6200-6229: Definitions and General Provisions
Family codes 6200-6229 make up the first two parts of the Prevention of Domestic Violence Division of the California Family Codes. These opening sections of the law define key terms like cohabitant, dating relationship, protective order, and abuse itself, expanding the concept beyond physical violence to include emotional threats and patterns of control. These definitions matter because they determine who qualifies for protection and what forms that protection can take. Understanding the basic framework is essential for anyone navigating domestic violence proceedings, whether as a petitioner, advocate, or legal professional.
6200 – 6219: Short Title and Definitions
This section provides the statutory backbone for what constitutes domestic violence under California law. It defines essential terms such 200–6219: Definitions and Scope of Protection
These foundational provisions create the legal framework that defines domestic violence in California and determines who can seek protection under the law. Understanding these definitions is critical because they dictate when the courts can intervene and who qualifies for relief.
Section 6200 officially names this body of law the Domestic Violence Prevention Act, establishing the legislative intent to prevent abuse and offer protective relief.
Section 6203 defines “abuse” in broad terms. It includes:
- Intentional or reckless physical injury
- Sexual assault
- Threats of imminent serious bodily injury
- Any behavior that may be enjoined under Section 6320, which includes stalking, harassment, destruction of personal property, or contacting a protected person directly or indirectly.
Importantly, abuse is not limited to physical acts. Psychological intimidation, control tactics, and coercive behavior also fall within the statutory meaning. This broader definition acknowledges the reality of domestic violence as a pattern of power and control, not just isolated acts of physical aggression.
Section 6211 expands on who may seek protection. It includes:
- Current or former spouses
- Current or former cohabitants
- People in dating or engagement relationships
- Individuals who share a child, regardless of marital status
- Children of either party
- Relatives related by blood or marriage within the second degree
This inclusive definition ensures that domestic violence protections are not limited to married couples but cover a wide range of intimate, familial, and co-residential relationships.
Section 6209 defines “cohabitant” as someone who regularly lives in the same household, whether past or present, making it easier for non-married partners or roommates to qualify for protection.
Section 6210 clarifies a “dating relationship” as a frequent and intimate relationship primarily characterized by affection or sexual involvement, independent of financial considerations. This helps courts distinguish between casual acquaintances and partners at risk of abuse.
Section 6215 defines an “emergency protective order” as one issued under Part 3 of this division, typically by law enforcement when immediate protection is necessary.
Section 6216 updates the legal meaning of a “firearm” to include frames, receivers, and firearm precursor parts, ensuring protective orders encompass all relevant components under California’s evolving gun laws.
Section 6218 defines “protective order” as any court-issued order under this act, whether ex parte, post-hearing, or incorporated into a final judgment. This includes stay-away orders, residence exclusion orders, and orders enjoining specific abusive behavior.
Section 6219 allows select counties, such as San Diego and Santa Clara, to create pilot demonstration projects that explore best practices in handling domestic violence cases across civil, juvenile, and criminal courts. These efforts reflect California’s ongoing commitment to evaluating and improving systemic responses to abuse.
Together, these definitions and scope provisions serve as the legal architecture for California’s response to domestic violence. They set clear standards for what constitutes abuse and who is protected, while also allowing flexibility to adapt to new social realities and emerging forms of harm.
6220 – 6229: General Provisions
These provisions outline the scope, application, and administration of the Domestic Violence Prevention Act:
6220–6229: Implementation and Access to Protection
These provisions are the operational core of California’s Domestic Violence Prevention Act. They clarify legislative intent, remove barriers to access, and ensure protective orders are meaningful, enforceable, and available to those who need them most without unnecessary procedural hurdles.
Section 6220 sets the stage with a clear declaration of purpose: the law exists to prevent domestic violence, including physical abuse, sexual assault, and coercive control. It also emphasizes the goal of providing a legal mechanism for separating the parties long enough for victims to seek safety and resolution. This isn’t just about punishment. It’s about prevention, protection, and stability.
