Quick Answer California has one of the broadest definitions of domestic violence in the United States. Under the Domestic Violence Prevention Act, California Family Code section 6203 defines domestic violence as any act of abuse against a person in a qualifying domestic relationship. California Family Code section 6320 lists the specific qualifying acts, which include physical abuse, sexual abuse, threats, stalking, harassment, destruction of property, and disturbing the peace of the other party. Since 2020, California Family Code section 6320(c) explicitly includes coercive control, defined as a pattern of behavior that unreasonably interferes with a person’s free will and personal liberty. This broad definition captures financial abuse, isolation tactics, surveillance, and psychological manipulation that fall short of physical violence but still cause significant harm.
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The Legal Definition of Domestic Violence
California uses two related statutes to define domestic violence. California Family Code section 6203 provides the general definition. California Family Code section 6320 lists the specific acts that constitute domestic violence. Together, they create a broad definition that captures both physical and non physical forms of abuse.
California Family Code section 6203(a) defines abuse to mean any of the following: intentionally or recklessly causing or attempting to cause bodily injury, sexual assault, placing a person in reasonable apprehension of imminent serious bodily injury, or engaging in any behavior that has been or could be enjoined under California Family Code section 6320.
The reference to section 6320 is important because that statute lists a long catalog of specific behaviors that can be the basis for a restraining order. The catalog has expanded over time to capture forms of abuse that earlier definitions missed.
Physical Abuse
Physical abuse is the most obvious form of domestic violence. California Family Code section 6203 includes intentionally or recklessly causing or attempting to cause bodily injury. The behavior does not need to actually cause injury; an attempt is enough.
Examples of Physical Abuse
- Hitting, slapping, punching, or kicking
- Pushing, shoving, or grabbing in a forceful manner
- Choking or strangulation
- Pulling hair
- Burning
- Throwing objects at the person
- Using a weapon to threaten or injure
- Restraining or preventing free movement
- Spitting
- Driving recklessly with the person in the car as a form of intimidation
Severity Does Not Determine Whether It Counts
Even minor physical contact intended to cause harm or fear constitutes physical abuse. A push that does not cause injury still counts. The legal test is the intent and the act, not the resulting injury. A first incident with no visible injury can be the basis for a restraining order.
Sexual Abuse
California Family Code section 6203(a)(2) includes sexual assault as a form of abuse. Sexual abuse encompasses any non consensual sexual conduct. California Penal Code section 261 defines rape, and California Penal Code section 262 defines spousal rape. Both are sexual abuse for purposes of the Domestic Violence Prevention Act.
Examples of Sexual Abuse
- Forced sexual contact
- Sexual contact during incapacitation (intoxication, sleep)
- Coercing sexual activity through threats or pressure
- Sex acts requested while another party is unable to refuse
- Reproductive coercion (interfering with birth control, forcing pregnancy or abortion)
- Engaging in unwanted sexual contact
- Recording sexual content without consent
- Distributing intimate images without consent
Threats and Intimidation
California Family Code section 6320 lists threatening as a qualifying act. The threat must place the victim in reasonable apprehension of imminent serious bodily injury or otherwise cause emotional distress. California Penal Code section 422 covers criminal threats, which can also trigger domestic violence findings.
Examples of Threatening Behavior
- Verbal threats of physical harm
- Threats with weapons present
- Threats made by text, email, or social media
- Threats to harm family members, children, or pets
- Threats of self harm to manipulate the partner
- Implicit threats through aggressive posturing or body language
- Display of weapons in a threatening manner
- Threats to expose private information
Conditional Threats
A threat conditioned on future behavior (“if you do that again, I will…”) still counts as a threat under California law. The conditional nature does not eliminate the threatening effect. The victim still experiences the apprehension that the threat is intended to create.
Stalking
California Penal Code section 646.9 defines criminal stalking. California Family Code section 6320 includes stalking as a qualifying act for domestic violence purposes. Stalking involves a pattern of behavior intended to cause fear or alarm in another person.
Elements of Stalking
Stalking requires:
- A pattern of conduct (not just one incident)
- Following or harassing the victim
- Intent to place the victim in reasonable fear for their safety
Examples of Stalking Behavior
- Following the victim in person or by vehicle
- Showing up unannounced at home, work, or other locations
- Repeated phone calls, texts, or messages
- Surveillance through GPS trackers, hidden cameras, or computer monitoring
- Online tracking through social media or location services
- Sending unwanted gifts or letters
- Contacting friends, family, or coworkers to gather information
- Driving past the victim’s home or workplace repeatedly
Harassment
California Family Code section 6320 includes harassment as a qualifying act. Harassment is a pattern of behavior that annoys, alarms, or distresses the victim with no legitimate purpose.
