Domestic Violence-Understanding the law
California Domestic Violence Prevention Act, Family Code Section 6200-Protection for Families and Victims of Abuse
Domestic Violence laws are clearly explained in California Family Code Section 6200 and the sections that follow. Domestic Violence is different than Civil Harassment, since it involves persons with a certain type of personal relationship. In order for Domestic Violence laws to apply in the Family law setting, there must be a relationship between the parties under Family Code 6211:
“Domestic violence” is abuse perpetrated against any of the following persons:
- A spouse or former spouse.
- A cohabitant or former cohabitant, as defined in Section 6209.
- A person with whom the respondent is having or has had a dating or engagement relationship.
- A person with whom the respondent has had a child,
- A child of a party or a child who is the subject of an action
- Any other person related by consanguinity or affinity within the second degree.
Domestic Violence occurs when there is abuse between person with the above-type of relationship, which are spelled out under California Domestic Violence laws.
Domestic Violence Abuse Under the Law in California
Family Code 6203 Defines "Abuse" under California Law as follows:
For purposes of this act, “abuse” means any of the following:
- To intentionally or recklessly cause or attempt to cause bodily injury.
- Sexual assault.
- To place a person in reasonable apprehension of imminent serious bodily injury to that person or to another.
- To engage in any behavior that has been or could be enjoined pursuant to Section 6320
- Abuse is not limited to the actual infliction of physical injury or assault.
The Grounds for Emergency Protective Orders are found in California Family Code Section 6250. Each application for an Emergency Protective Order must demonstrate a recent or credible threat of various modes of conduct. That section lists the grounds a Judge must consider when issuing an Ex Parte Domestic Violence Temporary Restraining Order, when law enforcement request it and attest to one of the following:
- That a person is in immediate and present danger of domestic violence, based on the person's allegation of a recent incident of abuse or threat of abuse
- That a child is in immediate and present danger of abuse by a family or household member
- That a child is in immediate and present danger of being abducted by a parent or relative
- That an elder or dependent adult is in immediate and present danger of abuse as defined in Section 15610.07 of the Welfare and Institutions code
If you have the victim of Domestic Violence or are being accused of Domestic Violence, you must contact competent counsel immediately.
The Law Office of Bradley S. Sandler A Professional Corporation has unique experience regarding Domestic Violence prosecution and defense. Call 310-246-3900 or contact me at Bradley@sandlerlawfirm.com to schedule a consultation at my Beverly Hills office.