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Friday, September 11, 2020
DOMESTIC VIOLENCE LAW, STRAIGHT FROM THE CALIFORNIA STATE WEBSITE.........
OK, so the photo laugh isn't from the Court website,,, but the data below is...........
What Is Domestic Violence?
Domestic violence is abuse or threats of abuse when the person being abused and the abuser are or have been in an intimate relationship (married or domestic partners, are dating or used to date, live or lived together, or have a child together). It is also when the abused person and the abusive person are closely related by blood or by marriage.
The domestic violence laws say “abuse” is:
Physically hurting or trying to hurt someone, intentionally or recklessly;
Making someone reasonably afraid that they or someone else are about to be seriously hurt (like threats or promises to harm someone); OR
Behavior like harassing, stalking, threatening, or hitting someone; disturbing someone’s peace; or destroying someone’s personal property.
The physical abuse is not just hitting. Abuse can be kicking, shoving, pushing, pulling hair, throwing things, scaring or following you, or keeping you from freely coming and going. It can even include physical abuse of the family pets.
Also, keep in mind that the abuse in domestic violence does not have to be physical. Abuse can be verbal (spoken), emotional, or psychological. You do not have to be physically hit to be abused. Often, abuse takes many forms, and abusers use a combination of tactics to control and have power over the person being abused. Read more about domestic violence and abuse. If you live in a tribal community in California and are experiencing domestic violence, click to get more information.
(Note: the burden of proof on these allegations is by preponderance of the evidence.)
FAMILY CODE - FAM
DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460]
( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. )
PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389]
( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. )
CHAPTER 2. Issuance of Orders [6320 - 6361]
( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 154. )
ARTICLE 1. Ex Parte Orders [6320 - 6327]
( Article 1 added by Stats. 1993, Ch. 219, Sec. 154. )
(a) The court may issue an ex parte order enjoining a party from molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, credibly impersonating as described in Section 528.5 of the Penal Code, falsely personating as described in Section 529 of the Penal Code, harassing, telephoning, including, but not limited to, making annoying telephone calls as described in Section 653m of the Penal Code, destroying personal property, contacting, either directly or indirectly, by mail or otherwise, coming within a specified distance of, or disturbing the peace of the other party, and, in the discretion of the court, on a showing of good cause, of other named family or household members.
(b) On a showing of good cause, the court may include in a protective order a grant to the petitioner of the exclusive care, possession, or control of any animal owned, possessed, leased, kept, or held by either the petitioner or the respondent or a minor child residing in the residence or household of either the petitioner or the respondent. The court may order the respondent to stay away from the animal and forbid the respondent from taking, transferring, encumbering, concealing, molesting, attacking, striking, threatening, harming, or otherwise disposing of the animal.
(c) This section shall become operative on July 1, 2014.
(Repealed (in Sec. 1) and added by Stats. 2013, Ch. 260, Sec. 2. (AB 157) Effective January 1, 2014. Section operative July 1, 2014, by its own provisions.)
The paramount interest here, and in all similar cases, is “the safety of all family members.” (§ 6340.)
// Pursuant to section 6341, subdivision (a), the court in a DVPA proceeding may issue an order for child support only if the parties are married and no other child support order exists or the respondent is the presumed natural father of the child, as defined in section 7611, and the child is in the custody of the petitioner. Although section 6341, subdivision (b), provides a child support order issued in a DVPA proceeding is made without prejudice to any future paternity action, the filing of a paternity action is not a prerequisite to a child support order.