(1) A spouse or former spouse

(2) A cohabitant or former cohabitant

(3) A person with whom the respondent is having or has had a dating or engagement relationship

(4) 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

(5) 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;

(6) Any other person related by consanguinity or affinity within the second degree. (Family Code, Division 10, PREVENTION OF DOMESTIC VIOLENCE, Part 1., Sec. 6211).

In lay terms, the following people can commit domestic violence against you in California:

• your spouse or former spouse.

• someone you live with or lived with in the past (but you must have a closer, more intimate relationship than just “roommates”)

• someone you are dating or have dated

• someone you have a child with

• someone to whom you are related by blood, marriage, or adoption (including your parent, grandparent, child, grandchild, brother, or sister) In addition, California law allows minors 12 years old or older to file for restraining orders without the assistance of a parent or guardian.

Furthermore, same-sex partners are also eligible to file for restraining orders.

The two most important buzzwords to think of in determining whether the violence against you is domestic are “family” and “intimacy.” The likelihood of violence being domestic when the perpetrator is either family or one you share intimacy with is extremely high. In order to obtain legal relief, a victim must sufficiently inform the court of both the “WHAT” and the “WHO” in domestic violence. Notwithstanding, simply because a victim’s abuse does not fit within the aforementioned categories does not mean other non-legal help is unavailable.

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