Domestic violence (also referred to as intimate partner violence) is a pattern of behaviors used by one partner to maintain power and control over another partner in an intimate relationship. 

Domestic violence is not limited to punching and kicking. Domestic violence can include psychological and emotional abuse as well. Often, abusers will use multiple forms of abuse to maintain control. 

Examples of domestic violence include the following:

• Physically hurting or trying to hurt someone, intentionally or recklessly Sexual assault 
• Making someone reasonably afraid that they or someone else are about to be seriously hurt (like threats or promises to harm someone) 
• Harassment 
• Stalking 
• Threatening 
• Disturbing someone’s peace (conduct the destroys mental and emotional well-being including forms of “coercive control”) 
• Destroying someone’s personal property 

When a person is threatened with physical or severe emotional harm by a spouse, domestic partner, cohabitant, current or former boyfriend or girlfriend, or close relative, the person can apply to the court, including on an emergency basis, for issuance of restraining orders to prevent harm.

In the context of the domestic violence action, a party can also obtain orders determining parentage, for child support, spousal support, child custody orders, control and return of property, and for attorney fees.

Once a restraining order is issued there are mandatory orders for relinquishment of firearms.

Over the past several years, California has expanded both the definition of abuse, and the ways in which victims of abuse can be protected. The law recognizes that victims need protection from gun violence, need confidentiality to protect their whereabouts, and need remedies for stalking and online posting of intimate and or intimidating images and language. The law also recognizes that perpetrators of abuse sometimes use the court system itself to continue to cause victims harm.

California law acknowledges that children can be both victims of abuse themselves, and be harmed by even witnessing abuse against a parent or other caretaker. The California child custody laws create a presumption that a perpetrator of abuse should not have sole or joint custody of children [Family Code 3044]. Unfortunately, sometimes this statute, in particular, is a reason for one spouse or partner to seek a protective order to gain an advantage in a child custody dispute. In these situations, the alleged perpetrator of domestic violence needs an aggressive defense to dispel claims of abuse made against them.

Individuals who do not qualify for domestic violence restraining orders may obtain civil harassment restraining orders, to prevent physical violence, serious threats of violence or patterns of harassment that cause severe emotional harm. These orders are more difficult to obtain than those between parties who are relatives or have been in an intimate relationship. An example of a civil harassment matter is a dispute between neighbors.