Understanding Family Members’ Rights in a Sexual Assault Case

Family members have the right to protect themselves and their children from sexual assault by another family member. Our experienced sexual assault lawyers understand the legal and practical challenges in protecting you and your loved ones when another family member violates you or someone in your family.

Domestic violence protective orders

In California, family members can seek domestic violence protective orders and file personal injury claims when another family member commits sexual assault. The California Domestic Violence Prevention Act (DVPA), which became law in 1994, defines abuse as any of the following:

• Intentionally or recklessly causing or attempting to cause bodily injury.
• Sexual assault.
• Placing a person in reasonable apprehension of imminent serious bodily injury to that person or to another.
• Engaging in any behavior that has been or could be illegal, such as molesting, attacking, striking, stalking, threatening, battering, harassing, destroying personal property, contacting the other by mail, telephone, or otherwise disturbing the peace of the other party.

You can seek a Domestic Violence Restraining Order (DVRO) if you have or did have a close personal relationship with the person you are seeking to restrain if:

• You are married or were married to the abuser
• You previously had a dating relationship or engagement with the abuser
• You and the abuser have a child/children together
• You are related to the person you are seeking to restrain by marriage, blood adoption (including parents, in-laws, siblings, and adult children)
• You are living or did live together with the abuser as members of a “household.”

The restraining order can order that the abuser:

• Stay away from your home and/or work
• Stay away from your child’s school
• Order the abuser to vacate the home
• Comply with a judicial child custody and visitation order
• Pay child support
• Comply with other conditions

Victims of sexual assault can seek, emergency orders (immediate protection up to about seven days), temporary orders, and permanent protective orders. After a formal hearing, where the defendant can present their defense, a judge can order protection for up to five years.

Civil complaints of sexual assault by a family member

Any member of a family who is suffering or suffered sexual assault can also file a personal injury complaint against the abuser for their medical bills, pain and suffering, loss of income, and other financial and personal damages. The family member can also seek punitive damages for malicious and wanton conduct.

Legal considerations when a family member commits sexual assault

Generally, when a family member seeks a DVRO that family member can testify in court. It helps to have as much objective evidence as you can produce to support your claim. Otherwise, your claim against another family member becomes a question of your credibility versus the credibility of the other family member. Objective evidence includes:

• Medical reports from any emergency care departments, sexual assault protection, or other medical facilities that provide help for sexual assault – to confirm the report of sexual assault, a diagnosis of any injuries or illnesses, a prognosis, what medical care you will need, and how the sexual assault is affecting every part of your life.
• Evidence that you are pregnant as a result of the sexual assault.
• Medical reports or statements from psychologists or other mental health professionals.
• Forensic evidence such as DNA evidence on your clothing and photographs or reports of any signs of physical assault.
• Confirmation of any sexually transmitted infection (STI) tests.
• Any electronic communications including texts, emails, and social media posts.
• Testimony from other family members, coworkers, and friends.
• Any police reports or testimony from the police who responded to complaints of sexual assault.

Practical considerations when a family member commits sexual assault

Ideally, all members of your family are interested in prioritizing your safety. Our Los Angeles sexual assault lawyers will review your safety and your children’s safety – and how a DVRO lawsuit is likely to affect your relationship with your family members.

The Superior Court of San Diego states that family members can also seek protection through a Safe at Home program which will provide you with a substitute mailing address on your court papers, driver’s license, voter registration paper, and other documents. Other counties have similar programs.

Parents need to be especially protective if their child/children suffer sexual assault by another family member. Your child will likely need psychological help for a long time to come to terms with the trauma of sexual assault by a family member – of the child or of another member of the family.

Sexual assault survivors need immediate help to protect themselves and the people they love. At Taylor & Ring, we’ve helped many sexual assault victims like you obtain protection, justice, and compensation. For help now, please call us or use our contact form to schedule a free consultation. We’re prepared to guide you through this deeply upsetting time in your life.