Los Angeles Family Law Attorney | Domestic Violence and Abuse

Los Angeles Domestic Violence Attorney
Family Law and Spousal Abuse Lawyer

DOMESTIC VIOLENCE FAQ #1

1. What is abuse?

Fam C §6203 defines abuse as:

•        Intentionally or recklessly to cause or attempt to cause bodily injury;

•        Sexual assault;

•        To place a person in reasonable apprehension of imminent serious bodily
injury to that person or to another; or

•        To engage in any behavior that has been or could be enjoined under Fam C
§6320.

Fam C §§6320 empowers the court to enjoin the following personal misconduct
Molesting, attacking, striking, stalking, threatening, sexually assaulting, battering,
harassing, telephoning, including, but not limited to, annoying telephone calls as
described in Pen C §653(m), 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.

Abuse is thus very broadly defined. In an extreme case, Marriage of Nadkarni
(2009) 173 Cal. App. 4th 1483, the Court analyzed the meaning of “disturbing the
peace,” finding that emails that disturbed the regular calm of a person presented a
prima facie case for domestic violence.   In another, S.M. v. E.P. (2010) 184 Cal.
App. 4th 1249, the Court held that badgering, short of threats, was not domestic
violence

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