California's domestic violence laws define who qualifies for protection and what conduct constitutes abuse more broadly than many people assume. Family Code 6211 establishes who can seek a domestic violence restraining order, and Penal Code 273.6 establishes criminal penalties for violating a protective order. Understanding what counts as domestic violence California law protects against — and who qualifies for protection — is essential before filing for or defending against a DVRO.
Who Is Protected Under Family Code 6211
6211 family code California defines "domestic violence" as abuse perpetrated against specified people in qualifying relationships. Family Code 6211 covers: a spouse or former spouse; a cohabitant or former cohabitant; a person with whom the perpetrator has had a dating or engagement relationship; a person with whom the perpetrator has had a child; a child of the party; or any other person related by consanguinity or affinity within the second degree (parents, children, siblings, grandparents, grandchildren, in-laws).
This definition of qualifying relationships under 6211 family code is broader than many states' domestic violence laws. A person does not need to be married to or living with their abuser to qualify for a domestic violence restraining order — a dating partner, a person who shares a child with the abuser, or a close family member all qualify under Family Code section 6211.
What Counts as Domestic Violence in California
What counts as domestic violence California law addresses under Family Code sections 6203 and 6320 is broader than physical violence. Domestic violence includes: intentionally or recklessly causing bodily injury; sexual assault; making someone reasonably afraid of imminent serious bodily injury to themselves or another; disturbing the peace of the other party (including harassing, stalking, threatening, or striking); destroying personal property; and coercive control — a pattern of behavior that seeks to take away liberty or freedom and establish power and control. The 2021 addition of coercive control to the domestic violence definition California law recognizes means that non-physical abuse — financial control, isolation, psychological manipulation — can now be the basis for a DVRO.
Penal Code 273.6 — Criminal Enforcement of Protective Orders
273.6 PC — California Penal Code section 273.6 — makes it a misdemeanor for any person to intentionally and knowingly violate certain court orders, including domestic violence restraining orders, civil harassment restraining orders, and other protective orders issued under the Family Code or Code of Civil Procedure. A first violation of 273.6 PC is typically a misdemeanor punishable by up to one year in jail. A second or subsequent violation involving violence or a credible threat of violence can be charged as a felony under Penal Code 273.6a pc.
Furubotten Law, APC handles domestic violence restraining order proceedings under Family Code 6211 throughout Orange County and Riverside County. Call (714) 795-3862 for a complimentary case evaluation.