Part 1. Short Title And Definitions of California Family Law Code >> Division 10. >> Part 1.
This division may be cited as the Domestic Violence
Unless the provision or context otherwise requires, the
definitions in this part govern the construction of this code.
(a) For purposes of this act, "abuse" means any of the
(1) To intentionally or recklessly cause or attempt to cause
(2) Sexual assault.
(3) To place a person in reasonable apprehension of imminent
serious bodily injury to that person or to another.
(4) To engage in any behavior that has been or could be enjoined
pursuant to Section 6320.
(b) Abuse is not limited to the actual infliction of physical
injury or assault.
"Affinity," when applied to the marriage relation, signifies
the connection existing in consequence of marriage between each of
the married persons and the blood relatives of the other.
"Cohabitant" means a person who regularly resides in the
household. "Former cohabitant" means a person who formerly regularly
resided in the household.
"Dating relationship" means frequent, intimate associations
primarily characterized by the expectation of affection or sexual
involvement independent of financial considerations.
"Domestic violence" is abuse perpetrated against any of the
(a) A spouse or former spouse.
(b) A cohabitant or former cohabitant, as defined in Section 6209.
(c) A person with whom the respondent is having or has had a
dating or engagement relationship.
(d) A person with whom the respondent has had a child, where the
presumption applies that the male parent is the father of the child
of the female parent under the Uniform Parentage Act (Part 3
(commencing with Section 7600) of Division 12).
(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.
"Emergency protective order" means an order issued under Part
3 (commencing with Section 6240).
"Protective order" means an order that includes any of the
following restraining orders, whether issued ex parte, after notice
and hearing, or in a judgment:
(a) An order described in Section 6320 enjoining specific acts of
(b) An order described in Section 6321 excluding a person from a
(c) An order described in Section 6322 enjoining other specified
Subject to adequate, discretionary funding from a city or a
county, the superior courts in San Diego County and in Santa Clara
County may develop a demonstration project to identify the best
practices in civil, juvenile, and criminal court cases involving
domestic violence. The superior courts in any other county that is
able and willing may also participate in the demonstration project.
The superior courts participating in this demonstration project shall
report their findings and recommendations to the Judicial Council
and the Legislature on or before May 1, 2004. The Judicial Council
may make those recommendations available to any court or county.