SJPD Star

 

Family Violence Center

Ph:   (408) 277-3700
FAX: (408) 287-7181

Family Violence Center
1671 The Alameda
Suite #100
San Jose, CA. 95126

[Map Link]

Family Violence Center hours:
Walk-ins accommodated on Tuesday, Wednesday and Thursday: 8:00 AM to 5:00 PM

By appointment Monday and Friday: 8:00 AM – 5:00 PM

Office: 408.277.3700
Fax:    408.287.7181

Reporting Domestic Violence

What To Do If You Are The Victim Of A Domestic Assault Or Related Crime.

Domestic violence is a serious community problem, which affects individuals of all races, religions and socio-economic backgrounds, including elders and juveniles. The San Jose Police Department, in conjunction with the Santa Clara County District Attorney's Office, agree to respond to acts of domestic violence as crimes. Victims of domestic violence will be treated with respect and dignity and will be given all available assistance by law enforcement personnel responding to an incident of domestic violence.

Immediately call 911 for police and medical attention. If this is not an option, try to protect yourself as best you can and contact 911 as soon as possible. Try to provide as much information to the 911 call taker as possible. This includes the suspect's location and description, what happened, and if there were any weapons involved. If you know the location of a weapon, tell the call taker.

If you have injuries, police and medical personnel will attend to these injuries when they arrive.

Provide the responding police officers with as much information as you can. If the offender is still on scene, direct officers to the person’s location. Tell the officers what occurred prior to and during the incident, including what was said and if any threats were made. If a weapon was used, tell the officers its location if you know it and how it was used against you. Advise them of any witnesses to the incident including children who were present. Tell them of any past incidents that may have occurred. The officers may ask some delicate and personal questions during their investigation. Do not be ashamed to answer them; they are for the purpose of further investigation and to assist in collecting evidence.

San Jose police officers have received specialized training regarding the intricacies and different elements involved in domestic situations. They can offer many services provided within the community and can help you find temporary shelter if needed. They will provide you with a “Domestic Violence Resource Card” that will have phone numbers to the various family services available to you as well as other information about your rights as a victim.

After The Incident If the offender has been arrested at the scene, several things will take place depending on what the offender was arrested for:

Felony Level If the offender is arrested for a felony level crime, the person will be booked into the Santa Clara County jail. Even though the offender has been booked into jail, there is no guarantee how long he or she will be held in custody. The arrestee may be released at any time. Because of this, it is important that if the victim has concern for their safety if the offender were to be released, an Emergency Protective Restraining Order (EPRO) should be obtained at the initial scene. Officers shall advise the victim of the availability and purpose of an EPRO at the scene.

For information about an offender’s status or to receive notification of his or her release from jail, the victim can call or click the following link:

    Santa Clara County Victim Notification System: (877) 411-5588 Top of page

An investigator from the Domestic Violence Unit will review the responding officer's report from the incident. The investigator will attempt to contact you. If you do not have a phone or are some place that the police might not know about, call 408-277-3700 to contact the investigator who has been assigned the case.

The investigator may contact you for a more detailed “re-interview” and may meet with you to take “follow-up” photos of any visible injuries. The investigator may also request that you sign a medical records release form. The investigator will also attempt to interview the offender and any witnesses. Further evidence may be requested or collected.

The investigator will then present the case to the Santa Clara County District Attorney’s Office. The D.A. will decide if the evidence merits charging the offender with a crime. The D.A. will also look at the past history of the offender as well as probation and parole status. If charged, the offender will see a judge within 72 hours of the arrest and bail will be set. The D.A.’s office will contact you in the future regarding the case.

If the offender is not arrested at the scene, the investigator will most likely contact you and will proceed with the case as described above. This may take several days or weeks. If the D.A. decides to charge the offender, a warrant for the arrest of the offender will be issued.

Misdemeanor Level.  If the offender was arrested for a misdemeanor crime, the person will be booked into the Santa Clara County jail. Even though the offender has been booked into jail, there is no guarantee how long he or she will be held in custody. The arrestee may be released at any time. Because of this, it is important that if the victim has concern for their safety if the offender were to be released, an Emergency Protective Restraining Order (EPRO) should be obtained at the initial scene.  Officers shall advise the victim of the availability and purpose of an EPRO at the scene.

For information about an offender’s status or to receive notification of his or her release from jail, the victim can call or click the following link:

    Santa Clara County Victim Notification System: (877) 411-5588

 

Getting Help Top of page

There are several agencies in the community which can provide you with assistance, including temporary shelter, legal assistance, counseling and referral services, advocacy programs, interpreter services, and children services.

The Family Violence Center - 1671 The Alameda, Ste 100, San Jose, CA 95126
Phone # 408-277-3700. SJPD Family Violence Center Link

The goal of the Family Violence Center is to address family violence issues by serving as the core for a multi-agency effort. The Family Violence Unit is staffed by representatives of the Police Department, District Attorney’s Office, Adult Probation, Department of Family and Children’s Services, State of California Division of Parole and victim advocates from the YWCA of Silicon Valley.  This cooperative effort provides all the support services available to victims of family violence in a safe and friendly environment.

