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Reproductive Coercion Now Violation Of Protective Order

Posted on in Criminal Defense

wheaton defense lawyerThis summer, California Governor Gavin Newsom signed a bill that amended the state’s Domestic Violence Prevention Act to include reproductive coercion as justification for a protective order. The measure defines reproductive coercion as using force to control the reproductive autonomy of another person.  

Reproductive Coercion

When defining reproductive coercion, the new law describes “force” as applying unreasonable pressure, deliberate interference of access to contraception or reproductive health information, or using coercive tactics to control pregnancy outcomes. 

Examples of reproductive coercion could include a boyfriend tampering with his girlfriend’s birth control pills, intentionally impregnating her without her consent, or pressuring her to have an abortion despite her protests. 

Reproductive coercion is actually more common than you might think. In a 2018 study, researchers found that up to 14 percent of women who visited a family planning clinic in the U.S. reported reproductive coercion and that upwards of 30 percent of women will experience it in their lifetime. 

Protective Orders in California

A protection order or restraining order is a court-issued document that sets clearly defined boundaries and limitations to protect a party from abuse or harassment. A person may petition the court for a restraining order if they have been physically or sexually abused, threatened, stalked, or harassed.  

There are four main types of protective orders. They are categorized by the type of victim and the abuse he or she has experienced. These include:

  • An Elder or Dependent Adult Abuse Restraining Order protects anyone over the age of 65 or those with certain mental or physical disabilities.

  • A Domestic Violence Restraining Order protects a person in a domestic relationship, including family members, romantic partners, and roommates. 

  • A Civil Harassment Restraining Order protects someone outside of a domestic relationship. 

  • A Workplace Violence Restraining Order protects an employer from an employee.

The terms of a protective order generally prohibit the restrained party from having or attempting to contact the protected party. This may include prohibiting the restrained party from visiting certain places or possessing firearms. If someone violates the terms of a restraining order, they face criminal charges punishable by fines and jail time.  

Contact a Palo Alto Domestic Violence Defense Attorney

If you have been charged with a domestic violence offense or violation of a protection order,  contact an experienced Palo Alto defense lawyer for help. For more than 15 years, attorney Cory Fuller has provided legal services to his community. Call the Fuller Law Office today at 408-234-7563 for a free consultation. 

 

Sources:

https://www.gov.ca.gov/2021/07/23/governor-newsom-signs-legislation-7-23-21/

https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB374

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5577387/

https://srh.bmj.com/content/45/1/61

https://www.courts.ca.gov/1260.htm?rdeLocaleAttr=en

 

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