VAWA: Violence Against Women Act

The VAWA self-petition is available to victims of extreme cruelty or battery at the hands of their U.S. citizen or lawful permanent resident (LPR) spouses, parents, or children. Through VAWA, you may be eligible to file a petition for immigration status without your abuser's assistance or knowledge.

Generally, in order to qualify as a VAWA self-petitioner, you must show that:

1. You have a qualifying relationship with an abusive U.S. citizen or LPR;
2. You had a good faith marriage (if the petition is based on a spousal relationship);
3. You were subject to battery or extreme cruelty by the the U.S. citizen or LPR;
4. You resided with the abuser; and,
5. You are a person of good moral character.

These are the general requirements for a VAWA self-petition and do not address any complicated immigration issues that may apply to you. If you are a victim of battery or extreme cruelty by a spouse, parent, or child, please contact our LAP team at lapinfo@peaceoverviolence.org.

U-VISA

The U-Visa is a temporary visa that is available for victims of specific types of crime. Generally, in order to qualify for a U-visa, you must show that:

1. You were a victim of a qualifying crime;
2. The crime occurred in the U.S. or violated the laws of the U.S.;
3. You were, are, or are likely to be helpful in the investigation or prosecution of the crime; and
4. You suffered substantial physical or mental harm as a result of having been a victim of that crime.

These are the general requirements for a U-visa and do not address any complicated immigration issues that may apply to you. If you were the victim of a crime, please contact our LAP team at lapinfo@peaceoverviolence.org.

DACA

Consideration of Deferred Action for Childhood Arrivals (DACA) is available to some of those who entered the United States as children and have remained since. Generally, in order to qualify you must show:

1. Were under the age of 31 on June 15, 2012;
2. Came to the United States before reaching your 16th birthday;
3. Have resided in the United States since June 15, 2007, up to the present time;
4. Were physically present in the United States on June 15, 2012, and at the time of application;
5. Had no lawful status on June 15, 2012;
6. Are currently in school, have graduated from high school, have your GED, or were honorably discharged from the Coast Guard or Armed Forces of the United States; and
7. Have no serious criminal history.

These are the general requirements for DACA and do not address any complicated immigration issues that may apply to you. If you believe you may be eligible for DACA, please contact our LAP team at lapinfo@peaceoverviolence.org for more information.

T-VISA

The T-Visa is available for victims of trafficking, both domestic and international.

Generally, in order to qualify for a T-visa, you must show that:

1. You are a victim of trafficking, as defined by law;
2. You are physically present in the U.S., a U.S. territory, or a port of entry due to trafficking;
3. You complied with any reasonable request for assistance in the investigation or prosecution of the trafficking crime; and,
4. You resided with the abuser; and,
5. You would suffer extreme hardship involving severe and unusual harm if removed from the U.S.

These are the general requirements for a T-visa and do not address any complicated immigration issues that may apply to you. If you are a victim of sex or labor trafficking, please contact our LAP team at lapinfo@peaceoverviolence.org.

Divorce

California is a “no fault” divorce state, which means there is no need to provide proof that either spouse did something wrong in order to get a divorce. You do not need the other party to cooperate with the divorce process.

The Legal Advocacy Project helps to permanently end a legal marriage and/or registered domestic partnership and to establish rights to community and separate property for survivors of domestic violence and sexual assault.

If you are interested in filing for divorce or would like more information about your rights during divorce proceedings, please contact the LAP team at lapinfo@peaceoverviolence.org.

For more information: http://www.courts.ca.gov/selfhelp-divorce.htm

Child Visitation & Custody

In California, each parent has a right to share physical and legal custody of their minor child. Although there is a presumption of joint custody, there are circumstances where the court can vary the custody arrangement. This is often true when the court finds that the other parent has committed domestic violence in the last five years. The parties may reach their own custody and visitation agreement, but the judge can make the final decision.

The Legal Advocacy Project provides services to request custody and visitation rights of minor children and modify current orders depending on the circumstances of the case.

For assistance with child visitation and custody, or for more information about your rights, please contact the LAP team at lapinfo@peaceoverviolence.org.

For more information: http://www.courts.ca.gov/17975.htm

Child Support

The Legal Advocacy Project helps parents with initial requests for support orders for minor children, including health and child care expenses. LAP can also help with requests to modify current orders for survivors of domestic violence and sexual assault.

If you require assistance filing for child support or modifying a current order, please contact the LAP team at lapinfo@peaceoverviolence.org.

For further information, visit: http://www.courts.ca.gov/selfhelp-support.htm

Spousal Support

The Legal Advocacy Project helps survivors of domestic violence and sexual assault who are separated from their partner to get initial orders for spousal or partner support (including health insurance) as well as assists with requests to modify orders.

For more information: http://www.courts.ca.gov/1038.htm

Paternity

The Legal Advocacy Projects helps survivors of domestic violence and sexual assault with Petitions to Establish Paternal Relationships and or respond/defend against Petitions to Establish Paternal Relationships. The Legal Advocacy Project also assists with paternity issues in divorce cases.

If you have concerns regarding establishing paternity, please contact the LAP team at lapinfo@peaceoverviolence.org.

For further information visit: http://www.courts.ca.gov/selfhelp-parentage.htm

Emergency Protective Order (EPO)

If a police officer responds to a domestic violence call, depending on the severity of the case and/or the safety of the survivors, the police officer might be able to request an EPO from a judge or a commissioner. The EPO protection can last anywhere between 3 to 7 days.

Temporary Restraining Order (TRO)

A TRO or a Domestic Violence Restraining Order (DVRO) is a short-term civil order issued by a state court judge. The TRO must be served upon the respondent (opposing party) to give the respondent notice of the TRO terms and time to respond at the Permanent Restraining Order hearing. The TRO cannot be served by a person who is a party to the case and he/she must be over the age of 18. Proof of service must be filed with the court at least 5 days before the Permanent Restraining Order hearing. A TRO is valid for up to 25-30 days.

Permanent Restraining Order or Domestic Violence Protective Order (DVPO)

When a TRO is granted, a hearing date date is set for a Permanent Restraining Order. Both parties present themselves in front of a state court judge. The judge grants or denies the protective order and decides how long it shall remain in effect, typically ranging from 1-5 years.

If you are a survivor of domestic violence or sexual abuse and would like assistance in filing for a restraining order or have questions about the process, please contact us at lapinfo@peaceoverviolence.org.

For more information: http://www.courts.ca.gov/1264.htm