Part 1. Short Title And Definitions of California Family Law Code >> Division 10. >> Part 1.

This division may be cited as the Domestic Violence Prevention Act.

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 following:
  (1) To intentionally or recklessly cause or attempt to cause bodily injury.
  (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 following persons:
  (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 abuse.
  (b) An order described in Section 6321 excluding a person from a dwelling.
  (c) An order described in Section 6322 enjoining other specified behavior.

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.