US-California

What acts qualify as domestic violence under the DVPA?

Pen. Code § 243
Key definition
Family Code § 6
DVPA scope
Up to 1 year
Misdemeanor jail
3–5 years
Felony prison
The Short Answer

Under California’s Domestic Violence Prevention Act (DVPA), domestic violence includes abuse—such as intentionally or recklessly causing bodily injury, sexual assault, stalking, threats, harassment, or destruction of property—committed against a current or former intimate partner, cohabitant, parent of a shared child, or other specified family members.

What the Law Says

California defines domestic violence broadly under both the Penal Code and the Domestic Violence Prevention Act (DVPA). The DVPA establishes civil remedies (like restraining orders), while Penal Code provisions define criminal conduct. Abuse under the DVPA includes physical, emotional, and coercive acts committed against protected individuals.

The DVPA defines 'abuse' in Family Code § 6211 as: 'any of the following acts perpetrated against a person who is 18 years of age or older or who is emancipated and who is a spouse, former spouse, cohabitant, former cohabitant, person with whom the suspect has had a child, or person with whom the suspect has or has had a dating or engagement relationship: (a) Intentionally or recklessly causing or attempting to cause bodily injury; (b) Sexual assault; (c) Placing a person in reasonable fear of imminent serious bodily injury to themselves or to someone else; (d) Engaging in behavior that has been or could be enjoined pursuant to Section 6320.'

Section 6320 allows courts to enjoin acts such as molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, harassing, destroying personal property, or disturbing the peace of the other party.

Penal Code § 243(e)(1) makes it a misdemeanor to willfully inflict corporal injury resulting in a traumatic condition upon a current or former intimate partner — punishable by up to one year in county jail and/or a $2,000 fine. Felony charges apply if injury is serious or if there are prior convictions.

Statutory Text

Abuse means any of the following acts ... (a) Intentionally or recklessly causing or attempting to cause bodily injury; (b) Sexual assault; (c) Placing a person in reasonable fear of imminent serious bodily injury ...

Fam. Code § 6211 — Definition of abuse
Statutory Text

The court may issue an ex parte order enjoining a party from molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, harassing, destroying personal property, or disturbing the peace of the other party.

Fam. Code § 6320 — Acts subject to restraining order

What to Do

1

If you’re experiencing abuse, call 911 or go to a local police station to file a report.

2

Seek a temporary restraining order (TRO) by filing Form DV-100 with your county Superior Court — no fee required.

3

Attend the court hearing within 21 days to request a longer-term order (up to 5 years, renewable).

4

Contact a domestic violence advocate (e.g., through the National Domestic Violence Hotline or local CA program) for safety planning and support.

5

Preserve evidence: photos of injuries, text/email threats, witness names, medical records, and police reports.

Sources

Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.