Domestic violence is one of the most difficult circumstances a person can face. Whether out of fear of further harm or fear of false accusations, navigating this difficult topic can leave you searching for answers. If you are wondering what qualifies as domestic violence under California law, then you are not alone. Having the right information can be powerful in helping you take control of the situation and take a step in the right direction.
Civil and Criminal Definitions
Domestic violence can be common, with California’s law enforcement agencies receiving about 18 reports of domestic violence per hour in 2023. California defines domestic violence as both a criminal and civil offense. While the definitions may be similar, how they're used is different. Family codes are used in cases such as custody cases or in the pursuit of an order for protection. Penal codes are used when someone is being charged with a crime related to domestic violence.
While domestic violence is not gender specific, in the United States, one in four women has experienced severe physical violence from a close partner at some point in their lives. Many of these cases will be processed through both civil and criminal courts to help protect the victim.
Domestic Violence Legal Definitions
The Golden State takes domestic violence very seriously. Penal codes 13700 and 273.5 help set forth the definitions used in prosecuting domestic violence. They begin with abuse, which is intentionally or recklessly causing harm to another. Making another person fear imminent harm can also be abused.
Not all abuse is domestic violence. To meet the legal definition, the act of violence must come from:
- Your spouse or former spouse
- The parent of your child
- A romantic partner, or former romantic partner
- Your roommate, or someone you have lived with for a substantial time
- The child of the alleged perpetrator of the violence
- Another close relative or cohabitant
In family law, domestic violence is outlined in family codes 6211 and 6203. Under these codes, the understanding of who can commit domestic violence is very similar. The definition of abuse includes:
- Intentionally or recklessly causing injury
- Attempting to cause injury
- Making a person reasonably fear imminent injury
- Sexual assault
Depending on your situation, you may be dealing with criminal or civil proceedings. Understanding which applies to your case, and how, is vital to building the right legal strategy for your goals.
Any type of violence or abuse should be treated with a high level of care, caution, and diligence. Victims of abuse deserve to be protected, and those accused of abusing others deserve to be heard. Unfortunately, domestic violence can also be used as a weapon against others, particularly those in a difficult divorce, child custody cases, or other family law situations.
Responding to Domestic Violence
There are many structures in place to support victims of domestic violence. The first step should always be law enforcement. The city of Sacramento received 4,971 calls for domestic violence-related assistance in 2023. Law enforcement agents can help enforce restraining orders, protect people from harm, and connect victims to resources.
If you’ve experienced domestic violence, you may have many resources available to you. This includes crisis centers, hotlines, and other support. From a legal perspective, your options could include:
- Dealing with criminal charges for alleged activity
- Requesting an order for protection
- Initiating a custody dispute
- Challenging a protection or custody order
Hire a Sacramento Domestic Violence Lawyer
Whatever your situation, Ewing Law Group, PC can help pursue the protection and support you need. We believe in connecting people like you to invaluable legal guidance that is both thorough and affordable. We can help you navigate the legal maze of domestic violence cases while keeping yourself safe.
We see clients across the Greater Sacramento area, including Old Sacramento and Yuba County. Wherever you are, it’s important to get legal help for your domestic violence case. We can support you with:
- Understanding how the laws apply to your case
- Filing for protection for you and your family
- Addressing civil or legal challenges
- Finding the right evidence to support your case
- Understanding your options so you feel less overwhelmed.
FAQs for Sacramento Domestic Violence Lawyers
Q: Is Pushing Considered Domestic Violence in California?
A: Pushing can be considered domestic violence in California. It may be intended to cause harm, or may cause harm, causing it to meet the definitions of domestic violence. Understand, however, that each situation is unique, and how the law may view your situation could be different. Speak with a domestic violence lawyer who can help evaluate your situation and identify the legal options you can pursue.
Q: Can You Get a Restraining Order for Threats?
A: You may be able to get a restraining order for threats depending on the circumstances. Causing legitimate fear of harm can be considered domestic violence. To get a protection order, you must be able to prove there is a real threat to your safety. If you feel you have been threatened, seek the counsel of a domestic violence lawyer who can help evaluate your situation and move forward with appropriate protections for your and your loved ones' safety.
Q: Do I Need a Lawyer for Domestic Violence in California?
A: You do not need a lawyer for domestic violence in California. However, working with a lawyer offers many benefits. Most important of these include the knowledge and experience to support your navigation of the legal system. With their help, you can appropriately meet deadlines, hold the other party accountable, and, in cases of domestic violence, file the right motions to protect you from further harm or from further false accusations.
Q: What Are the 3 R’s of Domestic Violence?
A: The 3 R’s of domestic violence are recognize, respond, and refer. They are guidelines to help people be more aware of domestic violence cases and address them. First, it is important to recognize the signs of domestic violence against yourself or others. You can respond by having a caring, private conversation with a person whom you suspect to be a victim. Then refer them to further support resources or law enforcement if necessary.
California Domestic Violence Lawyer
At the Ewing Law Group, PC, we understand how difficult domestic violence cases are. Experiencing harm from someone who’s supposed to be safe can be distressing and leave you with more questions than answers. That’s why we’re dedicated to providing personalized support that provides you with the answers you need to keep moving forward.
If you think you’ve experienced domestic violence, don’t wait to get help. Contact Ewing Law Group, PC, and let us put our knowledge and experience to work for you.
