Domestic violence or assault by a person who is known to you, including domestic violence or assault by your spouse,
IS A CRIME!

Sexual Assault by a person who is known to you,
including sexual assault by a person who is your spouse,
IS A CRIME!

What You Can Do Following a Sexual Assault:

1. Tell someone! Help is available. No one can help you if you keep the assault a secret.
2. Call 911 to summon emergency medical help and the police.
3. Provide the dispatcher with the nature of your injuries and a description of your attacker.
4. To the extent reasonable, avoid altering, cleansing or disturbing the crime area. This is for the purpose of securing evidence to help identify and bring the assailant to justice.
5. Rape victim counseling is available for YOU. You may notify the rape victim counseling center yourself or request the officer or police dispatcher do so on your behalf.

The 24-hour rape victim counseling service phone number for Contra Costa County and Marin County is 1 (800) 670-7273 or 1 (800) 670-RAPE..

If you are the victim of a sex offense, your name will become a matter of publicrecord unless you request that it not become a matter of public record, pursuant to Government Code Section 6254. Please notify the officer if you do not want your name to become a matter of public record.

Officer Arrest
The Brentwood Police Department is committed to reducing the occurrence of domestic violence in our community. Officers will respond to domestic dispute calls. Domestic violence is considered criminal conduct which will be investigated as would any other crime of violence and arrests made when appropriate.

Police arrest of a domestic violence offender must be made in compliance with statutory law. In some cases, the police are not empowered to make an arrest, even though a crime did in fact occur. In some cases, the officer may legally arrest someone for a domestic violence offense, even though you do not desire prosecution.

Citizen Arrest
Other criminal options may exist if an officer is unable to make an arrest. You have the right to make a citizen’s arrest. The officer will explain the procedure for making a citizen’s arrest and how to do so safely. You may ask the District Attorney to file a criminal complaint against the offender. The phone number for the District Attorney’s Office is (925) 646-4468.

Release of Person Arrested
Despite the official restraint or arrest of a person for domestic violence, be aware that this person MAY BE RELEASED AT ANY TIME. The person may return. Evaluate your safety and consider seeking alternative shelter with a friend, relative, or other safe haven. If requested, an officer will assist you in making transportation arrangements to an alternate shelter and will standby for a reasonable amount of time while you remove essential items of personal property from your residence. For further information about a shelter you may contact STAND! Against Domestic Violence (Contra Costa County 24 hour hotline) at (888) 215-5555.

LEGAL INFORMATION

Suing the Offender
You have the right to file a civil suit for losses suffered as a result of the abuse, including medical expenses, loss of earnings, and other expenses for injuries sustained and damage to property, and any other related expense incurred by you or any agency that shelters you. For more information contact the Contra Costa County Bar Association (Attorney Referral Panel) at (925) 825-5700.

Emergency Protective Order
When an officer has reasonable grounds to believe that you are in immediate and present danger of domestic violence, or a child is in immediate and present danger of abuse from a household member, you MAY be eligible for an Emergency Protective Order. This order may be obtained from the police department on an emergency basis only. Such an order restrains the other person from contacting you, and/or forces him/her to move out, and/or determines temporary custody of any minor children. AN EMERGENCY PROTECTIVE ORDER IS VALID FOR FIVE COURT DAYS AFTER THE DATE OF ISSUANCE, BUT NEVER LONGER THAN SEVEN CALENDAR DAYS FOLLOWING THE DAY OF ISSUANCE.

Restraining Order Information
If you have an Emergency Protective Order you MUST follow-up for more protection by getting a Temporary Restraining Order from the Superior Court. An Emergency Protective Order is not a prerequisite to a Temporary Restraining Order. You do not have to be married to or live with the person threatening or attacking you. You don’t have to divorce to obtain a Restraining Order.

You have the right to go to superior court and file a petition requesting any of the following orders for relief:

1. An order restraining the attacker from abusing you and other family members.
2. An order directing the attacker to leave the household.
3. An order preventing the attacker from entering your residence, school, business, or place of employment.
4. An order awarding you or the other parent custody of or visitation with a minor child or
   children.
5. An order restraining the attacker from molesting, or interfering with minor children in your
   custody.
6. An order directing the party not granted custody to pay support of minor children, if that party has a legal obligation to do so.
7. An order directing the defendant to make specified debit payments coming due while the order is in effect.
8. An order directing that either or both parties participate in counseling.
9. An order directing the attacker to batterer’s counseling.
10. An order for restitution.

You do not need an attorney to complete or submit the application for a temporary restraining order. STAND! Against Domestic Violence offers clinics to assist women in obtaining a restraining order. Restraining order forms and assistance is also available at The Family Law Facilitator’s Office, 751 Pine Street, Martinez, (925) 957-7888.

Violation of a Restraining Order
If the provisions of a Temporary Restraining Order has been violated, call the police. DIAL 911 IN AN EMERGENCY. If the defendant is not present, you may reach the police dispatch center at the non-emergency number, (925) 778-2441.

The best practice is to always have a copy of the restraining order and proof of service on the defendant with you; and have on file with the police department a copy of the restraining order and proof of service.

If the defendant is present and has not been served the order yet, ask the officer to serve and/or advise the defendant of the terms of the order. If the person is already aware of the restraining order, the police may arrest the person or you can make a citizen’s arrest. If the person violating the order is not present, ask the police to take a formal report. Charges may be filed later through the District Attorney’s office.

For information on how to follow through with the criminal case, contact the Brentwood Police at (925) 634-6911 and provide the case number indicated on the face of this form. You may also contact the District Attorney’s office at (925) 646-4468.

VICTIM/WITNESS ASSISTANCE
For information about the California victim’s compensation program, you may contact (800) 777-9229.

If you or a member of your family sustained injury as a direct result of a crime, you may be eligible to receive financial services through the State Board of Control. Losses that may be covered include medical, dental, mental health counseling, wage/income loss, financial support, funeral/burial expenses and job retraining. New domestic violence guidelines adopted by the State Board of Control provide that a child who witnesses an incident of domestic violence is now considered to be at risk of physical injury and qualifies as a direct victim of a crime. For more information, contact the Victim/Witness Assistance Program at Contra Costa County Probation, (800) 648-0600.