Examples of Harassment
- Repeated unwanted contact (calls, texts, emails, messages)
- Showing up at locations the victim frequents
- Spreading rumors or false information about the victim
- Filing false reports with police, child protective services, or other agencies
- Posting harmful content about the victim online
- Cyber harassment through social media
- Contacting the victim through third parties after being told to stop
Destruction of Property
California Family Code section 6320 includes destroying personal property as a qualifying act. The destruction does not have to involve high value items. The legal focus is the intent to intimidate or harm rather than the value destroyed.
Examples of Property Destruction
- Breaking furniture or household items
- Damaging the victim’s car or other vehicles
- Destroying important documents
- Cutting clothing or burning belongings
- Damaging gifts received from family members or friends
- Killing or harming pets (covered specifically by California Family Code section 6320(b))
- Smashing phones, computers, or other devices
- Damaging the victim’s home
Disturbing the Peace and Coercive Control
California Family Code section 6320(c) explicitly includes coercive control as disturbing the peace of the other party. This 2020 expansion captures patterns of behavior that are non physical but still constitute domestic violence. To understand how this affects custody decisions, see our guide on Family Code 3044.
Definition of Coercive Control
Coercive control means a pattern of behavior that unreasonably interferes with a person’s free will and personal liberty. Examples include:
- Isolating the victim from friends, family, or other sources of support
- Depriving the victim of basic necessities
- Controlling, regulating, or monitoring the victim’s movements, communications, finances, or daily activities
- Compelling the victim to take or refrain from action through threats or force
- Engaging in reproductive coercion
Why Coercive Control Was Added
The 2020 amendment recognized that domestic violence often involves systematic control and manipulation that may not include any single act of physical violence. The pattern of behavior over time can be as damaging as physical abuse. The amendment ensures that victims of coercive control can obtain restraining orders even without proof of physical violence.
Financial Abuse
Financial abuse is a form of coercive control specifically addressed by California Family Code section 6320(c). Financial abuse involves using money and resources to control another person.
Examples of Financial Abuse
- Controlling all access to money and accounts
- Preventing the partner from working or sabotaging their employment
- Requiring detailed accounting of spending
- Withholding money for basic needs
- Putting all assets in one partner’s name only
- Running up debts in the partner’s name without consent
- Refusing to contribute to shared household expenses
- Sabotaging the partner’s credit
- Identity theft and unauthorized use of credit cards
Digital and Online Abuse
Digital abuse uses technology to harass, control, or harm another person. California has expanded its statutes to capture these modern forms of abuse.
Examples of Digital Abuse
- Monitoring text messages, emails, or browser history
- Demanding passwords to social media accounts
- Posting humiliating content on social media
- Distributing intimate images without consent (criminalized under California Penal Code section 647(j)(4))
- Using GPS tracking software without consent
- Hacking into the partner’s accounts
- Creating fake accounts to harass the partner
- Bombarding with unwanted messages
- Using smart home devices to monitor or control the partner
- Cyberstalking through location services
Who Can Be a Victim Under California Law
California Family Code section 6211 defines who qualifies for Domestic Violence Restraining Order protection based on their relationship with the alleged abuser. To qualify, you must have one of these specific relationships:
- Current or former spouse or registered domestic partner
- Current or former cohabitant in a romantic relationship
- Current or former dating partner
- Parent of your child (regardless of marital status)
- Close relative (parent, child, sibling, grandparent, grandchild, or relative within the second degree)
If you do not have one of these qualifying relationships, the abuse may still be illegal under criminal law or general civil law, but you would file for a Civil Harassment Restraining Order rather than a DVRO.
When Conduct Crosses the Line
Not every conflict in a relationship constitutes domestic violence. Distinguishing normal conflict from abuse requires examining several factors:
Indicators That Behavior Is Domestic Violence
- Pattern of repeated incidents, not isolated events
- Intent to control or harm rather than to resolve conflict
- Creating fear in the victim
- Power imbalance between the parties
- Escalation over time
- Effects on the victim’s mental health, freedom, or safety
- Conduct that would not be acceptable from a stranger
Distinguishing From Normal Conflict
Normal couple conflict typically involves disagreements about specific issues without intentional intimidation. Both parties feel safe to express their views. There is mutual respect even during disagreement. No party feels controlled or fearful. The relationship continues to function in healthy ways. When these elements are absent and one party is systematically harmed or controlled by the other, the conduct may be domestic violence regardless of whether physical violence is involved.
Frequently Asked Questions
Q: Does domestic violence require physical injury?
