It is estimated that one in three women and one in four men experience intimate partner violence in California. In 2022, there were over 1.3 million reported incidents of domestic violence nationwide and over 950,000 reports of intimate partner violence across the country. Approximately 46% of domestic violence acts are not reported.

Despite the rates of domestic violence decreasing steadily for around three decades, the numbers started to rise again in 2022. While victims of domestic violence fall into every demographic category, women experience more violence than men. Understanding what domestic violence means in California can help you make informed decisions about family law matters and domestic violence restraining orders (DVROs).

Defining Domestic Violence

California penal code defines domestic violence as abuse committed against one of the following people:

  • A spouse or former spouse
  • A roommate or former roommate
  • An intimate partner or previous intimate partner
  • A coparent

In family law cases, like divorce and child custody matters, the California Family Code includes an additional category for domestic violence victims: any person related by consanguinity or affinity within the second degree. This means anyone related to the abuser by blood or marriage, including their children, siblings, step-siblings, grandparents, nieces, and nephews.

Abuse is defined as causing or trying to cause bodily injury. It also includes an intentional act that causes another person to reasonably fear for their safety or the safety of another person.

Recognizing the Different Forms of Domestic Violence

Contrary to popular belief, domestic violence is not always easy to identify. Physical abuse is among the most reported and recognizable forms of domestic violence, but even this type can be challenging to recognize and prove. Slapping, pushing, choking, hitting, kicking, and punching are examples of physical abuse.

Domestic violence includes more than physical violence or abuse. Emotional abuse, stalking, and sexual assault also constitute domestic violence. More specifically and for the purposes of granting DVROs, courts consider the following acts to be domestic violence:

  • Intentionally causing bodily injury
  • Trying to cause bodily injury
  • Threats
  • Attacking or battering
  • Harassing
  • Stalking
  • Calling or contacting excessively
  • Destroying property

Coercive control, which is repeated behavior that unreasonably interferes with someone’s free will or liberty, is also included as a form of domestic violence in California. This includes isolation, regulating or monitoring someone’s daily behavior, and depriving someone of basic necessities.

Warning Signs of Domestic Violence in California

Identifying the signs can be helpful for family members and friends who suspect their loved one is being abused, but it can also help victims recognize that what they’re experiencing is considered domestic violence and abuse. In addition to physical signs like bruises, cuts, and broken bones, domestic abuse victims often experience the following:

  • Being blamed, shamed, and criticized on a regular basis
  • No access to money or the inability to spend money freely
  • Not being allowed to spend time or talk to friends and family members
  • Having their belongings destroyed or taken
  • Being prevented from making their own decisions

Isolation and control are common signs of physical, emotional, and financial abuse.

Divorce, Child Custody, and Domestic Violence

Domestic violence incidents are taken into consideration during divorce proceedings and child custody cases. If a child witnesses one parent commit domestic violence, the courts will also consider that in their custody and visitation decisions, even if no violence was committed against the child. This is due, in part, to the fact that witnessing violence is traumatic for children.

While it is not possible to predict how domestic violence will impact a divorce or custody case, it is almost certain that it will be a consideration when the court is weighing the evidence.

In custody and visitation cases, courts are concerned primarily about the best interests of the child. This often means limiting visitation or requiring supervised visitation to maintain the well-being and safety of the child. For spouses going through divorce, domestic violence can also impact their case in numerous ways, including:

  • An abusive spouse cannot request spousal support from the spouse they abused
  • Property may be divided favorably to the abused spouse
  • Attorney fees may be awarded to the abused spouse

How a Domestic Violence Lawyer Can Assist You

If you would like to file for a DVPO or if you are facing a custody or divorce case involving domestic violence, contact the Certified Family Law Specialist at Sarieh Law Offices to schedule your free case evaluation.