(continued from previous column...)

Clearly threats of violence amount to domestic violence. Actual violence does too. Under FC 6320, constant telephone calls, emails, text messages or other forms of unwanted aggravation could also amount to domestic violence, depending on the level of abuse.

which relationships are governed?

Family Code Section 6211 describes which relationships are governed by the Code: "6211. "Domestic violence" is abuse perpetrated against any of the following persons: (a) A spouse or former spouse. (b) A cohabitant or former 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 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) 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) Any other person related by consanguinity or affinity within the second degree.

harassment and domestic violence

These terms of art amount to different concepts in the eyes of lawyers and the courts. "Abuse", as defined as conduct which has a remedy under the Domestic Violence Prevention Act. The burden of proof is a preponderance of the evidence. "Harassment", on the other hand, is conduct that occurs where no affinity or dating relationship is evident, and the basis for the application is Civil Code of Prodedure (CCP) 527.6, the "stalking law." The burden of proof in these cases is higher, and "clear and convincing" evidence is required to obtain an order.

animals are also protected (the world according to tristan...)

A person seeking a restraining order may also seek to protect any animal, typically a pet dog or cat.

The Code provides that "on a showing of good cause, the court may include in a protective order a grant to the petitioner of the exclusive care, possession, or control of any animal owned, possessed, leased, kept, or held by either the petitioner or the respondent or a minor child residing in the residence or household of either the petitioner or the respondent. The court may order the respondent to stay away from the animal and forbid the respondent from taking, transferring, encumbering, concealing, molesting, attacking, striking, threatening, harming, or otherwise disposing of the animal."

The reasons for this provison are clear. Domestic violence divides families and all too often animals are left unprotected, abandoned and without a home when violence occurs. This may because of displacement, an arrest, or because parties are being sheltered. I support and welcome this addition to the Code.

prevention of domestic violence