When people think of domestic violence, physical assault is usually what comes to mind. But in California, the legal definition of domestic violence goes beyond just physical harm. Many clients ask: “Can yelling or verbal abuse be considered domestic violence under California law?” The answer is not always straightforward — but it’s crucial to understand the legal implications of non-physical abuse, especially if you’re facing criminal charges or trying to protect your rights.
In this blog post, we’ll explore how California defines domestic violence, what role verbal abuse or yelling plays, and what legal defenses might apply if you are accused of this kind of conduct.
What Is Considered Domestic Violence in California?
Under California law, domestic violence is defined as abuse committed against someone with whom the accused has a specific type of relationship. This includes:
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A current or former spouse or romantic partner
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A cohabitant or former cohabitant
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A person with whom the accused shares a child
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A person the accused is dating or has dated
The California Family Code (Section 6203) defines abuse as:
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Intentionally or recklessly causing or attempting to cause bodily injury
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Sexual assault
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Placing someone in reasonable apprehension of imminent serious bodily injury
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Engaging in any behavior that could be enjoined pursuant to California Family Code Section 6320
Importantly, that last point includes harassment, threats, stalking, disturbing the peace, and destruction of personal property — even without physical harm.
Can Yelling or Verbal Abuse Be Considered “Domestic Violence”?
1. Yelling Alone is Not Automatically Domestic Violence
Yelling, on its own, does not typically qualify as domestic violence under California Penal Code § 273.5 or related statutes unless it rises to the level of:
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Threats of imminent harm
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Harassment that disturbs someone’s peace of mind
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Behavior that could cause emotional distress when it is part of a pattern
Simply raising your voice in an argument, or even using harsh words, does not automatically result in criminal charges. California law does not criminalize rude or offensive speech unless it crosses certain lines. However, the context matters.
2. Verbal Abuse That Involves Threats or Intimidation
If yelling includes credible threats — such as threatening to hurt someone, destroy property, or take a child away — it may constitute domestic violence under civil or criminal statutes.
This is particularly true if:
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The alleged victim believes the threat is immediate and real
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The language causes fear or emotional harm
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The conduct is part of an ongoing pattern of abuse
These types of verbal abuse can lead to restraining orders, criminal charges, or both.
What Does “Disturbing the Peace” Mean in Domestic Violence Cases?
The phrase “disturbing the peace of the other party” comes directly from California Family Code § 6320. Courts have interpreted this broadly to include behavior that disrupts the emotional calm of a person in a domestic relationship.
Examples of disturbing the peace through verbal abuse:
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Repeated yelling late at night with the intent to harass
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Constant demeaning or belittling comments
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Threats that are not carried out but are used to intimidate
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Aggressive verbal outbursts that cause fear or anxiety
In some cases, disturbing the peace can be used as the legal basis for obtaining a Domestic Violence Restraining Order (DVRO) — even if no physical violence occurred.
Can Someone Be Arrested for Verbal Abuse?
Yes — but only under certain circumstances. A person can be arrested if:
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The verbal abuse includes threats of violence
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There is evidence that the victim was in fear for their safety
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The abuse is part of an ongoing course of conduct considered stalking, harassment, or coercive control
Under California Penal Code § 422, making criminal threats is a felony or misdemeanor, depending on the circumstances. Even a verbal threat, if deemed credible and specific, can lead to an arrest and prosecution.
How Restraining Orders Apply to Verbal or Emotional Abuse
An alleged victim of verbal abuse may seek a Domestic Violence Restraining Order (DVRO) in civil court. These orders can include:
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No contact provisions
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Stay-away orders
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Orders to vacate the shared residence
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Prohibitions on owning firearms
To obtain such an order, the petitioner must show that the conduct — including verbal abuse — disturbed their peace or made them feel afraid or harassed.
These orders can be granted even without criminal charges being filed. This means you can find yourself restricted by a civil court order based solely on accusations of yelling or verbal abuse.
Defending Against Accusations of Verbal Domestic Abuse
If you’ve been accused of verbal domestic abuse in California, it’s critical to take the situation seriously — even if you believe you did nothing wrong.
Common defenses include:
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Freedom of Speech – Not all yelling or harsh language is unlawful. The First Amendment protects a wide range of speech unless it incites violence or includes credible threats.
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Lack of Intent – If the speech was not intended to harass, threaten, or disturb, it may not qualify as abuse under the law.
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False Allegations – In contentious breakups or custody disputes, verbal abuse accusations may be exaggerated or fabricated.
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Mutual Conflict – If both parties engaged in the behavior, this can be relevant to show the context and reduce or eliminate liability.
Having a skilled criminal defense attorney can help challenge the evidence, contest restraining orders, and protect your rights in both criminal and civil proceedings.
What to Do If You Are Accused of Domestic Violence
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Do Not Contact the Alleged Victim – Even a text message or voicemail could be used against you in court.
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Consult a Criminal Defense Attorney Immediately – Early legal advice can make a major difference in the outcome.
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Preserve Evidence – Save text messages, emails, or recordings that may support your side of the story.
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Attend All Court Hearings – Failure to appear can result in a default judgment or arrest warrant.
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Follow Any Court Orders – Violating a restraining order, even unintentionally, can lead to additional criminal charges.
Final Thoughts
While yelling or verbal abuse alone is not always considered domestic violence in California, it can be — especially if it includes threats, harassment, or emotionally abusive behavior. Every case depends on the facts, the history between the individuals involved, and how the conduct is perceived by the court.
If you are facing accusations of verbal or emotional abuse, or you’ve been served with a restraining order, you need to take the matter seriously. A conviction or restraining order can have long-lasting consequences — including effects on custody, employment, gun rights, and immigration status.
As a criminal defense attorney, I provide aggressive, strategic representation to protect your rights and future. If you have been accused of domestic violence, contact us today for a confidential consultation.
Speak with an Experienced Criminal Defense Attorney Today
Allegations of verbal or emotional abuse can have lasting consequences — including restraining orders, criminal charges, or damage to your reputation and relationships. Even when no physical violence occurs, California courts may still treat certain verbal behavior as domestic violence.
At Southwest Legal, we know what’s at stake. Our team has extensive experience defending individuals against all forms of domestic violence allegations — from verbal threats to emotional abuse and beyond. We serve clients throughout Southern California with discretion, professionalism, and aggressive advocacy.
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