California Domestic Violence - Who Can Be A Victim
Dec. 30, 2011
Domestic Violence is defined in the California Family Code, it defines what abuse is, who can be a victim, what the court can do to prevent ongoing abuse and how the court can prevent child abuse.
California Divorce Attorneys look to the Family Code to provide the rules on Domestic Violence, sometimes called Domestic Abuse, Spousal Abuse, Partner Abuse, Domestic Battery or Spousal Battery – they are all the same thing though in the Family Code for a Divorce Lawyer.
The California Family code defines a Domestic Violence Victim at section 6211 this way:
“Domestic violence” is abuse perpetrated against any of the following persons: (a) A spouse or former spouse. (b) A 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 personwith 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 actionunder 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.
With all the different definitions and people that can be victims of Domestic Violence or Domestic Abuse, if you have been served with a Domestic Violence Restraining Order in Los Angeles County, Ventura County, Orange County or throughout the state of California, you need to hire an experienced divorce attorney to protect your rights. Experienced divorce lawyers know the law, and the defenses to a Domestic Violence Restraining Order, and can help you though what is sure to be a difficult and trying time.