• No Down Payment

    Let us check if you qualify
  • Call 408-883-3907

    24/7 Bail Bond in San Jose

Decoding the Difference Between a Domestic Violence Restraining Order and a Civil Harassment Restraining Order

decoding-the-difference-between-a-domestic-violence-restraining-order-and-a-civil-harassment-restraining-order

Feeling threatened and worrying about your physical/mental safety is an incredibly frightening and stressful situation. The one bright spot is that California’s lawmakers fully understand just how much danger you are in. Laws and protective orders are in place, each one is designed to keep you safe.

When you go to the police because you’re afraid of someone it’s important to understand that there is a difference between civil harassment and domestic violence.

Contrary to popular belief, in the eyes of the law, domestic violence is not a subcategory crime that’s connected to civil harassment.

The Difference Between Domestic Violence and Civil Harassment

The biggest difference between a domestic violence case and a civil harassment case is your relationship with the person you’re filing the restraining order against. If the person you’re afraid of is someone you have a relationship with, the case is a domestic violence case. The law considers a relationship close if the restraining order is filed against a parent, sibling, child, grandparent, lover, spouse. The idea of the domestic violence restraining order is that the close relationship you’ve shared with the person increases the amount of danger you’re in.

If you don’t have a personal relationship with the person you’re naming in the restraining order, you’re dealing with a civil harassment situation. In many cases, the other party mentioned in the restraining order is a co-worker, neighbor, friend of a friend, social media follower, or a member of a political/social party who has taken a personal and nasty dislike to your lifestyle/actions/viewpoints.

Getting a Restraining Order

It is far easier to request and obtain a domestic violence restraining order than it is a civil harassment restraining order. Police, prosecutors, and judges understand just how quickly domestic situations can turn deadly and are quick to issue a restraining order against one of your loved ones.

When you petition the court for a domestic violence restraining order, you need evidence of abuse (medical records, witness statements, written threats, police reports.)

Getting a civil harassment restraining order is much more complicated. The biggest challenge is establishing that the harassment has reached a point where you feel threatened. The court won’t accept that the person you want to be named in the restraining order is simply verbally harassing you. You’re going to have to submit some sort of proof that they are having a detrimental impact on your life. Getting this proof isn’t always easy. In the case of a civil harassment restraining order, you’ll likely need video, phone, witness, or written evidence. Strong witness statements, particularly by people who aren’t closely connected to you, will also help you obtain the civil harassment lawsuit.

The most important thing to remember when appealing for either domestic violence or civil harassment restraining order is that you must have proof that you are worried about your safety. The more evidence you have, the quicker the court will grant your request.

Staying Safe During California’s Wildfire Season

staying-safe-during-californias-wildfire-season

Each year, California has wildfires that attract national and sometimes even international media attention. The various media channels like to talk about what might have caused the wildfire, how big it’s gotten, and how teams are desperately working to fight it, as someone who lives in California, you’re first priority is doing everything possible to keep yourself and your loved ones safe during this year’s wildfire season.

Prepare Early

Don’t wait until you can hear the roar of the wildfire bearing down on you to start preparing. Wildfires spread quickly and they can also start quickly. Don’t wait until you’re in a high-risk area to start preparing for a wildfire. As soon as you move to California, you need to create start preparing for the possibility of a fire.

Early California fire preparations include:

• Turning your property into a defensible space
• Having an evacuation plan in place
• Keeping your vehicle prepped in case you have to evacuate
• Having a bag packed with life essentials in case you need to evacuate
• Making sure your personal property is covered by property insurance

Creating a Defensible Space

You want to surround your property with defensible space. This space serves as a buffer between an approaching fire and your home. The space shouldn’t have any items or vegetation that’s likely to burn.

The defensible space should extend at 30 feet past your house.

Packing Evacuation Supplies

You don’t have enough room in your car for all of your personal belongings. Limit what you need to one bag per person. Most of the time you can keep his bag in your closet, but if it looks like there is a chance that you’ll have to evacuate, stow the emergency fire bag in your car. Fire moves quickly so each second you save is important.

Items you should have in your emergency fire evacuation bag include:

• A change of clothing
• Cash/credit cards
• An extra charger for your cell phone
• The contact information for your insurance company
• A first aid kit
• Any medication you take
• Water
• Food
• A flashlight

Keep Tabs on your Neighbors

Fire doesn’t care who it hurts. It’s up to you to keep in touch with your neighbors and make sure that they’re able to protect themselves from a wildfire. Whenever possible, offer to help them evacuate. Taking a few seconds to contact your neighbor’s emergency contact, or helping load up their car helps save lives.