IMPORTANT PHONE NUMBERS & WEBSITES Top of page
Domestic Violence Resources – County of Santa Clara

24 hour crisis lines Domestic Violence Agencies in Santa Clara County

YWCA of Silicon Valley

(800) 572-2782

ywca-sv.org/

Asian Women’s Home

(408) 975-2739

aaci.org/

Community Solutions – South County & San Benito County

(408) 683-4118

www.communitysolutions.org/

Next Door, Solutions to Domestic Violence

(408) 279-2962

www.nextdoor.org/

 

 

 

Other Domestic Violence Hotlines

MAITRI – South Asian Languages

(888) 862-4874

maitri.org/
open M-F, 9 am to 1 pm

National Domestic Violence Hotline

(800) 799-SAFE

www.thehotline.org/

 

 

 

Help with restraining order forms, restraining order court hearings, and other family law issues

Asian Americans for Community Involvement (AACI)

(408) 975-2730

aaci.org/

Asian Law Alliance

(408) 287-9710

asianlawalliance.org/

Bay Area Legal Aid

(800) 551-5554
(408) 283-3700
(877) 363-7238

baylegal.org/

Community Solutions – South County

(408) 683-4118

www.communitysolutions.org/

Law Foundation of Silicon Valley (legal advocates for children and youth)

(408) 293-4790

www.lawfoundation.org/contact.html

Next Door, Solutions to Domestic Violence

(408) 501-7542

www.nextdoor.org/
Walk-In Hours 9am -3pm Mon. - Fri.

Pro Bono Project

(408) 998-5298

www.probonoproject.org/services-provided/

SALA (Senior Adults Legal Assistance)

(408) 295-5991

http://s393914827.initial-website.com/

YWCA of Silicon Valley

(800) 572-2782

Advocates available at the Family Justice Center 201 N. First St.
8:30AM – 3:00PM (Closed 12:30-1:30PM)

 

 

 

Help with domestic violence/immigration issues

 

 

Asian Law Alliance

(408) 287-9710

asianlawalliance.org/

Bay Area Legal

(408) 283-3700

baylegal.org/

Catholic Charities of Santa Clara

(408) 944-0691
(408) 468-0100

www.catholiccharitiesscc.org/immigration-legal-services

Katherine & George Alexander Community Law Center

(408) 288-7030

law.scu.edu/kgaclc/advice-clinics/
Advice Clinics are appointment based.

 

 

 

Victim Notification System

 

 

These systems tell you an inmate’s custody status and give electronic
notice of an intimate’s release from jail or prison.

Jail

(877) 464-3568

Santa Clara County Vine Service

Office of Victim & Survivor Rights & Services

(916) 358-2436

www.cdcr.ca.gov/Victim_Services/
Hours of Service: 8AM – 12PM 1PM – 5PM

 

 

 

Victim Services Unit
Office of the District Attorney

(408) 295-2656

www.sccgov.org/sites/da/VictimServices/VSU/Pages/default.aspx

This center provides services to crime victims and witnesses including crisis counseling, follow-up care, help in court, and applications for money for counseling and other immediate needs.

 

 

 

California Victim Compensation Program

(800) 735-2929

 

This is a California program for victims of crime.

 

 

 

Sheriff’s Department Civil Division

(408) 808-4800

 

To find out if your restraining order was served on the restrained person

 

 

 

District Attorney - Criminal Division

 

 

Main Office (San Jose)

(408) 299-7500

 

Victim Advocate – Domestic Violence Unit

(408) 792-2546

 

 

 

 

Adult Probation

(408) 435-2000

 

 

Santa Clara County Jail- Main Booking

(408) 299-2306

 

 

 

 

Santa Clara County Superior Court Resources

 

 

Resource Specialist (link to all community resources)

(408) 534-5707

 

To check on the status of your Temporary Orders (“ex parte” request)

www.sccsuperiorcourt.org/family/exparte/exparte.pdf

 

 

 

Domestic Violence Internet Resources

 

 

   

Santa Clara County Self Service

www.scselfservice.org

California Self-Help Center

www.courts.ca.gov/selfhelp-domesticviolence.htm

 

Domestic Violence Related Crimes Top of page

236/237 PC False imprisonment
236.1 PC Human Trafficking
240 PC Assault - misdemeanor
243 (e)(1) Domestic Battery – (same relationships as above) misdemeanor
245 PC Assault with a deadly weapon/assault with intent to commit great bodily injury 
273.5 PC Corporal Injury (battery) by spouse/former spouse/cohabitant/parent of a child/ fiancée/fiancé/person with whom you have, or have previously had a dating relationship
273.6 PC Violation of a protective order
417 PC Brandishing a weapon
591 PC Malicious destruction of a telephone line.
594 PC Vandalism

 

Definitions Top of page

Abuse means intentionally or recklessly causing or attempting to cause bodily injury, or placing another person in reasonable apprehension of imminent serious bodily injury to himself or another (13700(a) PC.

Cohabitant means two unrelated adult persons living together for a substantial period of time, resulting in some permanency of relationship (includes same sex relationships). Factors that may determine whether persons are cohabiting include, but are not limited to: (1) sexual relations between the parties while sharing the same living quarters, (2) sharing of income or expenses, (3) joint use or ownership of property, (4) whether the parties hold themselves out as husband and wife, (5) the continuity of the relationship, and (6) the length of the relationship (13700(b) PC.

Domestic Violence is abuse committed against an adult or any minor who is a spouse, former spouse, cohabitant, former cohabitant, a person with whom the suspect has had a child or is having or has had a dating or engagement relationship (13700(b) PC. Same sex relationships are included.

Emergency Protective Order (EPRO) is a type of restraining order issued by a Judge or Commissioner at any time, whether or not Court is in session. It is intended to function as a temporary restraining order if a person is in immediate and present danger of domestic violence, elder or dependent adult abuse, child abuse, or where a child is in immediate and present danger of being abducted by a parent or relative or where stalking exists. It can also function as an order (when no custody order is in existence) determining temporary care and control of minor children of the above-described endangered person. (Family Code Section 6250) The issuance of an EPRO is not precluded by an arrest.


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