Emotional abuse can hurt just as much as physical violence, but proving it in court is harder. California law says emotional abuse is a type of domestic violence under the Domestic Violence Prevention Act (DVPA). If someone is accused of this, it’s important to know what the law says.
What counts as emotional abuse in California?
California says emotional abuse is when someone tries to scare, control, or manipulate their partner. This can mean threats, yelling, keeping someone away from friends or family, or playing mind games. Family Code Section 6203 includes disturbing someone’s peace as a type of abuse, which can mean controlling behavior or constant harassment.
Unlike physical abuse, emotional abuse cases use messages, witness statements, or testimony instead of physical proof.
How does emotional abuse affect domestic violence cases?
Being accused of emotional abuse can lead to restraining orders, criminal charges, and problems with child custody. Judges can issue Domestic Violence Restraining Orders (DVROs) if they believe someone is emotionally harming another person. These orders can stop contact, force someone to move out, and limit where they can go. Even without physical proof, a strong story and records of past behavior can affect a judge’s decision.
How can you defend yourself against emotional abuse claims?
Fighting emotional abuse accusations means showing proof to challenge the claims. Pointing out lies, showing evidence that tells a different story, or proving that the claims don’t make sense can help.
Sometimes, these accusations come from arguments or personal problems instead of real abuse. Since there’s often no physical evidence, it may be possible to show the claims are untrue. Courts will also look at past false accusations or if someone has another reason to lie.
What to do if you’re accused?
Being accused of emotional abuse is serious and can lead to restraining orders or criminal charges. Knowing how California law sees emotional abuse can help defend against false claims and help protect your rights in court.