Domestic Violence & Family Law: Purpose and Definition

All family law matters are emotional and stressful for the participants but some escalate when domestic violence is present in the household. It is important to note there is a distinction between the emotional discourse that occurs during the breakdown of a family unit and abuse that requires protective orders.

The purpose of the domestic violence prevention act (“DVPA”) is to prevent acts of domestic violence, abuse and sexual abuse and to provide for a separation of the persons involved in the domestic violence for a period sufficient to enable these persons to seek resolution of the causes of the violence.

Domestic violence is abuse perpetrated against an intimate partner such as a spouse, former spouse, cohabitant, person engaged in a dating relationship, child or person related by consanguinity.

Abuse is defined as:

• Intentionally and recklessly causing or attempting to cause bodily injury or sexual assault
• Placing a person in reasonable apprehension of imminent serious bodily injury to that person or to another
• Engaging in behavior that has or could be enjoined under Family Code section 6320 [ex. stalking, harassing, disturbing the peace]

It is important to know that abuse is not limited to the actual infliction or physical injury or assault.

If you are in an abusive relationship and need assistance seeking a protective order we are available to help.