Is there a leave of absence for domestic violence/stalking victims in CA?

Asked over 1 year ago - Sacramento, CA

My friend left her significant other, the father of her two young kids, because of domestic violence. He has started showing signs of stalking her--after avoiding his calls, he showed up in the parking lot of her work place which is on state property. He tells her he's watching her home so she's always having to look over her shoulder. He's threatened more violence. She's afraid and wants to leave out of town to stay with family but she fears she might lose her job. She works for a state dept. Is there a leave she can take that protects her job? If so, what proof does she have to provide? She has a criminal restraining order filed by the DA, a court ordered restraining order from a judge, pictures of her face after the abuse, police reports etc. please advise

Attorney answers (3)

  1. Morgan Laine Place

    Pro

    Contributor Level 11

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    Answered . First, I am very sorry for your friend's circumstances. Leaving an abuser is incredibly difficult and very dangerous. She needs the support of everyone in her life- including her family and friends.

    Given the facts you've provided, your friend should be able to protect herself without having to leave her job. Her employer should have a copy of all restraining orders and she should call the police anytime he is in violation of those orders. She might also want to notify her employer of her concerns and fears and they may have some additional protections available to her- like having someone walk her to her car everyday or on-site security have notice of the potential presence of her abuser on the premises.

    Her employer, landlord, children's school, family,etc. should all have copies of her restraining orders. Any contact is likely a violation. If he's following her or showing up at her home, she needs to call the police. If he is showing up at her work, she needs to call the police. If he is making threats of violence, she needs to call the police. She should also continue to avoid contact with him. If he is stalking her, any attention of any kind will likely encourage his behavior.

    The bottom line is that she needs to take advantage of the protections she currently has. She may also want to consider changing and reinforcing her locks, and having a safety plan just in case his behaviors escalate. Good luck.

  2. Harry Edward Hudson Jr

    Contributor Level 20

    5

    Lawyers agree

    Answered . Understand your friend's concerns and thought of a temporary change of location. That never works. These guys always find their target. Better to stay where she is around people who know her.
    Advice? Do exactly what my colleague has suggested. Plus call the probation officer and report the violations. Also call victim witness.

    The above is not intended as legal advice. The response does not constitute the creation of an attorney client... more
  3. James Louis Miller

    Pro

    Contributor Level 16

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    Answered . I agree with my colleagues moving is not a solution. Report every violation, make sure everyone has a copy of the order. Look for domestic violence help at your local legal aid. Fresno has the Majoree Mason Center and Central California Legal Services. Look for agencies such as this in your county.

    Good luck.

    Note this answer does not constitute legal advice, and should not be relied on. Each situation is fact specific... more

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