Prepare your Pets

You can’t afford to forget about your pets during an emergency fire evacuation. They can’t fend for themselves. You should also be prepared for even the most docile pet to become stressed as you evacuate. They might not understand exactly what is going on, but they do know that a fire is approaching and that you’re stressed.

Lock your pets in a different part of the house while you prepare to evacuate. This prevents them from bolting out the door and getting lost while you’re packing up your vehicle. When you’re ready to load your pets in the car keep them leashed or in a carrier. Don’t assume they will just follow you. Each time you stop the car for gas, make sure your pets are restrained before you get out of your car.

It’s a good idea to get your pet microchipped and to write its name and your phone number on their collar before you evacuate. Before you drive away from your home, take a couple of seconds to double-check that all people and pets are loaded in your car. Even though it’s hard to stay calm when you’re evacuating, you really need to. The calmer you can keep yourself in this situation, the smoother the evacuation will go.

Laws Every California Pet Owner Should Know

laws-every-california-pet-owner-should-know

Owning a pet is a wonderful experience. In exchange for providing for their physical needs, your pet gives you unconditional love and great joy. Pet owners are usually healthier and happier than California residents who don’t own pets.

While there are lots of perks associated with owning a pet, there are also several California pet laws all pet owners need to know.

Your Dog Must Be Properly Licensed

If you own a dog, it has to be licensed. Failing to stay on top of your dog’s license could result in your county charging you a fine. The only dogs who are exempt from the state’s licensing laws are puppies who haven’t turned four months old.

All Dogs Have to be Up to Date With Their Rabies Vaccination

If you own a dog, you’re responsible for making sure it has had a rabies vaccination. In some areas, they have to get a rabies vaccination every year. In other areas, you can go for three years between the vaccine. The vaccine has to be given by a certified vet. Without proof of the rabies vaccination, you can’t purchase a dog license.

You Can’t Abandon Your Pet

Once you accept responsibility for your pet, you are expected to keep the pet for the rest of its life. If you can’t you need to rehome it. You’re not allowed to simply abandon it. If you’re caught abandoning an animal, you will face animal cruelty charges.

You’re Responsible for your Pet

You’re expected to be in control of your pet at all times. If your dog ruins someone’s personal property or bites someone, it’s your fault. Civil charges can be brought against you.

California’s Spay/Neuter Laws are Changing

California lawmakers have become increasingly aware of the pet overpopulation problem in their state. They hope that tougher spay/neuter laws will reduce the number of strays animal control deals with each year. All shelters are required to provide proof that the animals they’re putting up for adoption have been spayed or neutered.

California’s pet laws are constantly changing. If you own any type of pet, it’s in your best interest to routinely review both local and state pet ownership laws.

Speeding Is A Big Deal

Speeding Is A Big Deal

Speeding Is A Big Deal

There are so many different laws here in California that it is practically impossible for a single person to remember every law within the state. However, there are some laws that everyone knows about and yet choose to ignore. There are a few select laws out there that people break all of the time, some even daily, because they don’t view it as a big deal.

A perfect example of this are speed limits. There are many drivers out there, especially here in California that view speed limits as suggestions. Some people view the limits as the slowest possible speed they will go. For the others, anyone going the speed limit is driving too slow. Still, speeding is illegal and incredibly dangerous, and should be avoided.

California Speeding Law

Here in California, speeding is made illegal under Vehicle Code (VC) 22350. This law makes it illegal for a person to drive faster than is considered safe for the circumstances. The exact wording is:

“No person shall drive a vehicle on the highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of person or property.”

In basic terms, this means that a person cannot drive at speeds on a road that a normal person would view as fast or dangerous. This is especially true on smaller or more crowded roads. This also includes when the weather makes the road dangerous through rain, snow, wind, and fog.

A driver is expected to exercise the proper caution and restraint needed in different situations. Just because a road has a certain speed limit does not mean a driver has to do that speed limit all the time. Sometimes the weather may require slowing down.

Consequences of Speeding in California

There are three different consequences a person can face when they are caught speeding by law enforcement:

  • They can receive a fine and have their license suspended.
  • Receive points on their driver’s record.
  • Be held negligent for any accidents that occur due to the speeding.

When it comes to fines and license suspension, the exact amounts depend on how fast the person was going. If the speeds were under 100 miles per hour (MPH), then the person will face the following:

  • $35 for 1 to 15 MPH over the limit.
  • $70 for 16 to 25 MPH over the limit.
  • $100 for 26 MPH over the limit.