A: No. California has one of the broadest definitions of domestic violence in the United States. California Family Code section 6203 includes intentional or reckless causation or attempt to cause bodily injury, sexual assault, placing a person in reasonable apprehension of imminent serious bodily injury, and any behavior that could be enjoined under California Family Code section 6320. Section 6320 includes threats, stalking, harassment, destruction of property, and disturbing the peace through coercive control. None of these require actual physical injury.
Q: Is yelling considered domestic violence?
A: Yelling alone is generally not domestic violence. However, yelling combined with threats, intimidation, or control may qualify. Patterns of yelling that create fear or are part of coercive control behaviors can be the basis for a restraining order. The legal test is whether the conduct disturbs the peace of the other party under California Family Code section 6320, which can include verbal abuse that is part of a pattern of control or threats.
Q: What is coercive control under California law?
A: California Family Code section 6320(c) defines coercive control as a pattern of behavior that unreasonably interferes with a person’s free will and personal liberty. Examples include isolating the partner from friends, family, or support; depriving the partner of basic necessities; controlling movements, communications, or finances; compelling the partner to take or refrain from action through threats or force; and engaging in reproductive coercion. The 2020 amendment explicitly added coercive control to capture non physical forms of domestic violence.
Q: Can financial abuse alone be domestic violence?
A: Yes, when it rises to the level of coercive control. Financial abuse that involves systematic control of money, resources, or employment opportunities to dominate another person can constitute domestic violence under California Family Code section 6320(c). Examples include preventing the partner from working, controlling all access to money, requiring detailed accounting of spending, or running up debts in the partner’s name without consent. The financial abuse must be part of a pattern of coercive control, not a single dispute about money.
Q: Does texting threats count as domestic violence?
A: Yes. Threats made through any communication channel including text messages, emails, social media, or phone calls qualify as domestic violence if they place the victim in reasonable apprehension of harm. California has updated its statutes to address modern communication methods. Save all threatening messages as evidence; do not delete them. Screenshots, downloaded copies, and witness verification can all be used as evidence.
Q: Is hitting walls or breaking things domestic violence?
A: Yes. California Family Code section 6320 specifically includes destruction of property as a qualifying act. Punching walls, breaking furniture, throwing objects, or damaging the victim’s belongings constitute domestic violence regardless of whether the victim was physically touched. The intent to intimidate or harm is the legal focus, not the value of property destroyed.
Q: Can stalking through GPS tracking be domestic violence?
A: Yes. Using GPS tracking software, location services on shared devices, or hidden trackers to monitor a partner’s movements without consent constitutes stalking under California Family Code section 6320 and California Penal Code section 646.9. Even tracking that initially had consent becomes stalking when the partner has indicated they no longer consent. Digital surveillance is an increasingly common form of stalking that California courts treat seriously.
Q: What is the difference between domestic violence and assault?
A: Assault is a criminal charge under California Penal Code section 240 (assault) or section 242 (battery). It involves attempted or actual physical contact regardless of relationship. Domestic violence is a broader concept under California Family Code section 6203 that includes physical abuse plus many forms of non physical abuse, but requires a qualifying domestic relationship. The same conduct can be both assault (criminal) and domestic violence (civil family court). They are addressed through different procedures with different consequences.
Bottom Line
California defines domestic violence broadly to capture both physical and non physical forms of abuse. California Family Code section 6203 establishes the general definition and California Family Code section 6320 lists the specific qualifying acts. Beyond physical violence, the law covers sexual abuse, threats, stalking, harassment, destruction of property, and coercive control behaviors including financial abuse and digital abuse. The 2020 amendment to California Family Code section 6320(c) explicitly recognized coercive control as a form of domestic violence. If you have experienced any of these forms of abuse from someone in a qualifying domestic relationship, you may be eligible for a Domestic Violence Restraining Order.
If you are unsure whether what you are experiencing constitutes domestic violence under California law, a free consultation with a board-certified family law specialist can help you understand your options. If you are in immediate danger, call 911. For confidential support, call the National Domestic Violence Hotline at 1-800-799-7233.
About the Author
Donald Glen Haslam, Esq. is a Board-Certified Family Law Specialist by the California State Bar Board of Legal Specialization and a senior partner at Haslam & Thorne, LLP in Ontario, California. He has practiced family law exclusively for over 40 years, representing families throughout San Bernardino County and the Inland Empire. Reviewed by Brian George Thorne, Esq., Board-Certified Family Law Specialist.
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Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Domestic violence law requires specific legal analysis based on the facts of each case. If you are in immediate danger, call 911. For confidential support, call the National Domestic Violence Hotline at 1-800-799-7233. For advice specific to your circumstances, consult with a licensed family law attorney. Reading this article does not create an attorney-client relationship with Haslam & Thorne, LLP.