In California, domestic violence is a criminal offense, and it is essential for everyone to understand its definition and implications to prevent such incidents from happening. With that in mind, today we provide a detailed overview of the definition of domestic violence in California.
The Definition of Domestic Violence in California?
While most people understand what domestic violence means, it is important to understand what constitutes domestic violence from a legal standpoint.
California’s penal code defines domestic violence as “abuse committed against an adult or a minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has had a dating or engagement relationship.”
The penal code goes on to specify that “For purposes of this subdivision, “cohabitant” means two unrelated adult persons living together for a substantial period of time, resulting in some permanency of relationship.”
According to California law, Factors that may determine whether persons are cohabiting include, but are not limited to:
- Sexual relations between the parties while sharing the same living quarters
- Sharing of income or expenses
- Joint use or ownership of property
- Whether the parties hold themselves out as spouses
- The continuity of the relationship
- The length of the relationship
Note that the above definition does not limit domestic violence to physical violence alone. It can also include a wide array of behaviors, including emotional abuse. Some common examples of domestic violence include:
- Causing physical injuries
- Sexual assault
- Stalking
- Threats or harassment
- Destruction of your personal property
- Disturbance of your peace
Victims of domestic violence in California can seek protection from the court by filing a restraining order. A restraining order is a legal order that prohibits the offender from contacting the victim and coming near them. It also entitles the victim to exclusive use of the family home and protects their children, pets, and their workplace, among others.
In California, domestic violence is taken seriously, and offenders face harsh penalties for their acts. The punishment can range from probation and counseling to imprisonment. The offender may also be required to pay for the victim’s medical bills and lost wages. In some cases, the offender may be ordered to participate in a domestic violence program as part of their probation.
Survivors of domestic violence can receive support from various organizations and programs, such as shelters, hospitals, legal aid, and counseling services. The State provides emotional and financial support to assist victims of domestic violence in rebuilding their lives and taking legal actions against their abusers.
Disclaimer: This blog post provides general information about domestic abuse. It does not provide legal advice. Victims should consult with a legal professional for advice related to their specific situation.
Are You a Victim of Domestic Violence or Abuse? DVAP Is Here To Help
Domestic Violence and Abuse Protection, Inc. is a non-profit organization committed to protecting the victims of domestic abuse.
When restraining orders are not enough, we are there to provide the determined protection you deserve. We are located at 3900 Orange St. Riverside, CA. Call us at (951)-275 8301 (24 hours). Alternatively, you can email us at admin@dvapriverside.org