Legal Blog

Domestic Violence – The Basics

Many dissolution proceedings contain elements of domestic violence, and may even have begun with a domestic violence restraining order.

Abuse or threats of abuse by a person with whom the abused has/had an intimate relationship[i] constitutes domestic violence. The California Family Code defines abuse as intentionally or recklessly causing or attempting to cause bodily injury, sexual assault, placing a person in reasonable apprehension of imminent serious bodily injury, and engaging in any behavior that has been or could be enjoined pursuant to Family Code section 6320; the Code specifically notes that abuse is not limited to the actual infliction of physical injury or assault.[ii]

While the word abuse often connotes physical hitting or the like, in the domestic violence context many other behaviors can constitute abuse. For example, scaring a partner, following a partner, or keeping a partner from freely coming and going might constitute domestic violence. Verbal, emotional, or psychological abuse can qualify as domestic violence as well.

In the case of abuse, the abused can seek relief via a domestic violence restraining order. These orders can order the restrained person to not contact the protected person, to stay away from the protected person’s home and work, and to not have a gun, by way of example. The orders can also contain financial orders, such as ordering the restrained person to pay certain bills and not make changes to insurance policies.

While it is a good idea to have a lawyer, you have the ability to seek a domestic violence restraining order on your own; the California courts offer self-help resources online. That said, it is important to keep in mind that should you obtain a domestic violence restraining order against your spouse, you must still file for dissolution of marriage if you want a divorce. The restraining order does not end your marriage.

[i] Family Code § 6211 provides: “‘Domestic violence’ is abuse perpetrated against any of the following persons: (a) A spouse or former spouse. (b) A cohabitant or former cohabitant, as defined in Section 6209. (c) A person with whom the respondent is having or has had a dating or engagement relationship. (d) A person with whom the respondent has had a child, where the presumption applies that the male parent is the father of the child of the female parent under the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12). (e) A child of a party or a child who is the subject of an action under the Uniform Parentage Act, where the presumption applies that the male parent is the father of the child to be protected. (f) Any other person related by consanguinity or affinity within the second degree.”

[ii] Family Code § 6203.