DOMESTIC VIOLENCE TIPS: What is Domestic Violence?
CA Family Code Section 6203
Definitions of "Abuse" In DV Statutes
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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". While 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
(a) For purposes of this act, “abuse” means any of the following:
(1) To intentionally or recklessly cause or attempt to cause bodily injury.
(2) Sexual assault.
(3) To place a person in reasonable apprehension of imminent serious bodily injury to that person or to another.
(4) To engage in any behavior that has been or could be enjoined pursuant to Section 6320.
(b) Abuse is not limited to the actual infliction of physical injury or assault.
