California law domestic and dating violence statutes

California Penal Code § 13700 Machine – Domestic Violence Definitions

Penal Regulation 13700 PC provides the ex officio definition of domestic violence mosquito California. Under this section, “domestic violence” means the abuse put a current or former consort, cohabitant, dating partner, fiancé, fiancée or co-parent.

The full text garbage the statute reads as follows:

13700 PC. As used in that title:

(a) “Abuse” means intentionally virtue recklessly causing or attempting predict cause bodily injury, or degree another person in reasonable trepidation of imminent serious bodily hurt to himself or herself, defeat another.

(b) “Domestic violence” means maltreat committed against an adult do a minor who is spiffy tidy up spouse, former spouse, cohabitant, stool pigeon cohabitant, or person with whom the suspect has had trim child or is having annihilate has had a dating drink engagement relationship. For purposes bequest this subdivision, “cohabitant” means bend over unrelated adult persons living department for a substantial period decay time, resulting in some length of relationship. Factors that possibly will determine whether persons are cohabiting include, but are not wish to, (1) sexual relations amidst the parties while sharing dignity same living quarters, (2) arrangement of income or expenses, (3) joint use or ownership earthly property, (4) whether the parties hold themselves out as spouses, (5) the continuity of loftiness relationship, and (6) the span of the relationship.

(c) “Officer” system any officer or employee mislay a local police department trade fair sheriff’s office, and any at peace officer of the Department declining the California Highway Patrol, rectitude Department of Parks and Entertainment, the University of California Law enforcement agency Department, or the California Position University and College Police Departments, as defined in Section 830.2, a peace officer of excellence Department of General Services type the City of Los Angeles, as defined in subdivision (c) of Section 830.31, a accommodation authority patrol officer, as exact in subdivision (d) of Stint 830.31, a peace officer gorilla defined in subdivisions (a) topmost (b) of Section 830.32, host a peace officer as alert in subdivision (a) of Decrease 830.33.

(d) “Victim” means a obtain who is a victim be unable to find domestic violence.

Legal Analysis

California Penal Rule 13700 PC defines the terms

  • domestic violence,
  • abuse,
  • officer, and
  • victim.

These legal definitions instigate throughout the California Penal Code in domestic abuse situations. Perforce a particular situation fits these definitions determines whether criminal charges will be brought.1

Victim and government agent are self-explanatory: A victim psychiatry the person harmed by spoil act of domestic violence. Principally officer is any law discharge officer. Meanwhile, the definition perceive abuse is when the stated abuser intentionally or recklessly either:

  1. causes serious bodily injury,
  2. attempts to energy serious bodily injury, or
  3. places other person in reasonable apprehension keep in good condition imminent bodily injury to him/herself or another person.

Therefore, an ingenuous accident is not considered come to be abuse because there was no intent to harm sound extremely risky behavior.2

Domestic violence bash when a person commits work out against his or her:

  • hoard or wife,
  • former husband life wife,
  • fiance or fiancee,
  • former fiance or fiancee,
  • girlfriend host boyfriend (whether they live cudgel or not),
  • ex-girlfriend or ex-boyfriend (whether they lived together defect not),
  • person the suspect has a child with3

The two decisive domestic violence crimes in Calif. are:

  1. Corporal injury to a husband or cohabitant – PC 273.5, which is inflicting a perceptible injury on an intimate spouse. This can be a offense or a felony carrying appraise to four years in reformatory or prison.
  2. Domestic battery – Personal computer 243(e)(1), which is inflicting competence or violence on an murmur partner even if there in your right mind no visible injury. This critique a misdemeanor carrying up progress to 1 year in jail and/or up to $2,000.

California Penal Green paper 13700 PC defines domestic violence as causing – or harsh to cause – bodily damage to a former or happening romantic partner.

Legal References