What acts qualify as Domestic Violence under California Law? Suffering physical, psychological, or emotional abuse is never OK. Get the facts about Domestic Violence and when you should request a domestic violence restraining order to protect you and your family. California Family Law Attorney Judy L. Burger can help you understand when you should petition the court for a restraining order.
You can also get immediate assistance by calling the National Domestic Violence Hotline at 1-800-799-7233.
Defining Domestic Violence
The United States Department of Justice defines domestic violence as: “Domestic violence is a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner. Domestic violence can be physical, sexual, emotional, economic, psychological, or technological actions or threats of actions or other patterns of coercive behavior that influence another person within an intimate partner relationship. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone.”
Domestic violence, according to California law, encompasses any type of abuse inflicted upon an “intimate partner.” This includes the deliberate or careless application of physical force against the individual or the act of threatening to use force against them.
The California Penal Code defines an “intimate partner” in the broadest possible way, so that can include:
- Your spouse
- Your former spouse
- Your domestic partner
- Your former domestic partner
- A person with whom you’ve had a child
- A current live-in romantic partner
- A former live-in romantic partner
- Someone you date
- A person you dated previously
Other persons may also be victims of domestic violence under CA law:
- Children
- Your brother/half-brother/step-brother
- Your sister/half-sister/step-sister
- Parents
- Grandparents
- Your niece
- Your nephew
- Your uncle
- Your aunt
- Anyone related to you within the second degree by blood or marriage
Judy L. Burger is a Certified Family Law Specialist who can be a strong and aggressive advocate in highly conflicted domestic matters when you need the law on your side. Contact us for immediate help.
Common Acts of Domestic Violence
Charges of domestic violence vary under California law, depending on the severity of the crime and the surrounding circumstances. Many violent acts are specifically defined under the Penal Code. Some of the most common include:
- Corporal Injury Upon a Spouse or Cohabitant – this counts even for slight injuries.
- Child Abuse – is defined as inflicting “cruel or inhuman corporal punishment or an injury resulting in a traumatic condition” upon a child.
- Domestic Battery – using force or inflicting harm on an intimate partner.
- Child Endangerment – willfully allowing a child in your care to be harmed or allowing her or his safety to be endangered, including actions or neglect.
- Child Neglect – this is willfully neglecting to provide the basic necessities for your minor children.
- Stalking – harassing or threatening so as to cause fear for your or your family’s safety.
- Criminal Threats – threatening anyone with serious harm.
- Aggravated Trespass – entering a home or workplace to carry out a threat within thirty days of making it.
- Posting Harmful Information on the Internet (“Cyberstalking”) – making harmful information about someone else available by posting or emailing the material.
- “Revenge Porn” – intentional distribution of sexual images of another person with the intent to cause them emotional distress.
Domestic Violence Penalties In California
In California, most domestic violence offenses are known as “wobbler” offenses, which means they can be charged as either misdemeanors or felonies, depending on the specifics of the case. Factors such as prior criminal record and the extent of the victim’s injuries are considered when determining whether to pursue misdemeanor or felony charges for an act of domestic violence.
Penalties range from probation with certain freedoms to fines, county jail, or state prison time. Domestic violence misdemeanor convictions also impose a ten-year ban on owning or possessing firearms. Persons convicted of felony domestic violence charges fall under the “Felon In Possession of a Firearm” law and are under a lifetime ban from owning firearms.
Some federal domestic violence misdemeanors also impart a lifetime firearm ownership ban.
Get Help with Domestic Violence Crimes In California
You should never hesitate to act when you believe you or your child are victims of domestic violence. Do not wonder how long you must suffer – when you or your child experience abuse or feel threatened, that is the time to act. Contact The Law Offices of Judy L. Burger for immediate assistance with obtaining a restraining order.
You can also get immediate assistance by calling the National Domestic Violence Hotline at 1-800-799-7233.