This division may be cited as the Domestic Violence Prevention Act.
Part 1SHORT TITLE AND DEFINITIONS
Section § 6200
This section is basically saying that the laws covered here are part of a group of regulations aimed at preventing domestic violence, and you can refer to it as the Domestic Violence Prevention Act.
Domestic Violence Prevention Act title 6200 citations regulations domestic abuse law reference California statute abuse prevention DVPA
Section § 6201
This law says that, unless a specific provision says otherwise, the definitions in this part of the code are used to understand the rest of the code.
Unless the provision or context otherwise requires, the definitions in this part govern the construction of this code.
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Section § 6203
This law section defines what counts as 'abuse' under this act. It includes intentionally causing or trying to cause physical harm, sexual assault, making someone fear serious harm is about to happen to them or someone else, and certain behaviors restricted by other laws. Abuse isn't just about physical harm; it also covers other harmful actions.
(a)CA Family Law Code § 6203(a) For purposes of this act, “abuse” means any of the following:
(1)CA Family Law Code § 6203(a)(1) To intentionally or recklessly cause or attempt to cause bodily injury.
(2)CA Family Law Code § 6203(a)(2) Sexual assault.
(3)CA Family Law Code § 6203(a)(3) To place a person in reasonable apprehension of imminent serious bodily injury to that person or to another.
(4)CA Family Law Code § 6203(a)(4) To engage in any behavior that has been or could be enjoined pursuant to Section 6320.
(b)CA Family Law Code § 6203(b) Abuse is not limited to the actual infliction of physical injury or
assault.
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Section § 6205
Affinity in marriage refers to the relationship formed between a married person and their spouse's blood relatives.
“Affinity,” when applied to the marriage relation, signifies the connection existing in consequence of marriage between each of the married persons and the blood relatives of the other.
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Section § 6209
This law defines a 'cohabitant' as someone who currently lives in the same home regularly. A 'former cohabitant' is someone who used to live in the home regularly but no longer does.
“Cohabitant” means a person who regularly resides in the household. “Former cohabitant” means a person who formerly regularly resided in the household.
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Section § 6210
This law defines a "dating relationship" as one where people regularly meet and have a close bond, mainly expecting affection or sexual intimacy, without money being a factor.
“Dating relationship” means frequent, intimate associations primarily characterized by the expectation of affection or sexual involvement independent of financial considerations.
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Section § 6211
This law defines 'domestic violence' as abuse directed towards a spouse or ex-spouse, someone you're living with or have lived with, someone you're dating or have dated, a person you've had a child with, a child involved in a parentage case, or any close family member.
“Domestic violence” is abuse perpetrated against any of the following persons:
(a)CA Family Law Code § 6211(a) A spouse or former spouse.
(b)CA Family Law Code § 6211(b) A cohabitant or former cohabitant, as defined in Section 6209.
(c)CA Family Law Code § 6211(c) A person with whom the respondent is having or has had a dating or engagement relationship.
(d)CA Family Law Code § 6211(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)CA Family Law Code § 6211(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)CA Family Law Code § 6211(f) Any other person related by consanguinity or affinity within the second degree.
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Section § 6215
This section defines what an 'emergency protective order' is, referring to specific orders given out under the rules explained starting in Section 6240.
“Emergency protective order” means an order issued under Part 3 (commencing with Section 6240).
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Section § 6216
This law specifies that for this division, the term "firearm" also includes important parts of the weapon such as the frame or receiver, whether finished or not, and any part that can be used to create a firearm. A "firearm precursor part" is defined as detailed in another section of the Penal Code.
For the purposes of this division, “firearm” includes the frame or receiver of the weapon, including a completed frame or receiver or a firearm precursor part. “Firearm precursor part” has the same meaning as in subdivision (a) of Section 16531 of the Penal Code.
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Section § 6218
This law defines a 'protective order' as a type of restraining order that can stop certain actions, remove someone from a home, or prevent other specific behaviors. This order can be issued temporarily without a hearing, after a hearing, or as part of a final judgement.
“Protective order” means an order that includes any of the following restraining orders, whether issued ex parte, after notice and hearing, or in a judgment:
(a)CA Family Law Code § 6218(a) An order described in Section 6320 enjoining specific acts of abuse.
(b)CA Family Law Code § 6218(b) An order described in Section 6321 excluding a person from a dwelling.
(c)CA Family Law Code § 6218(c) An order described in Section 6322 enjoining other specified behavior.
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Section § 6219
This law allows superior courts in San Diego and Santa Clara counties to start a project to find effective ways to handle court cases about domestic violence if they have enough funding. Other counties can join if they're interested. The courts involved must share their findings with the Judicial Council and the Legislature by May 1, 2004. The Judicial Council can share these findings with other courts or counties.
Subject to adequate, discretionary funding from a city or a county, the superior courts in San Diego County and in Santa Clara County may develop a demonstration project to identify the best practices in civil, juvenile, and criminal court cases involving domestic violence. The superior courts in any other county that is able and willing may also participate in the demonstration project. The superior courts participating in this demonstration project shall report their findings and recommendations to the Judicial Council and the Legislature on or before May 1, 2004. The Judicial Council may make those recommendations available to any court or county.
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