LD25 - Domestic Violence Already Passed
Domestic violence - =abuse committed against adult or minor (PC 13700(b)). include(s) 1 or
more of the following relationships:
- spouse/former spouse,
- cohabitant/former cohabitant,
- dating relationship/former dating,
- engagement relationship/ former engagement relationship,
- person with whom respondent has had a child.
Abuse - =intentionally or recklessly causing or attempting to cause bodily injury, or placing
another person in reasonable apprehension of imminent serious bodily injury to theirselves or
another. (PC 13700(a))
Abuse 16120 - PC - =- intentionally or recklessly cause or attempt to cause bodily injury,
- sexual assault,
- to place a person in reasonable apprehension of imminent serious bodily injury to that person or
another,
- to molest, attack, strike, stalk, destroy personal property, or violate the terms of a DV protective
order issued under the DV Prevention Act. (Commencing W/Family Code Section 6300 et seq.)
Cohabitants - =2 unrelated adults living together for a substantial period of time, resulting in
some permanency of relationship (PC 13700(b)). Parties who are simply co-tenants, not involved
in intimate relationships, are not considered cohabitants.
Domestic disputes - =are not the same as DV. Domestic disputes are disagreements between
family or household members that do NOT involve violence, threats of violence, or court order
violations.
Willful infliction of corporal injury 273.5 - PC - =any person willfully inflicts upon a person who
is his or her spouse, former spouse, cohabitant, former cohabitant, or on any person who is the
mother or father of his or her child, corporal injury resulting in a traumatic condition. felony
,Willful infliction of corporal injury Crime Elements - =- person willfully inflicts injury upon
another person.
- the other person is a spouse, former spouse, cohabitant, former cohabitant, current or former
dating relationship partner, current or former engagement partner, or they have a child in
common.
- injury must be an actual physical injury. can be internal or external, minor or serious. felony
Corporal injury - =injury to a person's body.
Traumatic condition - =Condition of the body, such as a wound, external/internal injury
including, not limited to, injury as a result of strangulation or suffocation, whether of a minor or
serious nature, caused by a physical force. "strangulation" & "suffocation" include impeding the
normal breathing or circulation of blood of a person by applying pressure on throat or neck.
Spouse - =a relationship defined as being an individual partner in marriage (e.g., husband or
wife).
Criminal threats 422 - PC - =Person willfully makes a threat to commit a crime which will result
in death or GBI to the intended victim or a member of their immediate family with specific intent
that the statement is to be taken as a threat, even if there is no intent to actually carry it out.
Felony
Criminal threats Crime Elements - =- a threat to commit a crime resulting in death or GBI to a
person or their immediate family.
- threat must be such as to cause a person reasonably to be in sustained fear for their own safety
or for their immediate family's safety.
- threat must be made with specific intent that the statement be taken as a threat, whether or not
the person intends to carry it out.
- threat must on its face & under the circumstances made, be so unequivocal, unconditional,
immediate, & specific as to convey a gravity of purpose & immediate prospect of execution.
- victim must be placed in sustained fear; a fear that is not transitory, fleeting, or momentary.
, - A condition that must be performed immediately; the condition is one the abuser has no right to
impose, and the abuser appears to intend to force performance by using violence (i.e., "If you
testify, I will kill you.").
- A threat that could reasonably induce fear in the victim (i.e., an abuser has beaten his wife
many times before. Last time he strangled her to unconsciousness and broke three of her ribs.
During an argument today, he told his wife, "Remember last time. I think it's time to finish what
I began." The victim is in fear).
- Officers should ask the victim what the threat means to him or her. Felony
Stalking 646.9 - PC - =Person willfully, maliciously, & repeatedly follows or harasses another
person & makes a credible threat with intent of placing that person in reasonable fear for their
safety, or that of their immediate family. Felony
Stalking Crime Elements - =- willfully, maliciously & repeatedly follows another person, or,
- willfully, & maliciously harasses another person,
- makes a credible threat,
- with intent to place the person in reasonable fear for his or her safety or the safety of their
immediate family. Felony
Credible threat - =a verbal, written, &/or electronically communicated statement, &/or a threat
implied by a pattern of conduct made with the intent of placing the targeted person in reasonable
fear for their safety or that of their immediate family.
Harass - =a knowing & willful course of conduct directed @ a specific person that seriously
alarms, annoys, torments, or terrorizes the person & serves no legitimate purposes.
Course of conduct - =Pattern of conduct composed of a series of acts over a period of time,
however short, evidencing a continuity of purpose. The course of conduct must be such as to
cause a reasonable person to suffer substantial emotional distress, & the victim must actually
suffer substantial emotional distress.
Telephone calls with intent to annoy 635m -PC - =- Person, with intent to annoy, telephones or
makes contact by means of electronic communication device & uses obscene language or makes
a threat of injury to person, that person's property, or a member of that person's family.
