DOMESTIC VIOLENCE TIPS: Who Can Be A Victim of "Domestic" Violence?
Jurisdictional Requirements For Seeking DV Orders
Family Code section 6211 limits the classes of persons who may seek domestic violence restraining
orders. Essentially these include married persons, domestic partners,
and people who live together in romantic relationships.
Otherwise, a party who feels threatened must instead seek and file for
"civil harassment restraining orders". This is an important
distinction in at least two ways: (1) The burden of proof for obtaining
DV restraining orders is by a "preponderance of the evidence."
Civil harassment petitions require "clear and convincing" proof,
a much more difficult standard to meet. (2) There is no filing fee for
domestic violence requests for orders; you must pay the county clerk in
which you file for civil harassment orders.
CALIFORNIA FAMILY CODE
PREVENTION OF DOMESTIC VIOLENCE
Family Code Section 6211
"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
(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.