The California State Penal Code defines some of the crimes occurring in domestic violence.

1. Domestic Violence is defined in the Administrative Section 13700 (b) PC as:

• Abuse committed against an adult or minor (term minor is new) who is a
• Spouse or former spouse
• Cohabitant or Former cohabitant
• Current or Former Dating or Engagement
• Co-Parents of a Child

2. A Sexual relationship must have occurred at some point, independent of financial considerations:

• A dating relationship which included frequent, intimate associations primarily characterized by the expectation of affection al or sexual involvement.
• There are no time limits on how long the relationship lasted, how long ago it was terminated, etc.
• Includes same gender relationships

3. Abuse is defined in the Administrative Section 13700 (a) PC defines as:

• Intentionally or recklessly causing or attempting to cause bodily injury, or placing another person in reasonable apprehension of imminent, serious bodily injury to himself or herself, or another.
• Involves bodily contact
• The intent is to send a message of threat and/or control

4. Domestic Disputes are not the same as Domestic Violence. Domestic Disputes are:

• Disagreements between family or household members that DO NOT involve violence, threats of violence or court order violations.
• Arguments occur in which words are exchanged. There may be screaming, yelling, etc.
• There is no physical contact

5. Battery is defined in Section 243(e)1PC as a misdemeanor, stating it is unlawful force or violence used against a person who is a:

• Current or former spouse
• Current cohabitant
• Co-parents or a child or children
• Dating or former dating
• Current or former engagement
• No injury required

6. Mandated Reporting began in California 1985, when the state laws were changed to define violence between intimate partners as a "crime", not a "family matter". 13730 of the PC mandates when a domestic report must be taken:

• When any violence has occurred
• When there is any potential for violence (13730 (i))
• When there has been any fear caused to either the person (13730 (i))
• Any crime has been committed.

7. Disturbing the Peace can be defined in CA Penal Code # 415 as:

• Any fighting or challenge to fight another in a public place
• Any person who willfully and maliciously disturbs the peace of another by loud and unreasonable noise
• Any use of offensive words in a public place which are inherently likely to provoke an immediate violent reaction

8. Annoying/Threatening phone calls are defined in California Penal Code # 653 as:

• Contact made by an electronic communication device
• Any contact via phone or by electronic communication device (i.e..- email) wherein there is obscene language or threats to inflict injury to the person or family members of the person or property of that person.

9. Stalking is defined as

Additional elements to consider in domestic violence incidents.

1. Dominant Aggressor can be determined by:

• Who is the significant aggressor? NOT who struck first.
• Who's afraid of who?
• Is one party stronger than the other or do they have special training, such as military, law enforcement, martial arts, etc?
• Who is at the most risk of future harm?
• Who in the relationship poses the most danger to the other.?
• Who's story makes more sense?
• Who has motive?

2. Offensive or Defensive injuries

• Scratches - usually defensive, protecting oneself
• Bit marks, cuts and abrasions on knuckles - usually defensive
• Bruises to the backs of or the insides of the arm - defensive
• Cuts from a tug-a war with knife - defensive

3. Mutual Combat occurs when :

• Both parties are of equal size
• Both parties agree to fight
• Both parties are equally matched
• Both parties have the same weapon
• And THERE IS THE ABILITY TO OPT OUT (which is NOT the case in Domestic Violence).

4. Mutual combat is NOT:

• Self defense
• Defense of others
• Defense of property.

5. Self Defense- According to the California Justice Code Section 5.30, it is lawful for a person to defend themself if:

• A person is being assaulted and is defending himself/herself from attack. If, as a reasonable person, he/she has grounds for believing and does believe that bodily injury is about to be inflicted upon him/her.
• A person may use ALL FORCE and means which he/she believes to be reasonably necessary and Which would appear to a reasonable person, in the same or similar circumstance, to be necessary to prevent the injury which appears to be imminent.*

God gave laws for the protection of all citizens and for the punishment of evil doers and
the protection of the innocent. The intent of the law is to protect the victim.

Domestic violence is a crime. Perpetrators are criminals. Victims are not.

*The information presented above is excerpted from the San Diego Family Justice Center's Domestic Violence Volunteer Training Manual, February, 2003