Domestic violence: coercive control.

Existing law establishes the Domestic Violence Prevention Act for the purpose of preventing acts of domestic violence, abuse, and sexual abuse and providing for a separation of the persons involved in the domestic violence for a period sufficient to enable those persons to seek a resolution of the causes of the violence. Existing law authorizes a court to issue an ex parte order enjoining a party from engaging in specified acts against another party, including threatening or harassing that party or disturbing their peace, and, in the discretion of the court, against other named family or household members. A violation of this court order constitutes contempt of court, which is punishable as a misdemeanor. This bill would define "disturbing the peace of the other party" as conduct that destroys the mental or emotional calm of the other party, as specified. The bill would provide that disturbing the peace of the other party includes coercive control, which is a pattern of behavior that unreasonably interferes with a person's free will and personal liberty and includes, among other things, unreasonably isolating a victim from friends, relatives, or other sources of support. Existing law requires a family court to determine the best interests of a child in deciding child custody in specified proceedings and establishes a rebuttable presumption that an award of child custody to a person who has perpetrated domestic violence is detrimental to the best interests of the child. Existing law defines "perpetrated domestic violence" to mean, among other things, that the person engaged in behavior for which the court may issue an ex parte order to protect the child or the person seeking custody of the child. By adding coercive control to the bases for the ex parte orders described above, the bill would, for purposes of a family court determining child custody in those proceedings, create a rebuttable presumption that an award of child custody to a party who has engaged in coercive control is detrimental to the best interests of the child. Because a violation of a court order constitutes contempt of court and is therefore a crime, by expanding the bases for the issuance of these ex parte orders, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.