DOMESTIV VIOLENCE RESTRAINING ORDERS IN FAMILY LAW
The issuance of protective orders against domestic violence is governed by the Domestic Violence Prevention Act (the DVPA).
Definitions
[1] Abuse
[a] Generally “Abuse,” as used in the DVPA, means intentionally or recklessly causing or attempting to cause bodily injury, or sexual assault, or placing another person in reasonable apprehension of imminent serious bodily injury to himself, herself, or another. Fam. Code §§ 6203(a)(1)–(3).
“Abuse” additionally includes engaging in any behavior that has been or could be enjoined pursuant to Family Code Section 6320.2. See Fam. Code § 6203(a)(4).
The requisite abuse need not be actual infliction of physical injury or assault. Fam. Code § 6203(b)
Family Code Section 6320 authorizes injunctive relief against a wide array of abusive conduct, from physical attack, threats, and stalking, Marriage of Ankola (2020) 53 Cal. App. 5th 369.
to annoying telephone calls, vandalism, and similar actions,
“Reasonable apprehension of imminent serious bodily injury” requires something more than subjective fear. A petitioner’s apprehension of harm is reasonable if a person in the same position would be fearful. Jennifer K. v. Shane K. (2020) 47 Cal. App. 5th 558.