Mel Gibson Reportedly Accused of Threatening and Abusing Ex-Girlfriend in Los Angeles
Controversial actor and director, Mel Gibson is at the center of a new scandal involving his ex-girlfriend and mother of his child, Oksana Grigorieva. According to reports, Grigorieva obtained a domestic violence restraining order against the Malibu based mega-star in late June.
The restraining order was was issued by a Los Angeles County Superior Court judge at an emergency hearing after being to told by Grigorieva's attorneys that Gibson had been "extremely violent" towards her.
The restraining order originally mandated that Gibson have no contact with his ex-girlfriend who now resides in Sherman Oaks. The order has since been modified to allow Gibson to visit his daughter.
According to the website TMZ in the article, Oksana Alleges Violence Against Mel Gibson, an associate of Gibson has stated that the allegations of abuse, which reportedly occurred in January were not true.
Not surprisingly, it has been reported that Mr. Gibson has since obtained a restraining order against Ms. Grigorieva.
Though there is no indication that Gibson is facing criminal charges at this time, often times, when one is being charged with the crime of Domestic Violence for violating California Penal Code Section 243(e)(1), a restraining order will have been obtained by the alleged victim prior to criminal proceedings at a civil hearing before a family court judge. The order must be served on the accused abuser and can be challenged within a proscribed statutory period.
After criminal charges are filed in a Domestic Violence case in California, a judge will issue a new restraining order for the accused to stay away from and not annoy, threaten or harass the alleged victim at the first appearance in criminal court known as the arraignment. The alleged victim does have the option of asking the judge not to issue a restraining. In such a case, the alleged victim must make this request in person.
Generally, when one is convicted of committing Domestic Violence, which is "any willful infliction of force or violence upon your intimate partner," the court in Los Angeles or any other jurisdiction in California can impose prison or jail time and will often order the defendant to take part in a one year domestic violence prevention course.
