Domestic violence is common between spouses and unmarried partners, but not every claim of domestic violence is genuine.
Domestic Violence may result in criminal charges when police become involved. A party can also apply for a Domestic Violence Restraining Order based upon allegations of domestic violence against a domestic partner or spouse. As part of this application a party can request orders for custody, support, and property control as well as orders of restraint and other orders. A Domestic Violence Restraining Order can have an important impact in a divorce or custody dispute. The testimony and cross examination of the applicant and presentation of evidence at the Restraining Order hearing can be critical in determining whether a Restraining Order is granted.
California domestic violence laws define abuse to include:
- Physically hurting or trying to hurt someone, intentionally or recklessly;
- Sexual assault;
- Making someone reasonably afraid that they or someone else are about to be seriously hurt (like threats or promises to harm someone); OR
- Behavior like harassing, stalking, threatening, or hitting someone; disturbing someone’s peace; or destroying someone’s personal property.
The physical abuse is not just hitting. Abuse can be kicking, shoving, pushing, pulling hair, throwing things, scaring or following, or keeping a person from freely coming and going. Abuse can include physical abuse of the family pets.