Understanding California’s Domestic Violence Prevention Act (DVPA)

If you’re a victim of domestic violence, it’s important to obtain the relief you need to be free from harm. Notably, there are crucial legal remedies that may be available to you under California’s Domestic Violence Prevention Act (DVPA). The Act provides strong protections to victims of physical violence, sexual violence, threats, and stalking. Recognizing the signs of abuse and understanding the framework of the DVPA are essential first steps toward securing your well-being and safety.

Key Takeaways

• California’s Domestic Violence Prevention Act (DVPA) provides crucial protections for victims of domestic violence.
• The Act defines abuse broadly and protects victims from physical violence, harassment, and coercive control.
• A victim of domestic violence may be entitled to obtain a protective order to help ensure the abuser stays away from them.

What is California’s Domestic Violence Prevention Act?

California’s Domestic Violence Prevention Act (DVPA) is a law that was passed in 1993. With the purpose of providing immediate legal protection for victims of domestic violence through restraining orders, the law has evolved over the last three decades to recognize many different behaviors that constitute abuse. The DVPA’s definition of abuse includes:

• Acts of direct violence: The DVPA offers protection for acts of direct physical violence, including molesting, attacking, striking, sexually assaulting, battering, and destroying personal property.
• Harassment: Protection is also afforded to victims of harassment. These actions can include stalking, telephoning, contacting by mail or otherwise, and coming within a specified distance of the victim.
• Coercive control: Enacted in 2020, Senate Bill 1141 expanded the DVPA’s definition to include coercive control as a form of domestic violence. The law defines this as “a pattern of behavior that unreasonably interferes with a person’s free will and personal liberty.” It can include isolating the victim from friends, family, and other support sources; depriving the victim of basic necessities; and controlling, regulating, or monitoring the victim’s movements, communications, finances, and behavior.
• Disturbing the peace: The expanded definition of abuse under Senate Bill 1141 also protects victims from conduct that would destroy their mental or emotional calm. This conduct may be committed directly or indirectly, including through a third party.

Additionally, the Act includes in its definition of abuse the threat of force, intimidation, and actions that would place a victim in reasonable apprehension of imminent serious bodily injury.

Who is Covered Under the Act?

The Domestic Violence Prevention Act offers protection from domestic violence to individuals who are in qualifying relationships. These can include marriage or dating relationships and certain family members. Specifically, the following individuals are afforded protection under the DVPA:

• A spouse or former spouse
• Individuals in present or past dating relationships
• A present or former cohabitant
• A person with whom the victim shares a child
• The child of the victim
• Family members within the second degree
• In-laws

A person who qualifies for protection may also request protection for other members of the household and pets.

How Does the Domestic Violence Prevention Act Protect Victims?

A variety of remedies are available under the Domestic Violence Prevention Act, including temporary restraining orders, permanent orders, and “move-out” orders. If you’re in need of immediate protection, law enforcement can ask a judge to issue an emergency order, which typically lasts up to seven days. The temporary request for a restraining order can be made at the same time that the emergency protective order is active. However, the petitioner needs to proactively make that request. The court doesn't do it on its own. The judge will determine whether the restraining order should be made permanent after hearing the testimony of the parties and considering the evidence in the case.

The protections that can be included in domestic violence restraining orders include no contact and stay away orders which can prevent the abuser from contacting you or coming near your home, work, or school. In certain cases, these orders may also provide for child custody and support. In addition, the DVPA allows for orders that require the abuser to move out of the home and surrender their firearms.

Noncompliance with a restraining order can result in both criminal and civil penalties. If the abuser violates the order, it’s important to contact the police immediately. They may arrest the abuser for the violation. You can also file a motion for contempt with the court to hold the abuser accountable. Penalties for contempt can include jail time and monetary fines. If the abuser continues to violate the order, you may need to make a request to modify the restraining order to contain additional protections.

Contact an Experienced California Domestic Violence Attorney

If you’re a victim of domestic violence, it’s vital to obtain the protection you need. At ADZ Law LLP, our attorneys are committed to empowering victims and assisting them with navigating the path to safety. Providing legal services and assistance in the San Francisco Bay Area, San Mateo County, and the surrounding region of California, we invite you to contact us to schedule a confidential consultation to learn how we can help.