If you are being abused or harassed, it is important to consider the best way to receive legal protection from these actions. First, you must communicate the type of relationship you have with the culprit, and the nature of the abuse. California law states types of protection you may receive and what is required to be eligible to receive protections. Rubin Law Corporation – Sexual Harassment Lawyer Los Angeles recommends receiving legal advice from an experienced harassment attorney to understand future options.
What types of abuse or harassment cases end up in civil court?
There are four types of abuse or harassment. These are:
- Domestic violence
- Workplace violence
- Civil harassment
- Elder or dependent adult abuse
Exercise Your Rights
If you fear for your safety and feel your life is being immediately threatened, call 911. Otherwise, these are potential actions you can take:
- If you are being harassed in the workplace or in your home, file a claim with the California Department of Fair Employment and Housing. If you believe what is happening may be a crime, you can also report it to law enforcement.
- If you are the victim of stalking or cyberstalking, report this to your local police department or the Department of Justice.
- If you have witnessed a crime, whether you or someone else is the victim, you can report it anonymously via text to 274637 or a phone call LAPD at 800-222-8477.
What should I do if the police won’t take me seriously?
Police have a responsibility to protect individuals from a valid threat to their lives and safety. This means they must investigate any valid report of a crime. If you feel a report has not been taken seriously, you have the right to file a lawsuit or seek prosecution by the Federal
Government.
What rights do I have as a victim of harassment or abuse?
Your rights include:
- To be treated fairly, respecting your dignity and privacy.
- To be treated without intimidation, abuse, or harassment
- To be reasonably protected from the defendant or anyone acting on behalf of the defendant.
- To keep your confidential information safe, and to not disclose confidential information to the defendant’s attorney or anyone acting on behalf of the defendant.
- To refuse to be interviewed by the attorney for the defendant or to have reasonable conditions set before you agree to any such interview.
- To have your safety and the safety of your loved ones considered. Including when considering the amount of bail and release conditions for the defendant.
- To be notified of the arrest of the defendant when it happens. Also, to be informed on which charges were filed against the defendant.
- To be informed before any pretrial disposition of the case.
- To receive notice of all public proceedings upon request.
- To be present at all proceedings.
- To be heard at any proceeding in which any of your rights may be at issue.
- To a speedy trial.
- To prompt and final conclusion of the case.
How can I obtain a restraining order?
You can request a restraining order against the individual(s) who is committing abuse or harassment. This process can be completed at a Superior Court. A restraining order can be requested even in cases when an arrest has not yet been made and police have not been contacted.
In cases of domestic violence both restraining orders and legal representation will be provided for free.
Emergency protection orders are available 24/7 through the police department. Temporary restraining orders can be obtained at a Superior Court. Once a restraining order is obtained, it is necessary to serve a copy to the perpetrator.
