Domestic Violence

The Domestic Violence Prevention Act (DVPA) can be found at Sections 6200 through 6390 of the Family Code.

Domestic Abuse is defined as abuse perpetrated against:

(a) A spouse;

(b) A cohabitant or former cohabitant (which is defined as a person who regularly resides(resided) at the residence);

(c) A person with whom the respondent is having or has had a dating or engagement relationship;

(d) A person with whom the person has had a child where the party is presumed to be the father;

(e) A child of a party or a child who is the subject of an action under the Uniform Parentage Act, where the presumption applies that the male parent is the father of the child to be protected;

(f) Any other person related by consanguinity or affinity within the second degree.

A party to a DVPA may obtain an Emergency Protective Order where a law enforcement officer asserts reasonable grounds to believe any of the following:

(a) That a person is in immediate and present danger of domestic violence, based on the person's allegation of a recent incident of abuse or threat of abuse by the person against whom the order is sought.

(b) That a child is in immediate and present danger of abuse by a family or household member, based on an allegation of a recent incident of abuse or threat of abuse by the family or household member.

(c) That a child is in immediate and present danger of being abducted by a parent or relative, based on a reasonable belief that a person has an intent to abduct the child or flee with the child from the jurisdiction or based on an allegation of a recent threat to abduct the child or flee with the child from the jurisdiction.

The Court must find both of the following to issue an emergency protective order:

(a) That reasonable grounds have been asserted to believe that an immediate and present danger of domestic violence exists or that a child is in immediate and present danger of abuse or abduction, and

(b) That an emergency protective order is necessary to prevent the occurrence or reoccurrence of domestic violence, child abuse, or child abduction. Cal. Fam. Code § 6251.

Emergency Protective Orders expire automatically on the earliest of the following: close of judicial business on the fifth court day following the day of issuance, or the seventh calendar day following the day of its issuance. Cal. Fam. Code § 6256

When making an order for custody the court must specify the time, day, place, and manner of transfer of the child for custody or visitation to limit the child's exposure to potential domestic conflict or violence and to ensure the safety of all family members. Cal. Fam. Code § 6323(c). The court may also consider whether visitation should be limited to situations in which a third person, specified by the court, is present, or whether visitation or custody should be suspended or denied.. Cal. Fam. Code § 6323(d).

In any action, whether in a dissolution, paternity action or DPVA, where there is domestic violence, the court must specify the time, day, place, and manner of transfer of the child for custody or visitation to limit the child's exposure to potential domestic conflict or violence and to ensure the safety of all family members. The court may also limit visitation to situations in which a third person, specified by the court, is present, or whether visitation or custody should be suspended or denied. Cal. Fam. Code § 6323(d).

If the court does grant visitation or custody to a person who has been accused of domestic violence (or substance abuse) the court must state its reasons for doing so. Cal. Fam. Code § 3011.