Domestic Violence and Family Law Attorneys 

Domestic Violence Prevention Act 

A remedy often requested in family court is a protective order under the Domestic Violence Prevention Act (“DVPA”). DVPA defines domestic violence while clarifying those who may be held responsible for acts of domestic violence under the DVPA. Thus, the foundational law governing domestic violence in family court is DVPA. 

Protective Order 

Protective order is an order the court makes to protect the party from abuse within the context of the DVPA. Thus, the term abuse is important in domestic violence cases in California family courts.

Abuse within the meaning of domestic violence 

Family Code § 6203 defines abuse as:

• intentionally or recklessly 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.
• To engage in any behavior that has been or could be enjoined pursuant to Section 6320
• Abuse is not limited to the actual infliction of physical injury or assault.

Family Code § 6320  

Family Code § 6203 states that the abuse includes activities stated in § 6320. These activities include:

1. Molesting
2. Attacking
3. Striking
4. Stalking
5. Threatening
6. Sexually assaulting
7. Battering
8. Credibly impersonating
9. Falsely impersonating
10. Harassing
11. Making annoying telephone calls
12. Destroying personal property and more.

Types of Protective Orders Family Court Can Grant

When you request the family court to grant you a protective order, it means that you are asking the court to protect you from allegation of abuse by your spouse or partner. You can ask the court to issue the orders listed below.

• Personal Conduct Orders
• Stay-away orders
• Move-out orders
• Record unlawful communication orders
• Possession or Animals and Stay-away orders
• Child Custody and Visitation
• Child Support Orders
• Property Control Orders
• Debt Payment Orders
• Property Restraint Orders
• Spousal Support Orders
• Lawyer’s Fees and Cost Orders
• Batterer Intervention Program
• Other Orders

Who can ask for a protective order in family court

To seek a protective order under the DVPA there must be a showing that a relationship between the alleged abuser and the victim. The following types of relationships are protected under the DVPA

• A spouse or a former spouse
• A cohabitant or a former cohabitant
• A person who you have a dating relationship with
• A person who you have you have a child with.
• A child subject of an action under Uniform Parentage Act.
• Any other person related by consanguinity or affinity within the second degree