Who is protected under this law?
Under California state law, you may be protected under this law if you or a family member is a victim of a “qualifying act of violence,” which is defined as:
- domestic violence;
- sexual assault under state, federal, or tribal law;
- stalking;
- an act that caused physical injury or death;
- someone using or waving (brandishing) a firearm or other dangerous weapon;
- someone using force, or threatening to use force, that results in physical injury or death.1
For the purposes of this law, a “family member” means:
- a child, which includes a biological child, adopted child, foster child, step-child, legal ward, child of your domestic partner, or a child for whom you stand “in loco parentis;”
- a parent, which includes a biological parent, foster parent, adoptive parent, parent-in-law, step-parent, legal guardian, or other person who stood “in loco parentis” to you when you were a child;
- a grandparent or grandchild;
- a spouse or domestic partner;
- a sibling, whether biological, adopted, step-sibling, or half-sibling; or
- anyone else related to you by blood or whose relationship with you is the equivalent of a family relationship.2
1 Cal. Gov. Code § 12945.8(a)(3), (j)(5), (j)(8)(A)
2 Cal. Gov. Code §§ 12945.8(j)(4); 12945.2(b)(1), (b)(11), (b)(14)