Domestic Violence Issues

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831-646-3914

Monterey Police Department
351 Madison Street
Monterey, CA 93940

Records
831-646-3830

Open 24 hours a day.

Service, Commitment, Honor

Domestic Violence Information

WHAT IS DOMESTIC VIOLENCE?
Domestic violence is an escalating pattern of behaviors that may include physical abuse, sexual abuse, and emotional abuse. Domestic violence affects victims in all walks of life, regardless of race, social status, or economic status. Unlike most other crimes, victims of family violence are victimized by those they trust and love. Victims may experience a wide variety of emotions and may be confused by feelings of fear, loyalty, love, guilt, and shame. They are torn between the desire to protect and help a loved one, and their responsibility to their own safety as well as the safety of any other family members in the household. Violence in the home affects everyone in the household, and unfortunately this is the reason it perpetuates in our society.

WHAT WILL THE POLICE DO?
WHEN CAN THE POLICE MAKE AN ARREST?
WHAT HAPPENS WHEN AN ARREST IS MADE?
WHAT HAPPENS NEXT?
WHAT IS A RESTRAINING ORDER?
WHAT DO I DO IF THE PERSON VIOLATES THE ORDER?
WHAT IF THE ORDER WAS ISSUED IN ANOTHER STATE?
ARE THERE OTHER REMEDIES AVAILABLE?
WHAT OTHER RESOURCES ARE AVAILABLE?
WHAT RESOURCES ARE AVAILABLE TO ASSIST THE BATTERERS?
WHAT IS THE VICTIM'S COMPENSATION PROGRAM?

Fortunately, recent changes in the law have been enacted to help protect victims and end the cycle of violence. The attitude of the Monterey Police Department is that domestic violence is a crime and must be treated as such. The purpose of this brochure is to educate and empower those whose lives have been touched by family violence. Included within, you will find information and resources regarding the law and local agencies that can offer assistance. If you have questions, or need additional assistance, you may contact the Domestic Violence Unit of the Monterey Police Department at 646-3806. If you are a victim of violence, or fear for your safety or the safety of another due to domestic violence, call 9-1-1 immediately.

WHAT WILL THE POLICE DO?
First, the responding officers will stop any violence occurring and make sure the scene is safe for everyone present, including victims, other household members, and the officers themselves. Then they will gather information about the situation and decide what should be done next. Depending on the circumstances, an arrest may be made. If the situation does not warrant an arrest, the officers will assist you with resources and other alternatives that may be considered. If there is no arrest made, ask the officer to document the incident with a police report anyway.

WHEN CAN THE POLICE MAKE AN ARREST?
In most circumstances involving domestic violence, an officer will make an arrest when he/she has probable cause to believe a crime has occurred. Under many circumstances, an officer may be mandated to make an arrest. There are a number of laws, both misdemeanor and felony, that address domestic violence. The officers on scene will assess the circumstances and take action based on the applicable laws. Please understand the officers must act based upon legal and departmental guidelines, and cannot make discretionary decisions in these cases.

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WHAT HAPPENS WHEN AN ARREST IS MADE?
When an arrest is made, the person arrested will be taken to the Monterey Police Department and booked into the city jail. Regardless of whether the case is a misdemeanor or felony, the arrested party will be required to post a bail bond in order to be released. A bail bond is an amount of money the court requires a defendant to forfeit in order to assure the defendant will appear in court. Required bail amounts vary depending upon the crime involved. If the defendant cannot post bond, he/she will be held until arraignment, usually within a couple of days. If the defendant is able to post bond, he/she will be released with a "stay away" order. This is a temporary order that assists the victim by restraining the perpetrator from having any contact with the victim, including telephonic contact or e-mail, until the perpetrator is arraigned in court. When a bond is posted, the Monterey Police Department will attempt to notify the victim that the perpetrator is being released. If the victim is contacted or harassed by the perpetrator in any way, he/she should notify the police immediately. In that case, the police can re-arrest the perpetrator on a new criminal charge requiring an additional bail bond.

WHAT HAPPENS NEXT?
The police officers will complete a police report and forward it to the District Attorney's office. The District Attorney's office has a unit specifically trained to handle domestic violence cases. One of the attorneys in that unit will review the case and file the appropriate charges with the court. The case will then move forward through the court system. Our justice system is a complicated system, and it may be some time before the case is resolved. The Victim/Witness program at the District Attorney's Office can assist you with any questions you have regarding the court proceedings. That unit can be reached during business hours at 755.5072. Their phone number is also listed in the resource section of this brochure.

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WHAT IS A RESTRAINING ORDER?
A restraining order is a court order that restricts a person's actions. There are different kinds of orders available, some of which are civil orders and some which are criminal protective orders that arise from court proceedings related to a criminal case. If you have been threatened, abused, harassed, or assaulted, you can obtain an order to protect yourself and your family. There are local agencies that can assist you in obtaining a restraining order or an order of protection. Those agencies are also listed in the resource section of this brochure. You may also contact a private attorney of your choice to assist with this.

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WHAT DO I DO IF THE PERSON VIOLATES THE ORDER?
Notify the police immediately! When possible, the police will make an arrest. If it is not possible to make an immediate arrest, such as when a perpetrator calls or e-mails the victim from an unknown location, ask the officer to complete a report and forward it for prosecution. The case will then be forwarded to the District Attorney's office for a complaint to be filed. A warrant will then be issued for the perpetrator's arrest. It will be helpful to the officer if you obtain a copy of the order and keep it with you, but it is not necessary for the officer to take action.

WHAT IF THE ORDER WAS ISSUED IN ANOTHER STATE?
The nation's Violence Against Women Act requires every jurisdiction in the United States to recognize and enforce any valid protection order issued by any state, tribal government, the District of Columbia, or by any commonwealth, territory or possession of the United States. If the order is current, valid, and issued in one of these jurisdictions, it will be enforced by responding officers.

ARE THERE OTHER REMEDIES AVAILABLE?
Yes, you have the right to file a civil lawsuit seeking damages for any losses you have suffered as a result of abuse, including medical expenses, lost wages, and any other expenses for injuries suffered or property damaged as a result of abuse.

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