Section 6221 expands the application of the Act beyond stand-alone domestic violence filings. It makes protective orders available in related family law contexts, including:
- Actions under the Uniform Parentage Act
- Divorce, legal separation, or annulment proceedings
This is critical because domestic violence rarely occurs in isolation. It often intersects with child custody, divorce, or paternity disputes. Section 6221 ensures that courts can issue necessary protective orders as part of broader family law cases. It also clarifies that the Act does not override juvenile court jurisdiction, preserving the integrity of child welfare proceedings.
Section 6222 eliminates cost barriers by waiving all filing fees for victims who are seeking, modifying, or enforcing protective orders. This includes fees for:
- Applications and responsive pleadings
- Orders to show cause
- Subpoenas tied to domestic violence cases
Financial constraints should never stand between a victim and a life-saving court order. This provision ensures the process is free and accessible.
Section 6224 requires that every protective order clearly state on its face that it is immediately enforceable upon issuance. It also mandates enforcement by any law enforcement agency shown a copy of the order. Even if formal service hasn’t been completed, officers must inform the restrained person of the order and enforce it. This removes ambiguity and speeds up protection for those in danger.
Section 6228, known as the Access to Domestic Violence Reports Act of 1999, grants victims and their legal representatives free and timely access to vital law enforcement records, including:
- Incident report face sheets
- Full incident reports
- 911 recordings
- Photographs of injuries or property damage
This access is not just a procedural right. It’s a powerful tool for victims building their case for protection, custody, or criminal charges. Law enforcement must provide initial documentation within 48 hours, and full records within 5 to 10 business days unless there is good cause for delay. The law also outlines exactly who may act as a representative of the victim and sets strict identification and evidentiary requirements to safeguard privacy.
Section 6225 further protects survivors by allowing them to file petitions without revealing personal addresses. This includes not just their home address, but also the locations of their school, work, child care, or their child’s school. This shields them from retaliatory behavior and gives them the freedom to seek protection without fear of being tracked down.
Section 6226 directs the Judicial Council to create and standardize all forms related to protective orders. This ensures consistency across the state and promotes clarity for both the courts and litigants.
Section 6226.5 requires the Judicial Council to include information about California’s Address Confidentiality Program in its official domestic violence guidance forms. This program offers victims an alternative mailing address and keeps their actual location confidential as a another layer of protection for those fleeing abusive relationships.
Section 6227 affirms that the remedies under the Domestic Violence Prevention Act are in addition to any other civil or criminal remedies. Victims are not forced to choose one path or another. They can pursue restraining orders, criminal prosecution, or civil damages in tandem.
Section 6229 ensures even the youngest victims have access to protection. It authorizes minors under age 12, with the help of a guardian ad litem, to appear in court to request or oppose a protective order. This provision recognizes the unique vulnerability of children and gives them a voice in proceedings that directly affect their safety.
These sections ensure that California’s protective order process is not only legally sound but practically accessible. They streamline how orders are issued and enforced, broaden their availability across legal contexts, and remove barriers like cost, red tape, and safety risks that might otherwise prevent a survivor from coming forward.
Key Takeaways
- The Domestic Violence Prevention Act applies broadly to a range of intimate and familial relationships.
- Abuse under California law includes not only physical violence but also threats, stalking, and other coercive behaviors.
- Victims are entitled to cost-free access to protective orders and law enforcement documentation.
- Courts are mandated to act swiftly and enforce protective orders across jurisdictions.
- Standardized forms and procedures help ensure consistency and clarity in protective order filings.
Parts 1 and 2 of Division 10 form the legal and definitional framework for California’s domestic violence prevention efforts. They establish who can seek protection, what behaviors qualify as abuse, and how the system is designed to respond. These foundational provisions aim to remove barriers to safety, ensure immediate protection, and clarify the legal process for all involved parties. They lay the groundwork for the more detailed mechanisms and enforcement tools found in later parts of the Division.