Abuse is a term that comes up frequently in family law cases, but it is often misunderstood. Many people assume abuse only refers to physical violence. California law takes a very different approach. In divorce, child custody, and domestic violence cases, courts recognize that abuse can take many forms. This can include physical, emotional, psychological, sexual, and even digital.
Understanding how California defines abuse is critical, particularly when family relationships, parental rights, and personal safety are at stake.
Domestic Violence Prevention Act
California’s Domestic Violence Prevention Act (DVPA) provides a comprehensive statutory framework for identifying and addressing abusive conduct within family and intimate relationships. The Act is intentionally broad, reflecting the Legislature’s recognition that domestic abuse takes many forms and is not limited to physical violence.
Abuse under California family law is governed by the Domestic Violence Prevention Act (DVPA), Family Code section 6203. It clearly states:
For purposes of this act, “abuse” means any of the following:
(1) To intentionally or recklessly cause or attempt to cause bodily injury.
(2) Sexual assault.
(3) To place a person in reasonable apprehension of imminent serious bodily injury to that person or to another.
Physical abuse.
(4) To engage in any behavior that has been or could be enjoined pursuant to Section 6320.
Importance of Section 6320
The fourth point is particularly important because California Family Law Section 6320 expands upon the definition of abuse to include:
“molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, credibly impersonating as described in Section 528.5 of the Penal Code, falsely personating as described in Section 529 of the Penal Code, harassing, telephoning, including, but not limited to, making annoying telephone calls as described in Section 653m of the Penal Code, destroying personal property, contacting, either directly or indirectly, by mail or otherwise, coming within a specified distance of, or disturbing the peace of the other party, and, in the discretion of the court, on a showing of good cause, of other named family or household members.”
Abuse Involving Animals
California Family code 6320 also recognizes abuse involving animals. Transferring, encumbering, concealing, molesting, attacking, striking, threatening, harming, or otherwise disposing of a pet owned or kept by either party or a minor child in the household may legally constitute abuse.
Read together, Family Code sections 6203 and 6320 make clear that the DVPA defines abuse expansively, encompassing not only acts of physical harm or threats of violence, but also a wide range of conduct that interferes with a person’s safety, autonomy, or emotional well-being. By expressly including behavior such as harassment, intimidation, unwanted contact, and disturbing the peace of the other party, the statute ensures that courts may address abusive conduct in its full context and provide meaningful protection consistent with the purpose of the Act.
Non-Physical Abuse
Both the DVPA and Section 6320 make it clear that abuse is not limited to physical violence. While Section 6203(b) states “Abuse is not limited to the actual infliction of physical injury or assault” while Section 6320 reiterates this principle by including “disturbing the peace of the other party” as a qualifying act of abuse.
Disturbing the Peace of the Other Party
“Disturbing the peace of the other party” refers to conduct that, based on the totality of the circumstances, destroys the mental or emotional calm of the other party. This conduct may be committed directly or indirectly, including through the use of a third party, and by any method or through any means including, but not limited to, telephone, online accounts, text messages, internet-connected devices, including connected devices as defined in Section 22948.30 of the Business and Professions Code, or other electronic technologies. This conduct includes, but is not limited to, coercive control.
Coercive Control
Family Code §§ 6320 defines Coercive control as a pattern of behavior that in purpose or effect unreasonably interferes with a person’s free will and personal liberty. Examples of coercive control include, but are not limited to, unreasonably engaging in any of the following:
(1) Isolating the other party from friends, relatives, or other sources of support.
(2) Depriving the other party of basic necessities.
(3) Controlling, regulating, or monitoring the other party’s movements, communications, daily behavior, finances, economic resources, or access to services.
(4) Compelling the other party by force, threat of force, or intimidation, including threats based on actual or suspected immigration status, to engage in conduct from which the other party has a right to abstain or to abstain from conduct in which the other party has a right to engage.
(5) Engaging in reproductive coercion, which consists of control over the reproductive autonomy of another through force, threat of force, or intimidation, and may include, but is not limited to, unreasonably pressuring the other party to become pregnant, deliberately interfering with contraception use or access to reproductive health information, or using coercive tactics to control, or attempt to control, pregnancy outcomes.
By extending the definition of abuse beyond physical violence these standards allow courts to address modern, subtle, and ongoing forms of abuse by focusing on their real-world impact rather than the method used, ensuring protection against conduct that systematically erodes a person’s sense of safety and autonomy.
Violating a Temporary Restraining Order (TRO)
An addition act that you may not realize can be considered abuse is violating a Temporary Restraining Order (TRO). When a Temporary Restraining Order has been lawfully issued under the Domestic Violence Prevention Act, compliance with its terms is mandatory. A violations of a TRO is treated seriously under California Law and can itself constitute an act of abuse, even without additional physical harm.
This principle was expressly affirmed by the California Court of Appeal in N.T. v. H.T. (2019) 34 Cal.App.5th 595. The court addressed the trial court’s error in minimizing the legal significance of TRO violations and agreed with the appellant’s position that the violation itself carries substantive legal weight. Specifically, the court agreed with the appellant’s argument that:
“the trial court erred in ruling that a violation of the TRO was not itself an act of abuse”
This holding makes clear that courts consider violations as potential acts of abuse in their own right
When to Get Help
If you or someone else is in immediate danger, call 911 right away.
If you need confidential support, the National Domestic Violence Hotline (U.S.) is available 24/7 at 1-800-799-7233 (SAFE) . They also offer online chat services. If you are outside the United States, local emergency numbers or regional domestic violence organizations can provide assistance.
Taken as a whole, California’s Domestic Violence Prevention Act reflects a deliberate and expansive approach to identifying abuse, focusing on the impact of conduct rather than its form. By recognizing physical harm, threats, coercive control, disturbances of the peace, and violations of court orders as abuse, the law ensures that courts can respond effectively to patterns of behavior that endanger safety, autonomy, and emotional well-being. This framework prevents abusive conduct from being minimized or fragmented and reinforces the DVPA’s central purpose: early intervention, meaningful protection, and the prevention of further harm.
Contact Us Today
If up need a domestic violence attorney in Orange County or Los Angeles, contact us today. We are here to help you navigate this challenging time with the utmost care and professionalism.