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September 12, 2023240. Assault defined
ASSAULT DEFINED. An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.
Statutes: California
- Civil Code
- Division 2. General Provisions
- Division 3. Obligations
- Part 3. Obligations Imposed by Law
- Part 4. Obligations Arising from Particular Transactions
- Title 5. Hiring
- Chapter 2. Hiring of Real Property
- 1946. Renewable hiring; notice of termination
- 1946.7. Victims of domestic violence, sexual assault, stalking, human trafficking, or abuse of elder or dependent adult; written notice to terminate tenancy; requirements of notice; landlord disclosure to third party
- 1946.8. Summoning law enforcement assistance or emergency assistance; lease or rental agreement provisions prohibiting or limiting right void; penalties prohibited; establishing belief; waiver void and unenforceable; affirmative defense; remedies
- Chapter 2. Hiring of Real Property
- Title 5. Hiring
- Code of Civil Procedure
- Part 2. Of Civil Actions
- Title 5. Jurisdiction and Service of Process
- Title 7. Other Provisional Remedies in Civil Actions
- Chapter 3. Injunction
- 525. Definition; grant; enforcement
- 526. Cases in which authorized; restrictions on grant
- 527. Grants before judgment upon verified complaint or affidavits; service; notice; procedures; application; fees
- 527.6. Harassment; temporary restraining order and order after hearing; procedure; allegations or threats of violence; support person; costs and attorney fees; punishment; confidentiality of information relating to minors
- 527.8. Employees subject to unlawful violence or threat of violence at the workplace; temporary restraining order; injunction; constitutional protections for speech and activities
- Chapter 3. Injunction
- Part 3. Of Special Proceedings of a Civil Nature
- Part 2. Of Civil Actions
- California Rules of Court
- Family Code
- Division 4. Rights and Obligations During Marriage
- Division 6. Nullity, Dissolution, and Legal Separation
- Division 8. Custody of Children
- Part 1. Definitions and General Provisions
- Part 2. Right to Custody of a Minor Child
- Chapter 1. General Provisions
- 3020. Legislative findings and declarations; health, safety, and welfare of children; continuing contact with parents
- 3021. Application of part
- 3022. Order for custody
- 3022.3. Statement of decision
- 3022.5. Motion by parent for reconsideration of child custody order after conviction of spouse for false accusation of child abuse against parent
- 3023. Sole contested issue or order for separate trial on issue; preference for trial date
- 3024. Notice to other parent of change of residence of child
- 3025. Parental access to records
- 3025.5. Psychological evaluations of children; confidentiality; exceptions; confidential information contained in child custody evaluation reports
- 3026. Family reunification services
- 3027. Allegations of child abuse or child sexual abuse
- 3027.1. False accusations of child abuse or neglect during child custody proceedings; knowledge; penalties
- 3028. Compensation; failure to assume caretaker responsibility; thwarting of other parent's visitation or custody rights; attorney's fees
- 3027.5. Sexual abuse of child; report or treatment; limitations on custody or visitation
- 3029. Noncustodial parent's liability for support if custodial parent is receiving AFDC assistance; order
- 3030. Sex offenders; murderers; custody and visitation; child support; disclosure of information relating to custodial parent
- 3030.5. Modification or termination of order for physical or legal custody or unsupervised visitation order; sex offenders required to be registered
- 3031. Protective or restraining orders; findings; transfer of children; detail specific custody or visitation orders; required presence of third party
- 3032. Pilot program to provide interpreter in child custody or protective order cases; lack of English proficiency and financial ability of party; report to legislature
- CHAPTER 2 Matters to be Considered in Granting Custody
- 3040. Order of preference
- 3041. Custody award to nonparent; findings of court; hearing
- 3041.5. Controlled substances or alcohol abuse testing of persons seeking custody or visitation; grounds for testing; confidentiality of results; penalties for unauthorized disclosure
- 3042. Preference of child; custody or visitation; examination of child witnesses; addressing the court; means other than direct testimony; determination of wish to express preference; rule of court
- 3043. Nomination of guardian by parent
- 3044. Presumption against persons perpetrating domestic violence
