Eligibility

Who Can File

Under Family Code § 6211, a person may seek a DVRO when the alleged abuse was committed by:

• A current or former spouse or registered domestic partner;
• A person the petitioner is dating or previously dated;
• A current or former fiancé(e);
• A person with whom the petitioner has a child;
• A child of either party or a child involved in a parentage proceeding;
• A person with whom the petitioner currently lives or formerly lived as a family or household—not merely a roommate; or
• A relative within the second degree by blood or marriage, including:
  • Parent, stepparent, or parent-in-law;
  • Child, stepchild, adopted child, or child’s spouse;
  • Sibling, stepsibling, or sibling-in-law;
  • Grandparent or grandparent-in-law; and
  • Grandchild or grandchild-in-law.

What is domestic violence under the domestic violence prevention act

Domestic violence covers an array of behaviors.

The first is battery. A battery is a physical unwanted touching. General examples can include someone punching, slapping, kicking, or spitting on you; pulling your hair; or throwing water on you.

Consider another general example: You just found out that the person cheated on you or did something else that hurt you. You are crying and telling the person to get away from you, but the person approaches you to console you and attempts to hug you. That may be considered a battery because the physical touching was unwanted. In this example, the person’s claimed intent does not change the fact that the touching was unwanted. Whether any actual incident legally constitutes battery depends on its particular facts.

Next is assault. An assault is the immediate apprehension of a physical unwanted touching. A general example would be someone raising a hand during an argument as if they are about to slap or punch the other person. The raising of the hand may be considered the assault. If the person actually strikes the other person, the physical touching may be considered the battery.

Assault may also include situations where someone punches a hole in a wall or kicks a hole in a door because the person is angry or during an argument. Depending on the circumstances, this behavior may communicate to the other person, “I wish this were your face,” or “You are next.”

Another example could involve someone kicking a dog. When you tell the person to stop kicking the dog, the person responds, “Shut up, or you’re next.” Assault may also include situations where someone throws a telephone, remote control, or another object at you or in your direction because the person is upset.

These are general examples only. Whether any particular conduct legally constitutes assault or another form of abuse depends on all the surrounding circumstances.

If someone throws your personal property, attempts to break your personal property, or destroys your vehicle, that conduct may be considered vandalism and may also be relevant when someone requests protection. Whether the conduct provides a legal basis for protection is a determination made by the court.

Next is stalking. Stalking is very dangerous. Stalking may involve someone showing up at places where the person should not know you are going to be, particularly when those places are not along the person’s regular route between home and work. It may also involve someone placing a GPS locator on your telephone or vehicle.

These are examples of conduct that may raise stalking concerns. They are not a complete legal definition, and whether particular behavior legally constitutes stalking depends on the complete facts and circumstances.

Next is harassment. Harassment is where somebody disturbs your mental peace of mind by directly or indirectly interfering with your liberty or freedom and causing you significant emotional distress.

This may involve someone refusing to allow you to leave a room or the house. It may also involve a situation where a person does not like your position during an argument and takes away your access to finances or transportation. Harassment may also involve someone sending you insulting or excessive messages. After you block the person, the person may contact you through different platforms to continue putting you down, saying things to you, or simply attempting to contact you. If you have told the person to stop, but the person continues contacting you and causes you significant emotional distress, that conduct may be considered harassment.

Sexual assault

Sexual assault is included as abuse under the code:

• Rape: Nonconsensual intercourse accomplished through force, violence, duress, menace, threats, intoxication, unconsciousness, incapacity, impersonation, or specified fraud. (Pen. Code, § 261.)
• Unlawful intercourse with a minor: Intercourse with a person under 18, regardless of purported consent. (§ 261.5.)
• Forced marriage: Compelling someone through force, menace, or duress to marry the perpetrator or another person. (§ 265.)
• Sexual exploitation and prostitution-related conduct: Enticing or procuring minors or adults for prostitution or sexual activity; coercing prostitution; placing a spouse in prostitution; or inducing sexual conduct through fraudulent representations intended to create fear. (§§ 266–267.)
• Aggravated sexual assault of a child: Specified forcible sexual acts against a child under 14 where the perpetrator is at least seven years older. (§ 269.)
• Female genital mutilation: Nonmedical excision or infibulation of specified genital anatomy. (§ 273.4.)
• Incest: Sexual intercourse between persons within prohibited degrees of consanguinity. (§ 285.)
• Unlawful or forcible sodomy: Including acts involving a minor, force, duress, threats, incapacity, intoxication, or unconsciousness. (§ 286.)
• Unlawful or forcible oral copulation: Including acts involving minors or lack of legal consent. (§ 287; former § 288a.)
• Lewd or lascivious conduct involving a child: Sexual touching of a child with the requisite sexual intent; physical penetration is unnecessary. (§ 288.)
• Continuous sexual abuse of a child: Three or more qualifying sexual acts over at least three months against a child under 14 by someone residing with or having recurring access to the child. (§ 288.5.)
• Unlawful or forcible sexual penetration: Including penetration accomplished through force, duress, threats, intoxication, unconsciousness, incapacity, or involving a minor. (§ 289.)
• Sexual exploitation of a minor in obscene material: Employing, using, persuading, inducing, or coercing a minor to participate in sexual conduct for images or performances. (§ 311.4.)

Abuse of an elder or dependent adult

Abuse of an elder or dependent adult includes three broad categories:

Physical or psychological mistreatment

• Physical abuse;
• Neglect or self-neglect;
• Abandonment;
• Isolation;
• Abduction; or
• Other treatment resulting in physical harm, pain, or mental suffering.

Deprivation by a care custodian

Withholding goods or services necessary to prevent physical harm or mental suffering, such as food, water, shelter, hygiene assistance, medication, medical treatment, supervision, or other necessary care.

Financial abuse

• Wrongfully taking, concealing, obtaining, appropriating, or retaining the elder’s property;
• Assisting another person in doing so;
• Acting with intent to defraud;
• Taking property when the person knew or should have known the conduct would likely harm the elder; or
• Obtaining property through undue influence.

Abuse Can Take Many Forms

• Assault, battery, or attempted physical harm
• Threats of violence
• Stalking or harassment
• Sexual assault or abuse
• Damaging or destroying personal property
• Coercive control, isolation, or financial control
• Elder or dependent-adult abuse