Domestic Violence

Relationships

Family Code section 6211

“Domestic violence” is abuse perpetrated against any of the following persons:

(a) A spouse or former spouse.

(b) A cohabitant or former cohabitant, as defined in Section 6209.

(c) A person with whom the respondent is having or has had a dating or engagement relationship.

(d) A person with whom the respondent has had a child, where the presumption applies that the male parent is the father of the child of the female parent under the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12).

(e) A child of a party or a child who is the subject of an action under the Uniform Parentage Act, where the presumption applies that the male parent is the father of the child to be protected.

(f) Any other person related by consanguinity or affinity within the second degree.

Penal Code 13700: “cohabitant” means two unrelated adult persons living together for a substantial period of time, resulting in some permanency of relationship. Factors that may determine whether persons are cohabiting include, but are not limited to, (1) sexual relations between the parties while sharing the same living quarters, (2) sharing of income or expenses, (3) joint use or ownership of property, (4) whether the parties hold themselves out as spouses, (5) the continuity of the relationship, and (6) the length of the relationship.

Father was not a person “related by consanguinity or affinity” within the second degree to his child's stepfather, and thus was not entitled to seek a Domestic Violence Protection Act (DVPA) injunction against stepfather, even though stepfather was married to the child's mother. Riehl v. Hauck (App. 2 Dist. 2014) 168 Cal.Rptr.3d 795, 224 Cal.App.4th 695.

Traumatic condition

People v. Beasley (2003) 105 Cal.App.4th 1078

United States v. Hall (9th Cir. 2005) 419 F.3d 980

Prior domestic violence

People v. Kiger (Mar. 30, 2022, E075551)

Attempted domestic violence

People v. Kiger (Mar. 30, 2022, E075551)