6320 Conduct
The types of conduct that a court may enjoin under California Family Code Section 6320 when issuing a domestic violence restraining order (DVRO) under the Domestic Violence Prevention Act (DVPA). Cal. Fam. Code § 6320 authorizes the court to issue orders enjoining a party from molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, credibly impersonating, falsely personating, harassing, telephoning (including through text or electronic communication), destroying personal property, contacting (either directly or indirectly), coming within a specified distance of, or disturbing the peace of the other party. The statute provides the substantive basis for what conduct a restraining order can prohibit.
The phrase “disturbing the peace” as used in Cal. Fam. Code § 6320 has been interpreted broadly by California courts to include conduct that destroys the mental or emotional calm of the other party. This means that conduct need not involve physical violence or threats to be enjoinable. Cal. Fam. Code § 6320, subdivision (c) now expressly includes “coercive control,” defined as a pattern of behavior that unreasonably interferes with a person’s free will and personal liberty. A petitioner seeking a DVRO will identify the specific conduct to be restrained, and the court may tailor the order to address the particular circumstances of the case.
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