Understanding Domestic Violence Under California Law

By Gerald A. Maggio, Esq.

Domestic violence Orange CountyDisagreements are not something unusual in one’s life. After all, it is not possible to agree with someone every time. And yet, when someone constantly feels unsafe or has to continuously live in a state of fear, domestic violence could be a major contributor. Any emotional, mental or physical behavior or act, which can have a negative impact on people living in the house or family members to an extent where they feel afraid, furious or nervous can be regard as an act of domestic violence.

Codes in California defining domestic violence

However, the definition of domestic violence may not be same in all states. Yet, the state of California is somewhat progressive with respect to the treatment of domestic violence incidents. It is also more sensitive with respect to how the court and the police system are directed to handle such cases and the kind of treatments victims of such incidents should get. The law of California has defined an act of domestic violence as an abusive treatment against a minor or an adult who could be a cohabitant, ex-cohabitant, former spouse or spouse. a kid from the individual or a person with whom a victim dated or has been dating according to Penal Code 13700.

California has also defined domestic violence as per the Family Code 6211. Its definition is wider as compared to the penal code. The code makes distinctions between non-criminal and criminal situations of domestic violence.

The domestic violence laws in California attempts to put an end to violence in intimate or familial relationships. It identifies acts of domestic violence if a person commits any type of criminal act within the purview of any relationship defined by the state’s Penal Code as mentioned above. Domestic violence cases are often synonymous with child abuse or abuse of spouses.

If a prosecutor brings a charge of domestic violence against the defendant, multiple sections of the California Penal Code can apply. It is the discretion of a prosecutor to select the kind of criminal charges to follow on the basis of how severe the conduct is and the degree of harm caused to the victim.

Restraining Orders

State laws of California enable domestic violence victims to file for restraining orders and emergency protective orders in criminal as well as civil courts. Issuing a restraining or a protective order does not essentially signify on how much harm is caused to the victim physically. An individual who has gone through acts of emotional abuse or is apprehensive of imminent harm is also eligible for being protected under the legal system of California. For more clarification on California domestic violence, you should contact an Orange County divorce attorney.

To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation