As used in this title:
(a)“Abuse” means 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.
(b)“Domestic violence” means abuse committed against an adult or a minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has had a dating or engagement relationship. For purposes of this subdivision, “cohabitant” means two unrelated adult persons living together for a substantial period of time, resulting in some permanency of relationship. Factors that may determine
whether persons are cohabiting include, but are not limited to, (1) sexual relations between the parties while sharing the same living quarters, (2) sharing of income or expenses, (3) joint use or ownership of property, (4) whether the parties hold themselves out as spouses, (5) the continuity of the relationship, and (6) the length of the relationship.
(c)“Officer” means any officer or employee of a local police department or sheriff’s office, and any peace officer of the Department of the California Highway Patrol, the Department of Parks and Recreation, the University of California Police Department, or the California State University and College Police Departments, as defined in Section 830.2, a peace officer of the Department of General Services of the City of Los Angeles, as defined in subdivision (c) of Section 830.31, a housing authority patrol officer, as defined in subdivision (d) of Section 830.31, a peace officer as defined in
subdivisions (a) and (b) of Section 830.32, or a peace officer as defined in subdivision (a) of Section 830.33.
(d)“Victim” means a person who is a victim of domestic violence.
Notes of Decisions
Cited in
74
cases (
27 in the last 5 years), 1999–2026 · leading case:
People v. Brown, 192 Cal. App. 4th 1222 (Cal. Ct. App. 2011).
People v. Brown, 192 Cal. App. 4th 1222 (Cal. Ct. App. 2011).
· cites it 6× “” (Pen. Code, § 13700, subd. (b), italics added.”
People v. Rucker, 25 Cal. Rptr. 3d 62 (Cal. Ct. App. 2005).
· cites it 4× “” (Pen. Code, § 13700, subd. (b); Evid. Code, § 1109, subd.”
Correll Thomas v. C. Dillard, 818 F.3d 864 (9th Cir. 2016).
· cites it 2× “See Cal. Penal Code § 13700 (b) (defining “domestic violence” to include any “abuse committed against an adult or a minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has had a dating or engagement…”
People v. Megown, 238 Cal. Rptr. 3d 911 (Cal. Ct. App. 5th 2018).
· cites it 2× “" In turn, Penal Code section 13700 defines "[a]buse" 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 .”
Bernard v. Foley, 139 P.3d 1196 (Cal. 2006).
· cites it 2× “Factors that may determine whether persons are cohabiting include, but are not limited to, (1) sexual relations between the parties while sharing the same living quarters, (2) sharing of income or expenses, (3) joint use or ownership of property, (4) whether the parties hold…”
Cline v. Reetz-Laiolo, 329 F. Supp. 3d 1000 (N.D. Cal. 2018).
· cites it 2× “6 ; see Cal. Penal Code § 13700 (b). Section 13700 of the penal code defines abuse 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…”
People v. Kovacich, 201 Cal. App. 4th 863 (Cal. Ct. App. 2011).
· cites it 2× “) Penal Code section 13700, subdivision (b), defines “domestic violence” to mean “abuse committed against an adult or a minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has had a dating or…”
Pugliese v. Superior Court, 2007 Cal. Daily Op. Serv. 880 (Cal. Ct. App. 2007).
· cites it 2× “2 Penal Code section 13700 provides in pertinent part: “ ‘Domestic violence’ means abuse committed against an adult or a minor who is a spouse, former spouse, cohabitant, [or] former cohabitant.”
People v. Williams, 232 Cal. Rptr. 3d 671 (Cal. Ct. App. 5th 2018).
“) One cross-referenced statute, Penal Code section 13700, subdivision (b), defines the term so that it would include defendant's former wife, but not his former mother-in-law.”
Beckwith v. Dahl, 205 Cal. App. 4th 1039 (Cal. Ct. App. 2012).
“” (Pen. Code, § 13700, subd. (b).) Beckwith’s complaint alleged he and MacGinnis were in a long-term relationship of 10 years, they leased an apartment together, and they owned a business together.”
People v. Escobar, 98 Cal. Rptr. 2d 696 (Cal. Ct. App. 2000).
· cites it 2× “(Pen. Code, § 13700.) Appellant is correct that admissibility under section 352 is a prerequisite to the introduction of evidence of prior incidents of domestic violence.”
People v. James, 191 Cal. App. 4th 478 (Cal. Ct. App. 2010).
· cites it 2× “]” (Pen. Code, § 13700, subd. (b).) “ ‘Abuse’ means intentionally or recklessly causing or attempting to cause bodily injury, or placing another person in *483 reasonable apprehension of imminent serious bodily injury to himself or herself, or another.”
— Cal. Penal Code § 13700(b) — 4 cases
Correll Thomas v. C. Dillard, 818 F.3d 864 (9th Cir. 2016).
“See Cal. Penal Code § 13700 (b) (defining “domestic violence” to include any “abuse committed against an adult or a minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has had a dating or engagement…”
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