Proving Abuse in California Family Court

If you are dealing with domestic violence or abuse in a family law case, your first concern is for your safety and the safety of your children, but you likely have other questions. You may wonder, what counts as abuse, and how do I prove it?

California law defines abuse broadly. You do not need a police report or visible injuries to seek protection. Under the Domestic Violence Prevention Act (DVPA), courts can issue protective orders based on emotional abuse, coercive control, and other non-physical conduct.

Under the Domestic Violence Prevention Act (DVPA), a court may issue a protective order “to restrain any person for the purpose of preventing a recurrence of domestic violence and ensuring a period of separation of the persons involved” upon “reasonable proof of a past act or acts of abuse.” (In re Marriage of Davila & Mejia (2018) 29 Cal.App.5th 220, 225, 228.)

Disturbing the Peace of the Other Party

It is important to recognize that “abuse” is not limited to the actual infliction of physical injury or assault (Family Code section 6203, subd. (b)). Indeed, the DVPA provides that the trial court may find abuse and enjoin a party from “disturbing the peace of the other party” (Family Code section 6320(a)), meaning conduct that under the totality of the circumstances destroys the mental or emotional calm of the other party.

“What disturbs the peace of a person differs in each case.” (K.L. v. R.H. (2021) 70 Cal.App.5th 965, 981.) Important cases that serve as examples are as follows: 

• Burquet v. Brumbaugh (2014) 223 Cal.App.4th 1140, 1146-1147: defendant disturbed plaintiff’s peace by his “course of conduct of contacting plaintiff by phone, e-mail, and text,” and arriving at her residence uninvited and refusing to leave
• In re Marriage of Nadkarni (2009) 173 Cal.App.4th 1483, 1497-1499: husband destroyed wife’s emotional calm when he surreptitiously accessed and disclosed her confidential information causing her “to suffer ‘shock’ and ’embarrassment,’ to fear the destruction of her ‘business relationships,’ and to fear for her safety”
• Rodriguez v. Menjivar (2015) 243 Cal.App.4th 816, 822: “significant acts of emotional abuse,” including “acts of isolation, control, and threats” were sufficient to demonstrate the destruction of Rodriguez’s mental and emotional calm
• In re Marriage of Evilsizor & Sweeney (2015) 237 Cal.App.4th 1416, 1420-1421, 1426: husband disturbed wife’s peace when he disclosed her private text communications, hacked into her social media account and threatened to reveal additional private information about her, causing her to suffer sleepless nights, shock and embarrassment.

Other cases have refused to find abuse for disturbing the peace of another: K.L. v. R.H. (2021) 70 Cal.App.5th 965, 981 [calling former boyfriend a derogatory name on “TalkingParents” app and failing to show up for child custody exchanges “is not sufficient to disturb anyone’s peace”]; Curcio v. Pels (2020) 47 Cal.App.5th 1 [private Facebook post accusing ex-girlfriend of abusing her and urging employers not to hire her did not rise to the level of “disturbing the peace,” even if the post upset ex-girlfriend and made her fear for her career]; S.M. v. E.P. (2010) 184 Cal.App.4th 1249, 1266 [badgering and making negative comments during arguments does not constitute “abuse” for purposes of the DVPA].

Coercive Control

The legislature added the term “coercive control” as one example of conduct that destroys another’s mental or emotional calm. (Family Code section 6320, subd. (c).) Family Code section 6320 defines “coercive control” as “a pattern of behavior that in purpose or effect unreasonably interferes with a person’s free will and personal liberty.”

Family Code section 6320 (subd. (c)(1)-(5).) provides several examples of coercive control. They include, in part:

• Isolating the other party from friends, relatives, or other sources of support.
• Depriving the other party of basic necessities.
• Controlling, regulating, or monitoring the other party’s movements, communications, daily behavior, finances, economic resources, or access to services.
• Compelling the other party by force, threat of force, or intimidation . . . to engage in conduct from which the other party has a right to abstain or to abstain from conduct in which the other party has a right to engage.
• Engaging in reproductive coercion, which consists of control over the reproductive autonomy of another through force, threat of force, or intimidation”, including unreasonably pressuring a partner to become pregnant, interfering with contraception, or using coercive tactics to control pregnancy outcomes.

These examples were intended to help courts recognize coercive control when hearing these cases but should in no way limit what a court may consider coercive control to just these instances.

Effective January 1, 2026, Senate Bill 50 (SB 50) amended Family Code section 6320 to make clear that coercive control and disturbing the peace may be carried out through internet-connected devices, which include smart home systems, vehicles, and wearable devices. Courts may also issue a “device protection request” to cut off an abuser’s access to connected devices being used to stalk or monitor a survivor.

How Abuse Findings Affect Child Custody

Proving abuse in family court does more than secure a restraining order. It can reshape your custody case.

Under Family Code section 3044, if a court finds that a party seeking custody committed domestic violence against the other parent or the children within the past five years, a rebuttable presumption arises. Giving that parent sole or joint custody is presumed detrimental to the child. The presumption was updated and re-enacted effective January 1, 2026, by SB 899.

This is one of the most powerful protections in California family law. Once the section 3044 presumption is triggered, the burden shifts. The parent with the abuse finding must prove by a preponderance of the evidence that awarding them custody is in the child’s best interest. Simply showing they are a “good parent” is not enough. Courts must make explicit, factor-by-factor findings.

To overcome the presumption, the perpetrating parent typically must show:

• Successful completion of a batterer’s treatment program (Penal Code section 1203.097(c) criteria)
• Completion of alcohol or drug counseling, if ordered
• Compliance with any protective order in effect
• That custody is in the best interest of the child under Family Code sections 3011 and 3020

If you have experienced domestic violence and your case involves children, documenting and presenting that evidence correctly is critical for your safety and your children’s custody outcome.

The attorneys at Quinn & Dworakowski, LLP have extensive experience representing clients in domestic violence and child custody cases throughout Orange County. Call us at (949) 660-1400

Frequently Asked Questions

Does abuse have to be physical to get a restraining order in California?

No. California law allows courts to issue a restraining order based on non-physical abuse, including emotional abuse, coercive control, harassment, and conduct that destroys your mental or emotional calm. Physical injury is not required.

What is “disturbing the peace” under California’s DVPA?

It means conduct that, based on the totality of the circumstances, destroys the mental or emotional calm of the other party. Courts look at the full pattern of behavior to make this determination.

What is coercive control under California family law?

Coercive control is a pattern of behavior that unreasonably interferes with a person’s free will and personal liberty. Under Family Code section 6320, it includes isolating a partner from support, controlling finances, monitoring movements, and reproductive coercion.

Can texts or emails be used as evidence of coercive control?

Yes. Courts regularly consider text messages, emails, social media posts, and records from co-parenting apps as evidence of a pattern of coercive or harassing conduct. Under SB 50 surveillance through smart home devices and connected devices is also recognized.

How do I start the process of getting a protective order in California?

You can file a Request for Domestic Violence Restraining Order (Form DV-100) in the California Superior Court. If the judge finds reasonable proof, a Temporary Restraining Order (TRO) can issue the same or next business day. A full hearing usually follows within 21 days. An experienced family law attorney can help you prepare your declaration and evidence.

Facing a domestic violence issue in Orange County? Call Quinn & Dworakowski, LLP at (949) 660-1400 or schedule a consultation online.