If the speeds where over 100 MPH, then the person will face the following for a first time offense:

  • A base fine of $500.
  • 30 day license suspension.

A second offense of driving over 100 MPH in 3 years comes with:

  • A base fine of $750.
  • 6 month license suspension.

A third offense of driving over 100 MPH in 5 years comes with:

  • A base fine of $1,000.
  • 1 year license suspension.

On top of the fines, a person will also receive a point on their driver’s license. Acquiring too many points within a time period can lead to a person having their license suspended. If a driver gets:

  • 4 points in 12 months,
  • 6 points in 24 months, or
  • 8 points in 36 months,

Then they will be designated a negligent driver and have their drivers’ license suspended.

Lastly, since driving at excessive speeds makes it more likely for a person to cause an accident, drivers who are caught speeding will be held responsible for any accidents that they caused. This means they will also have to face the consequences of any accidents that result from the speeding.

Don’t Speed While Driving

Many drivers fail to realize just how dangerous and problematic speeding can be. Speeding does increase the chances of a driver causing an accident. This is especially true in inclement weather, which is why the state law mentions that drivers need to adjust their speed to match their conditions. If a driver wants to avoid any trouble and avoid paying fines fines, then they need to follow the posted speed limits and adjust those speeds to match conditions. By doing so, a driver reduces the chances of causing an accident and getting a ticket.

What do you think of speeding and the state’s laws on it? Are the consequences for speeding fair or too extreme? Let us know in the comments down below.

California’s Privacy Laws

California’s Privacy Laws

California’s Privacy Laws

Everybody has a right to privacy, especially here in California. No one wants to deal with someone spying on them in private situations. That is why the state of California has a few different laws revolving around people’s right to privacy.

According to state law, there are certain areas where a person should be able to expect and receive privacy. Anyone who breaks that privacy can face legal consequences. California residents should be aware of these laws so that they don’t end up accidentally breaking them.

Laws about Recording People in California

California Penal Code (PC) 647 is the state’s disorderly conduct law. It covers all sorts of things from prostitution, aggressive begging, and invasion of privacy. Specifically, sections i and j of this law relate to privacy.

PC 647i refers to the act of peeping. Under this law, it is a crime for a person to linger, loiter, or prowl on someone’s private property and peek into the doors and windows of any inhabited structure. An example of this would be trespassing onto someone else’s property and then peeking into their home’s window to see if their home, or peeking into a bedroom to watch someone changing clothes.

PC 647j makes it a crime for any person to look into an area where a person would normally expect privacy. It doesn’t matter if a person uses their eyes, binoculars, a cellphone, or any other sort of device to look into the area. Areas where privacy is naturally expected include:

  • Bedrooms.
  • Bathrooms.
  • Changing rooms.
  • Tanning booths.
  • Any other room where one would reasonably expect privacy.

Is Begging Legal in California?

Is Begging Legal in California?

Is Begging Legal in California?

As the holiday season rolls around, people have a tendency to become nicer and more compassionate. The holidays have a way of bringing people together and making them more willing to help each other out.

As the weather gets colder and people become more willing to give, more people begin asking for money. Sometimes, the money goes to certain charitable organizations, just think of all the Santa’s that appear outside stores. Other times, it is just a homeless person looking for a few bucks.

Asking for money from strangers is not a new practice. It has likely been around since the concept of money was invented. Still, if a person isn’t careful, begging for money can actually get them into trouble with the law. The state of California actually has a law that regulates how people can beg for money.

Don’t Beg Aggressively

Here in the state of California, Penal Code (PC) 647 prohibits a person from using aggressive tactics of solicitation. Primarily, this law makes it illegal for someone to accost another individual in a public place while asking for a handout.

As far as this law is concerned, simply walking up to a person and asking for money is not illegal. What is illegal is using intimidation, threats, or even harassing a person. If someone begging for money ever does that, then they have broken this law.

Some cities have local ordinances that further restrict panhandling, but those vary from city to city. These kinds of laws will often limit where or when people can beg for money. Often times the act cannot be banned altogether. This is due to a very important law here in the United States.

Panhandling outright cannot be banned because many people view it as a First Amendment right. In a way, asking someone for money is a form of freedom of speech. Anyone is allowed to ask someone else for money at any time. However, people are not allowed to get aggressive towards other individuals, which is why PC 647 exists.

Penalties for PC 647

Breaking PC 647 earns a person misdemeanor charges, which means middle ground of consequences. Even then, this law falls on the lighter side of misdemeanor consequences. A person who breaks this law will face:

  • Up to 1 year in jail.
  • A max fine of $1,000.

