Defining Domestic Violence

San Diego divorce lawyers, Michele Lowenstein and Elizabeth Brown, address what is considered domestic violence and abuse in the eyes of the California court.

This discussion on abuse begins by revealing that, contrary to popular belief, domestic violence does not only occur between married partners and it is not limited to physical violence. Domestic abuse takes many forms besides physical violence and can manifest as emotional and verbal violence, with instances such as name-calling, constant belittling and beratement, cyberstalking, phone harrassment, physical stalking, etc.

The court can grant emergency relief and protection by issuing orders (such as restraining orders) against an offending individual. A person may, under penalty of perjury, submit declarations that outline the abuse suffered within the last thirty days and the court may respond by immediately issuing emergency orders. However, it is necessary in cases dealing with domestic violence to understand the limitations of restraining orders; a court order is a piece of paper with legal weight and legal consequences, but it does not guarantee that a violent or abusive spouse or partner will choose to obey it.

Confirmed allegations of domestic abuse weigh very heavily when the court is determining child custody, and a pattern of domestic violence may also greatly affect spousal support payments.

For resources and aid available to individuals suffering domestic abuse in California, please see our Dowloads & Links section.