The WHAT: “Violence”

What exactly constitutes domestic violence against another person? Is physical contact required? Or are threatening words enough? Although the crux of domestic violence is defined similarly across state lines, many legislatures express subtle distinctions from one another in their definitions of this unlawful behavior. Therefore, a potential victim must research the law in the jurisdiction in which the “abuse” occurred.

In California, the Family Code provides the most cohesive definition of domestic violence. The sections dealing with domestic violence are collectively known as the “Domestic Violence Prevention Act (“DVPA”). Section 6203 of the DVPA uses the word "abuse" synonymously with the word “violence.” These two words can be defined as any of the following:

(1) Intentionally or recklessly causing or attempting to cause bodily injury

(2) Sexual assault

(3) Placing a person in reasonable apprehension of imminent serious bodily injury to their person or the person of another. Many legal minds provide a more expansive definition of domestic violence, and even classify such behavior into different groups

• PHYSICAL ABUSE: Grabbing, pinching, shoving, slapping, hitting, hair pulling, biting, etc. Denying medical care or forcing alcohol and/or drug use.

• SEXUAL ABUSE: Coercing or attempting to coerce any sexual contact without consent, e.g., marital rape, forcing sex after physical beating, attacks on sexual parts of the body or treating another in a sexually demeaning manner.

• ECONOMIC ABUSE: Making or attempting to make a person financially dependent, e.g., maintaining total control over financial resources, withholding access to money, forbidding attendance at school or employment.

• EMOTIONAL ABUSE: Undermining a person's sense of self-worth, e.g., constant criticism, belittling one's abilities, name calling, damaging a partner's relationship with the children.

• PSYCHOLOGICAL ABUSE: Causing fear by intimidation, threatening physical harm to self, partner or children, destruction of pets and property, mind games or forcing isolation from friends, family, school and/or work. The common thread here is clear: all domestic violence is a pattern of abusive behavior which keeps one partner in a position of power over another close person in their life through the use of fear, intimidation and control.

THE WHO: “Domestic”

Who can commit domestic violence against you? Can a victim only plead domestic violence against his or her spouse? His or her boyfriend? A live-in partner? In essence, a discussion of what types of relationships give rise to the potential for domestic violence has forced the California Legislature to determine exactly what they mean by the word “domestic” in the phrase “domestic violence.”

Section 6211 of the DVPA states that "domestic violence" is abuse perpetrated against any of the following persons:

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