Trespassing at a Zoo

San Jose Bail Bonds Trespassing laws

When going anywhere, it is important for a person to be sure that they have permission to be in that area. Privately owned property is everywhere, including public areas. Many people do not realize that places like stores and parks, even though open to the public, are actually private property. The land owner has simply given permission to the public to be in specific areas. This means that there are some areas that can be off limits to the general public.

There are obvious no-go areas such as employee lounges, or janitorial closest. One area that is definitely off-limits to everyone would be animal enclosures at zoos. This should be pretty obvious, but apparently not to everyone. One woman, while on a trip to the Bronx Zoo in New York, decided to climb into the lion enclosure to get the lion’s attention. Now police are looking for her.

Entering the Lion’s Den

At the start of October, video footage surfaced on social media platforms showing a woman who had climbed over the railing of a lion enclosure and was dancing and waving at a lion to get his attention. Needless to say, she got his attention.

Luckily for the woman, despite being inside the enclosure, there was a 15-foot moat separating him from her. Due to this fact, the woman remained unharmed.

The Bronx Zoo was alerted to the incident after it happened. The Zoo officials reminded everyone that it is never a good idea to enter an animal enclosure. Even though the animals are being held in captivity, they are still wild. The barriers are there to keep people and the animals safe.

Zoo officials contacted the police and informed them of the incident. Police are now looking for the woman to charge her with trespassing. This is due to the fact that even though the woman legally entered the zoo, she did not have permission to enter that enclosure.

California Trespassing Law

Here in the state of California, trespassing is defined and made illegal with Penal Code (PC) 602. As far as state law is concerned, someone is guilty of trespassing when they enter or remain on someone’s property without permission, or the right, to do so. Under this definition, the woman in the video would be guilty of trespassing if the incident had happened here in California.

PC 602 is unique in that it can be charged as an infraction, misdemeanor, or as a felony. When it’s an infraction, trespassing carries the following consequences:

  • A $75 fine for first time offenses
  • A $250 fine for a second time offense on the same land.
  • A third offense on the same land results in misdemeanor charges.

California’s Real ID’s

Los Gatos bail bonds

If you’ve been paying attention to the news lately, you’ve probably seen a story or two talking about Real ID’s. There has been quite a commotion as Californians all begin prepping for the switch from their old California ID’s to these new ones, but why? What is so special and important about these new ID cards?

What Are Real ID’s?

The need for Real ID’s arose from the Real ID Act passed by Congress in 2005, which was recommended by the 9/11 Commission. The idea was to set a federally accepted standard for how identification cards were issued by state governments. Under this act, certain requirements have to be met while applying for an ID card. If these requirements aren’t met with that ID, then it will not be given the same access as a Real ID.

Starting on October 1st, 2020 everyone, over the age of 18, will need to present a Real ID compliant license or ID in order to access federal facilities and to board domestic flights. This is why these ID’s are such a big deal for a lot of people. Without a Real ID, people will not be able to fly in the US.

Minors are exempt from the need to use a Real ID since the Transportation Security Administration (TSA) does not require people under the age of 18 to provide identification.

Applying for a Real ID

Not everyone will need a Real ID. To find out if a person will need a Real ID, they can take a quiz on the Department of Motor Vehicles (DMV)’s website here.
Since a Real ID is a new form of identification, a person looking to get one will need to bring a lot of documentation with them. Some of the important documents that a person will need to bring with them to the DMV for a Real ID include:

  • An identification document that lists a person’s date of birth and full name. Some examples of this include US Passports and birth certificates.
  • A name change documentation if the name has been changed, such as a woman’s name being changed after getting married.
  • One document showing a person’s social security number. This can be a person’s social security card or their W-2 form.
  • Two different documents proving the person’s residency in the state of California. These must include the person’s full mailing address and first and last name.

If a person already had a Real ID, but only showed one proof of residency to get the ID, they will need to provide a second proof of residency in order for the ID to remain effective.

If You Want to Travel, You’ll Need a Real ID

Any Californian planning to visit secure federal locations, or wanting to fly across the US after October 1st, 2020 will need to have a federally approved Real ID. The whole point of this new type of ID is to make sure that every state is on the same page and getting the same information when issuing an ID to a person. The hope is that these new ID’s will help prevent people from forging them.

While getting this new form of identification may be a bit of a hassle and time consuming, once a person has it, they do not have to worry. Renewing a Real ID will be as simple as renewing their old driver’s license.

What are your thoughts on Real ID’s and how the state of California has been handling them? Let us know in the comments down below.