Domestic violence - =abuse committed against adult or minor (PC 13700(b)). include(s) 1 or
more of the following relationships:
- spouse/former spouse,
- cohabitant/former cohabitant,
- dating relationship/former dating,
- engagement relationship/ former engagement relationship,
- person with whom respondent has had a child.
Abuse - =intentionally or recklessly causing or attempting to cause bodily injury, or placing
another person in reasonable apprehension of imminent serious bodily injury to theirselves or
another. (PC 13700(a))
Abuse 16120 - PC - =- intentionally or recklessly cause or attempt to cause bodily injury,
- sexual assault,
- to place a person in reasonable apprehension of imminent serious bodily injury to that person or
another,
- to molest, attack, strike, stalk, destroy personal property, or violate the terms of a DV protective
order issued under the DV Prevention Act. (Commencing W/Family Code Section 6300 et seq.)
Cohabitants - =2 unrelated adults living together for a substantial period of time, resulting in
some permanency of relationship (PC 13700(b)). Parties who are simply co-tenants, not involved
in intimate relationships, are not considered cohabitants.
Domestic disputes - =are not the same as DV. Domestic disputes are disagreements between
family or household members that do NOT involve violence, threats of violence, or court order
violations.
Willful infliction of corporal injury 273.5 - PC - =any person willfully inflicts upon a person who
is his or her spouse, former spouse, cohabitant, former cohabitant, or on any person who is the
mother or father of his or her child, corporal injury resulting in a traumatic condition. felony
,Willful infliction of corporal injury Crime Elements - =- person willfully inflicts injury upon
another person.
- the other person is a spouse, former spouse, cohabitant, former cohabitant, current or former
dating relationship partner, current or former engagement partner, or they have a child in
common.
- injury must be an actual physical injury. can be internal or external, minor or serious. felony
Corporal injury - =injury to a person's body.
Traumatic condition - =Condition of the body, such as a wound, external/internal injury
including, not limited to, injury as a result of strangulation or suffocation, whether of a minor or
serious nature, caused by a physical force. "strangulation" & "suffocation" include impeding the
normal breathing or circulation of blood of a person by applying pressure on throat or neck.
Spouse - =a relationship defined as being an individual partner in marriage (e.g., husband or
wife).
Criminal threats 422 - PC - =Person willfully makes a threat to commit a crime which will result
in death or GBI to the intended victim or a member of their immediate family with specific intent
that the statement is to be taken as a threat, even if there is no intent to actually carry it out.
Felony
Criminal threats Crime Elements - =- a threat to commit a crime resulting in death or GBI to a
person or their immediate family.
- threat must be such as to cause a person reasonably to be in sustained fear for their own safety
or for their immediate family's safety.
- threat must be made with specific intent that the statement be taken as a threat, whether or not
the person intends to carry it out.
- threat must on its face & under the circumstances made, be so unequivocal, unconditional,
immediate, & specific as to convey a gravity of purpose & immediate prospect of execution.
- victim must be placed in sustained fear; a fear that is not transitory, fleeting, or momentary.
, - A condition that must be performed immediately; the condition is one the abuser has no right to
impose, and the abuser appears to intend to force performance by using violence (i.e., "If you
testify, I will kill you.").
- A threat that could reasonably induce fear in the victim (i.e., an abuser has beaten his wife
many times before. Last time he strangled her to unconsciousness and broke three of her ribs.
During an argument today, he told his wife, "Remember last time. I think it's time to finish what
I began." The victim is in fear).
- Officers should ask the victim what the threat means to him or her. Felony
Stalking 646.9 - PC - =Person willfully, maliciously, & repeatedly follows or harasses another
person & makes a credible threat with intent of placing that person in reasonable fear for their
safety, or that of their immediate family. Felony
Stalking Crime Elements - =- willfully, maliciously & repeatedly follows another person, or,
- willfully, & maliciously harasses another person,
- makes a credible threat,
- with intent to place the person in reasonable fear for his or her safety or the safety of their
immediate family. Felony
Credible threat - =a verbal, written, &/or electronically communicated statement, &/or a threat
implied by a pattern of conduct made with the intent of placing the targeted person in reasonable
fear for their safety or that of their immediate family.
Harass - =a knowing & willful course of conduct directed @ a specific person that seriously
alarms, annoys, torments, or terrorizes the person & serves no legitimate purposes.
Course of conduct - =Pattern of conduct composed of a series of acts over a period of time,
however short, evidencing a continuity of purpose. The course of conduct must be such as to
cause a reasonable person to suffer substantial emotional distress, & the victim must actually
suffer substantial emotional distress.
Telephone calls with intent to annoy 635m -PC - =- Person, with intent to annoy, telephones or
makes contact by means of electronic communication device & uses obscene language or makes
a threat of injury to person, that person's property, or a member of that person's family.
