Domestic Violence: Relationship Criteria
Domestic violence cases in California involve a broad range of relationships — not just between spouses or romantic partners. As an attorney, one of the most important aspects of evaluating or defending a domestic violence case is understanding who the law recognizes as a “victim.” California law takes a wide, inclusive view of domestic relationships, which has implications for prosecution, restraining orders, and sentencing enhancements.
Legal Definition of Domestic Violence in California
Under California law, domestic violence refers to abuse committed against someone with whom the alleged abuser has a specific relationship. The relevant statutes — primarily California Penal Code § 273.5 and § 243(e)(1) — make it a crime to inflict injury or force on someone in a qualifying domestic relationship.
Who Qualifies as a Victim?
California law identifies several categories of individuals who may be considered victims in a domestic violence case. These include:
Current or Former Spouses
This is the most straightforward category. Any act of physical harm, threats, or intimidation directed at a current or former spouse qualifies under domestic violence statutes.
Cohabitants or Former Cohabitants
Living together in an intimate or domestic arrangement—regardless of marital status—can establish the basis for a domestic violence charge. Courts look at shared living arrangements, joint ownership or lease of property, shared household expenses, and the length and nature of the relationship.
Individuals in a Dating or Engagement Relationship
A person in a current or past dating relationship with the alleged abuser qualifies as a potential victim under California’s domestic violence laws. Courts may consider factors such as the frequency of interaction, intimacy, and whether the relationship was ongoing.
Co-Parents
Whether or not the couple ever lived together or were romantically involved long-term, the existence of a shared child establishes a qualifying relationship for domestic violence purposes.
Parents, Children, and Other Close Relatives
Abuse of a parent, child, sibling, grandparent, or grandchild may also fall under domestic violence statutes, particularly when it involves individuals living in the same household. Civil restraining orders are frequently granted in these circumstances under the Domestic Violence Prevention Act (DVPA).
Why It Matters
Understanding who qualifies as a victim isn't just important for identifying criminal liability — it also affects:
Eligibility for protective orders
Child custody decisions
Immigration consequences (particularly under the Violence Against Women Act or VAWA)
Sentencing enhancements for repeat offenses or violations of restraining orders
In civil court, qualifying victims may seek a Domestic Violence Restraining Order (DVRO), which can be issued even without a criminal conviction and provides a wide range of protections—from stay-away orders to exclusive possession of a shared home.
Final Thoughts
California’s domestic violence laws are intentionally broad to protect victims in a variety of interpersonal relationships. For attorneys representing clients—either those accused or those seeking protection—it’s crucial to understand the types of relationships that qualify under the law. A thorough understanding of these classifications can shape legal strategy, impact plea negotiations, or determine whether a restraining order is likely to be granted.
If you or someone you know is involved in a domestic violence matter and needs legal guidance, it’s important to consult an attorney familiar with the nuances of California’s domestic violence statutes. Davis W. Hewitt is an experienced in the area of domestic violence law - contact the Davis W. Hewitt Law Office to schedule a free 30-minute consultation.
