What is the test for a finding of domestic abuse?

California, United States of America


The following excerpt is from J.Q. v. T.B. (In re J.Q.), G047615, G047727 (Cal. App. 2014):

assaulting, battering, harassing, telephoning, including, but not limited to, making annoying telephone calls as described in [s]ection 653m of the Penal Code, destroying personal property, contacting, either directly or indirectly, by mail or otherwise, coming within a specified distance of, or disturbing the peace of the other party . . . ." The actual infliction of physical injury or assault is not required for a finding of abuse. (In re Marriage of Nadkarni (2009) 173 Cal.App.4th 1483, 1496 [reading and publicly disclosing e-mails]; Ritchie v. Konrad (2004) 115 Cal.App.4th 1275, 1290-1291 [persistent unwanted telephone calls or letters].)

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