California Domestic Violence Lawyer

What is Considered Domestic Violence in California?

Under California law, domestic violence covers a broader range of conduct than many people realize, and understanding the full definition is important for anyone involved in a family law case touching on these issues.

Physical abuse includes any use of force that causes or attempts to cause physical harm, including behavior that results in great bodily injury. Criminal threats and intimidation can also constitute domestic violence, even without physical contact. Emotional and psychological abuse involves conduct intended to control or degrade a partner through fear, humiliation, or manipulation, often causing significant emotional distress.

Financial abuse occurs when one party controls or restricts the other’s access to money or resources as a means of control, while coercive control describes a broader pattern of controlling behavior that may not involve a single identifiable incident but nonetheless traps a partner in a harmful dynamic. Sexual abuse within an intimate partner relationship is also recognized as a form of domestic violence under California law.

California Domestic Violence Laws Every Family Should Understand

Understanding the relationship between family law and criminal proceedings is important, since a single incident of domestic abuse can result in both a criminal case, potentially involving domestic violence charges filed by a law enforcement agency, and a separate family court matter addressing restraining orders or custody.

The definitions and penalties for a criminal domestic violence conviction can be found under California Penal Code 273.5. Meanwhile, California’s Domestic Violence Prevention Act (DVPA) provides the framework for protective orders available through family court, giving victims a civil law avenue for protection that operates separately from (but often alongside) any criminal proceedings.

California’s domestic violence laws pertaining to family law matters are as follows:

• California Family Code Section 6203 defines what constitutes abuse for purposes of domestic violence cases, including sexual assault, threats, harassment, stalking, emotional abuse, destroying personal property, disturbing another person’s peace, coercive control, or other conduct that causes harm or places someone in reasonable fear for their safety. This broad definition allows courts to address several forms of domestic abuse in family law proceedings.
• California Family Code Section 6211 identifies the relationships that qualify for protection. The statute applies to spouses, former spouses, individuals who are dating or previously dated, people who live together or previously lived together, individuals who share a child, close relatives, and certain other family or household members.
• California Family Code Section 3044 creates a rebuttable presumption in child custody cases involving domestic violence. If a court determines that a parent committed domestic violence against the other parent, the child, or certain other protected individuals within the previous five years, the law presumes that awarding sole or joint custody to that parent is not in the child’s best interests. The accused parent may present evidence to overcome this presumption, but the court must carefully evaluate the statutory factors before making a custody determination.

Types of Restraining Orders and Protective Orders in California

There’s a lot of confusion about restraining orders and protective orders, and some of the confusion stems from the fact that there are several different types of orders:

• An Emergency Protective Order is usually requested by police and issued quickly by a judge in response to an emergency situation. These orders only remain in effect for 5-7 days, so it will be necessary to get a different type of order to provide longer protection.
• A Criminal Protective Order is usually requested by the prosecutor in a criminal domestic violence case to protect the victim. This order is issued by the criminal court.
• A Civil Restraining Order is issued at the request of someone who wants to prohibit harassment or other harmful conduct, and it is not necessary to have an ongoing criminal proceeding to obtain this type of order. This order is issued by a civil court.
• A Temporary Restraining Order is issued on a short-term emergency basis (like an emergency protective order), but it comes from a different court. An individual or their attorney may request this type of order, unlike criminal orders, which originate from law enforcement or prosecution.

Often, a civil restraining order can include more specific protections than a criminal protective order. At Holstrom, Block & Parke, our experienced California family law attorneys will work with you to get the right emergency protection as well as help seek an order for longer protection. Your partner may have the right to contest terms if they are too strict, so we need to develop appropriate restrictions that will meet with court approval.