Fighting Domestic Violence

USA - California

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1. Legal provisions
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1. Legal provisions Start Comparison
Introduction

Most of the laws that apply to victims of domestic violence and sexual assault come from California state laws, for example, laws that deal with protection orders, divorce, custody, crimes, etc. However, there are also federal laws — which apply to all states — that may be relevant for victims of abuse as well. This summary will provide an overview of California state laws that apply to domestic violence.

In California, domestic violence is defined as when your current or former spouse, boyfriend/girlfriend, someone you have a child in common with, someone you live or have lived with, or someone you are related to through blood or marriage[1] does one of the following:

  1. causes or attempts to cause you physical injury
  2. sexually assaults you
  3. makes you fear that you or another person is in danger of immediate and serious physical injury
  4. molests, attacks, batters (uses force) or strikes you
  5. stalks you
  6. threatens or harasses you — either in person or through phone calls, emails or other methods
  7. destroys your personal property
  8. disturbs your peace[2]

The actions listed above are considered “abuse.” It is worth emphasizing that in California abuse does not have to be physical in nature — abuse can be verbal (spoken), emotional or psychological.

In California, domestic violence captures a broad range of criminal offenses that may be charged and punished in several different ways depending on the facts of the case. Less serious domestic violence incidents may be charged as misdemeanors. Some domestic violence charges called “wobblers” (e.g., charges under the California Penal Code (“Penal Code”) Section 273.5, Section 243 and Section 245) may be initially charged as a felony, but subsequently reduced to a misdemeanor. Serious domestic violence incidents are charged as felonies.
1.1 What are the relevant statutes and codes?

In respect of California, the following statutes are relevant to cases of domestic violence:

  • Family Code Section 6203, Section 6211, Section 6218 and Section 6301
  • Penal Code Section 243(e)(1)
1.2 What is the controlling case law?
Coerced sexual activities and coerced debt are also forms of domestic violence. In People v. Thompson, 160 Cal. App. 3d 220, 206 Cal. Rptr. 516 (1st Dist. 1984), statute permitting propensity evidence of a defendant’s other acts of domestic violence applies if the charged offense falls within the Family Code definition of domestic violence, even if it does not fall within the more restrictive Penal Code definition.[3]
1.3 What are the specific parts of the court system that address domestic violence?
The superior courts handle domestic violence cases. 
1.4 What are potential causes of action?

Proceedings can be either felonies or misdemeanors, but most crimes of domestic violence are California “wobbler” offenses (i.e., crimes that can be charged as either misdemeanors or felonies). Common crimes include:

  • corporal injury to a spouse or inhabitant (Penal Code Section 273.5)
  • domestic battery (Penal Code Section 273.5)
  • child abuse/endangerment (Penal Code Section 273d and 273a)
  • elder abuse (Penal Code Section 368)
  • criminal threats (Penal Code Section 422)
  • stalking (Penal Code Section 646.9)
  • aggravated trespass (Penal Code Section 601)
  • revenge porn (Penal Code Section 647(j)(4))
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