Of all the problems that reach the legal assistance program at the Consulate General of Brazil in Los Angeles, one stands out: domestic violence. That's according to attorney Patrick Benedek, a volunteer with the program, in the episode of the "911: Emergency in Los Angeles" segment where he shares the table with police officer Edwin Wu. "What is considered domestic violence here and in Brazil is very different."

Who seeks help

Patrick has no official statistics, but he estimates that the vast majority of the cases he handles involve an American husband and a Brazilian wife — there are also cases between Brazilian couples and same-sex couples. The person who calls is almost always the one who sees themselves as the victim, but he notes that sometimes the other side reaches out too, to tell their version. "It's not a question of who is right. It's putting out the fire and seeing what the options are": moving out, filing for divorce, requesting a restraining order. The law protects men, children and elderly members of the household equally.

What California law considers domestic violence

The legal definition is broader than many people imagine. Between people who are married, dating or used to date, live together or share a child, abuse covers not only hitting or injuring, but also threatening, stalking, harassing, destroying property, and so-called coercive control — isolating the person from family and friends, controlling their money, monitoring them. Edwin gives an example that surprises many: taking someone's phone to keep them from calling for help is also a crime in California.

One episode of Palavrão Tático, Jason Lanzarini recalls, covers behaviors that many in Brazil consider "normal" — grabbing someone by the arm, forcing a kiss at a nightclub — and that here can lead to an arrest on the spot.

The restraining order

A restraining order is a judge's order that prohibits a person from approaching, calling, texting or going to certain places, creating a legal distance. In California:

• a domestic violence restraining order is requested at the county court, with specific forms, at no cost; the courts' self-help centers help fill them out;
• the judge can grant a temporary order within a few days and set a hearing to decide on a longer order, which can last for years;
• in a situation of immediate danger, the officer can ask an on-call judge, at any hour, for an emergency protective order, valid for a few days — time for the victim to go to court.

Edwin explains why the paper matters: in a couple's fight, the officer's first question is whether there is an order. And he describes a common situation: the person protected by the order invites the other one over, the conversation turns into a fight, and she calls the police showing the paper. The order is a judge's ruling: whoever is barred from approaching remains barred even when invited, and can be arrested for it. For anyone who wants to resume contact, the path is to ask the court to modify or end the order.

When the police arrive

For an officer, Edwin says, a domestic violence call is among the most dangerous: he doesn't know whether there are weapons in the house, people are agitated, and sometimes the victim turns on the officer once he starts arresting the partner. California law directs police to identify the dominant aggressor — not necessarily the stronger person, but the one who poses the most serious threat — to avoid both being arrested by reflex. Visible injuries, such as a bleeding cut, weigh in the decision.

Immigrant victims: the rights are the same

Fear of deportation keeps many undocumented victims silent. Three points they need to know:

• the right to ask the police for help and to request a restraining order does not depend on immigration status;
• victims of domestic violence and other serious crimes who cooperate with the investigation may apply for a U visa; and anyone married to a U.S. citizen or permanent resident who suffers abuse can apply for a green card on their own, without depending on the abuser, under the federal victim protection law (VAWA);
• threatening to report someone to immigration to keep them in an abusive relationship is, in itself, a form of control recognized by the courts.

These paths require a trustworthy immigration attorney — and this is exactly the kind of case the consulate's program helps refer.

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Where to get help now

• Immediate danger: 911.
• National Domestic Violence Hotline: 1-800-799-7233, 24 hours, with interpreters; also by text, a more discreet option if you can't talk.
• Los Angeles County: domestic violence hotline 1-800-978-3600.
• Court: self-help centers for restraining orders.

Sources and verification

• California Family Code, sections 6200 et seq. (Domestic Violence Prevention Act), including the definition of "disturbing the peace" with coercive control; section 6250 — emergency protective orders.
• California Penal Code, section 591.5 — damaging or taking someone's phone to prevent a call for help; section 13701 — identifying the dominant aggressor.
• California Courts — Self-Help Guide: domestic violence restraining orders.
• U.S. Citizenship and Immigration Services — U visa and VAWA self-petition.
• National Domestic Violence Hotline; Los Angeles County Domestic Violence Hotline.

Who's speaking: Brasileiros em Los Angeles is the podcast of the Brazilian Community in the Los Angeles area, hosted by Jason Lanzarini, who since 2014 has run the Community's Facebook groups in California. In this episode of the "911: Emergency in Los Angeles" segment, he welcomes Patrick Benedek, a California attorney practicing business law, estate planning and litigation, a volunteer with the legal assistance program of the Consulate General of Brazil in Los Angeles and vice president of the Brazil-California Chamber of Commerce; and Edwin Wu, a Los Angeles police officer since the 1990s with a long tenure at LAX airport, host of the Palavrão Tático podcast.

Note: the rules described apply to California. The law differs in other states. This text is general information, not legal advice: for a specific case, consult an attorney licensed in California.

Watch this part of the episode:

Domestic Violence: The issue that most often leads Brazilians to seek help — starting at 7:22 · ☆ Brasileiros em Los Angeles