ARREST OF THE OFFENDER
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
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.
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.
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.
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:
An order restraining
the attacker from abusing you and other family members.
order directing the attacker to leave the household.
order preventing the attacker from entering your residence,
school, business, or place of employment.
order awarding you or the other parent custody of or visitation
with a minor child
order restraining the attacker from molesting, or interfering with
minor children in your
order directing the party not granted custody to pay support of
minor children, if that party has a legal
to do so.
order directing the defendant to make specified debit payments
coming due while the order is in effect.
order directing that either or both parties participate in counseling.
order directing the attacker to batterer’s counseling.
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.
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,
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
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.
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.