Domestic Violence

Learn more about domestic violence and the criminal court process.

Learn more about domestic violence in family law cases. If your case involves children, learn more about custody and visitation.

Some families experiencing domestic violence will become involved with the juvenile court. If the county child protective services (CPS) agency investigates allegations and a court determines that a child is at risk of harm in the home, the court may make the child a dependent of the court. Learn more about juvenile dependency court. If a child breaks the law or is beyond parental control, the county probation office may investigate and the child may be involved with juvenile delinquency court. Learn more about juvenile delinquency court.

CFCC organizes training and educational programs which focus on how courts and court-connected professionals address domestic and family violence. View materials from some past conferences and trainings. Specific efforts include providing regular trainings for mediators, child custody recommending counselors, evaluators, investigators, court clerks, and judicial officers several times throughout the year. These trainings offer valuable information on domestic violence and promote best practices throughout the state. Technical assistance is provided to courts that are developing procedures for handling domestic violence cases. 

Family and juvenile dependency mediators and child custody evaluators must handle cases involving domestic violence according to state laws and rules of court and must have local protocols consistent with statutory requirement and statewide rules. Learn more.

Violence Against Women Education Project (VAWEP)

The VAWEP provides the courts with information, educational materials, and training on the court’s role in responding to these cases. VAWEP is funded by the California Governor’s Office of Emergency Services with resources from the federal Office on Violence Against Women to support the superior courts in creating a more effective response to cases of domestic violence, sexual assault, stalking, teen dating violence and human trafficking. 

Violence Against Women Education Project Fact Sheet 

Resources and Judicial Tools on Family Violence in Tribal Communities 

Emergency Protective Order Bench Guide

An emergency protective order (EPO) is a short-term restraining order that can protect you if you have an emergency with domestic abuse, or if someone is hurting or threatening to hurt you or your children. EPOs are granted by a judge, and requested by a police officer. This guide is designed for judges who decide on EPO requests, and can be used by others who are involved in the process.

Domestic Violence Restraining Order Bench Guide

Civil domestic violence restraining orders (DVROs) are one of the most common restraining orders issued in California. This guide can be used by judges, court staff, and providers working with litigants who need to ask for, or respond to, a domestic violence restraining order.

This episode highlights the important role judges and providers play in keeping families safe when domestic violence is alleged or found. 

You will hear from:

• Shelly La Botte, Senior Analyst at the Judicial Council of California
• Judge Brooke Blecher, Superior Court of Santa Clara
• And a recap from people from episode 1 (Mary, Crystal, and Judge Victor Hwang)

A Journey to Healing: How One Tribe Incorporates a Traditional Approach to Address Domestic Violence
Listen · 37:15    (Transcript)

Before you listen: Please be aware that this episode includes first-person accounts of domestic violence. The people sharing them agreed to do so in hopes that others might benefit from what they’ve learned.

Native American women — and men — are;more likely than white counterparts to experience intimate partner violence. That violence is often grounded in trauma that impacts whole communities. For indigenous people, it can be traced back to colonization as well as to racism and oppression that persists today. In this episode, you’ll hear members of California’s Yurok Tribe talk about the impact of domestic violence, and how the tribal court worked to put in place a culturally-relevant, and more effective, path to healing.

In this episode, you will hear from:

• “Mark” and “Lydia” who share their personal experiences
• The Honorable Abbi Abinanti, Elder and Chief Judge of the Yurok Tribe
• Lori Nesbitt, Facilitator of the Yurok Batterers Intervention Program/Yurok Tribal Court Opioid Program Manager
• Lee Romney, producer of this episode, as narrator

An Invisible Epidemic: A Survivor’s Story and What Courts Should Know About Traumatic Brain Injury
Listen · 34:08   (Transcript)

This podcast shines light on a condition that Dr. Eve Valera describes as an epidemic that our society does not know enough about. The condition is traumatic brain injuries, or TBIs, in women who have experienced intimate partner violence. As Dr. Valera explains, what we know about TBIs is mostly based on research in men, specifically military members and professional athletes. Listen to this podcast to hear the personal impact of TBI on a survivor; what we know about TBI in intimate partner violence victims and survivors; and what lawyers, judges and other professionals in the court system can do to better accommodate victims and survivors.

In this podcast you will hear from:

• “Mary”, a survivor of intimate partner violence
• Dr. Eve Valera, Researcher and Associate Professor, Martinos Center for Biomedical Imaging, Harvard Medical School
• The Honorable Julie Emede, Judge, Superior Court of Santa Clara County
• Mervyn Degaños, podcast producer, as narrator

These episodes were supported by a subgrant awarded by the state administering office for the STOP Formula Grant Program.  The opinions, findings, conclusions, and recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the state or U.S. Department of Justice, Office on Violence Against Women.

Domestic Violence Safety Partnership

The Domestic Violence Safety Partnership (DVSP) was developed to enhance safety and improve practices and protocols in the handling of domestic violence cases. A court that participates in the DVSP uses the Domestic Violence Safety Partnership Self-Assessment—a tool furnished by the Judicial Council—to examine its own practices and needs in the handling of domestic violence cases, especially in relation to legal mandates. The court may then seek technical assistance from the Judicial Council.

The Judicial Council of California is responsible for developing statewide rules of court, court forms, and legislation relevant to court administration. Each of these areas may involve domestic violence issues. To review current and recent proposals, please click on the relevant link below:
Recent Proposals

To review rules of court, court forms, and court-related legislation, please click on the relevant link below.  If you are interested in domestic violence specifically, please search within these sections for "domestic violence."
Statewide Rules of Court
Forms
Court-Related Legislation

• The Greenbook
• Batterer Intervention Systems in California
• Snapshot Study 2008: Summary Findings
• Stat Sheet: Domestic Violence in Court-Based Child Custody
• Research Update: Domestic Violence in Court-Based Child Custody Mediation Cases in California (November 2002) 
• Domestic Violence Courts: A Descriptive Study (May 2000)
• Addressing Domestic Violence, Child Safety and Well-Being: Collaborative Strategies for California Families
• Tribal/State Program - Family Violence Curriculum, Bench and Other Judicial Tools
• Final Report of the Domestic Violence Practice and Procedure Task Force
  
  • Judicial Council Report Summary
  • Judicial Council Report
  • Recommended Guidelines and Practices for Improving the Administration of Justice in Domestic Violence Cases