celeste Smith, both partners filed DVRO against one another where
Smith’s request was granted and McCord’s was denied. McCord had a prior history of offenses
and exhibited similarly behavior within their relationship. Smith presented evident of McCord
stalking, antagonizing, and attempting to physically hurt her. In one incident, McCord attempted
to reverse a car over Smith. “The Court further finds [McCord] continued to have contact with
[Smith] months after he admitted they broke up, which is classic stalking behavior....The Court
finds, by a preponderance of the evidence, that acts of domestic violence have occurred and
that...McCord is the perpetrator, and...Smith and her minor daughter are the victim[s].” (Division
three, 2020)
Federal Law on Domestic Violence
If an offender is charged with a misdemeanor in domestic violence, under the Lautenberg
Amendment, they at that time forfeited their rights to possessing or ownership of a firearm. “The
amendment was first presented in United States v. Emerson (2002)... prohibiting those who have
used or who have attempted to use physical force against an intimate partner or child from
transporting firearms or ammunition in interstate commerce.” (Lautenberg amendment, 2019)
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