DOMESTIC VIOLENCE TIPS: What is Domestic Violence?
Definitions of "Abuse" In DV Statutes
Family Code section 6203 and
section 6320 together define what conduct and behaviors constitute "abuse"
that can be prohibited and protected against by the issuance of domestic
violence orders. Some of these behaviors may be quite subtle - for instance,
conduct that a reasonable person would find intrusive or disturbing, even
in the absence of physical hitting or destruction of property, can be
enjoined if it "disturbs the peace". Whie the burden of proof
for obtaining DV orders is by a preponderance of the evidence, because
of the serious consequences that arise as a result of such orders California
family courts are increasingly requiring some objective evidence of abuse
beyond the victim's uncorroborated say-so.
CALIFORNIA FAMILY CODE
DOMESTIC VIOLENCEDEFINITION OF "ABUSE"
Family Code Section 6203
For purposes of this act, "abuse" means any of the following:
(a) Intentionally or recklessly to cause or attempt to cause bodily injury.
(b) Sexual assault.
(c) To place a person in reasonable apprehension of imminent serious bodily
injury to that person or to another.
(d) To engage in any behavior that has been or could be enjoined pursuant to