- 3046. Party absence or relocation from residence; consideration; interference with contact; application
- 3047. Military duty, temporary duty, mobilization, or deployment as justification; modification of custody or visitation orders; ability to appear at hearing; relocation of nondeploying parent; deployment as basis for inconvenience; legislative intent
- 3048. Required contents for custody or visitation orders; risk of child abduction; risk factors and preventative measures; notation of preventative conditions on minute order of court proceedings; Child Abduction Unit; child custody order forms
- CHAPTER 3 Temporary Custody Order During Pendency of Proceedings
- 3060. Petition for temporary custody order
- 3061. Agreement or understanding on custody; temporary custody order
- 3062. Ex parte temporary custody orders; hearing; extension of order if responding party avoiding jurisdiction
- 3063. Order restraining removal of child from state
- 3064. Restrictions on ex parte orders granting or modifying custody order
- CHAPTER 4 Joint Custody
- 3080. Presumption of joint custody
- 3081. Application by parents; custody investigation
- 3082. Statement of reasons for grant or denial
- 3083. Contents and construction of joint legal custody order
- 3084. Rights of parents to physical control of child
- 3085. Grant of joint legal custody without joint physical custody
- 3086. Orders of joint physical custody or joint legal custody; designation of primary caretaker and primary home of child
- 3087. Modification or termination of joint custody order; statement of reasons
- 3088. Modification of custody order to joint custody order
- 3089. Conciliation court; consultation by court or parties
- CHAPTER 5 Visitation Rights
- 3100. Joint custody orders; visitation rights; domestic violence prevention orders; transfer of children; detail specific orders; confidentiality of shelter locations
- 3101. Stepparent's visitation rights
- 3102. Deceased parent; visitation rights of close relatives; adoption of child
- 3103. Grandparent's rights; custody proceeding
- 3104. Grandparent's rights; petition by grandparent; notice; protective order directed to grandparent; rebuttable presumptions; conflict with rights of non-party birth parent; change of residence of child; discretion of court
- 3105. Former legal guardians; visitation rights
- CHAPTER 7 Action for Exclusive Custody
- CHAPTER 11 Mediation of Custody and Visitation Issues
- Article 1. General Provisions
- 3160. Mediators; availability; duties of court
- 3161. Purpose of mediation proceedings
- 3162. Uniform standards of practice; contents; adoption by judicial council
- 3163. Local rules; development
- 3164. Qualifications of mediators
- 3165. Continuing education; clinical supervisors of evaluators, investigators, and mediators
- Article 2. Availability of Mediation
- 3170. Setting matters for mediation; guidelines for handling domestic violence cases
- 3171. Stepparent or grandparent visitation; setting matter for mediation; waiver of parental right to object or require a hearing
- 3172. Paternity disputes; availability of mediation proceedings
- 3173. Mediation of disputes relating to existing custody or visitation orders; filing of petition
- Article 3. Mediation Proceedings
- 3175. Setting matter before or concurrent with hearing
- 3176. Notice of mediation and hearing
- 3177. Confidentiality of proceedings
- 3178. Restrictions on mediation agreements
- 3179. Modification of agreements
- 3180. Duties of mediators
- 3181. Domestic violence history between the parties; separate meetings; intake forms
- 3182. Authority of mediators; exclusion of counsel; exclusion of domestic violence support person
- 3183. Child custody recommending counseling; written report provided to parties and counsel; investigation when agreement not reached; restraining order to protect child well-being
- 3184. Appointment of counsel to represent minor child; recommendations
- 3185. Failure to reach mediation agreement; visitation rights hearing
- 3186. Report of agreement; confirmation or incorporation of agreement in order
- 3188. Confidential mediation program
- Article 1. General Provisions
- CHAPTER 12 Counseling of Parents and Child
- Chapter 1. General Provisions
- Part 3. Uniform Child Custody Jurisdiction and Enforcement
- Division 9. Support
- Chapter 1. Duty of Parent to Support Child
- Part 2. Child Support
- Part 3. Spousal Support
- Chapter 2. Factors to be Considered in Ordering Support
- 4320. Determination of amount due for support; considerations
- 4324. Attempted murder or soliciting the murder of spouse; prohibited awards
- 4324.5. Violent sexual felony; domestic violence felony; prohibited awards
- 4325. Temporary or permanent support to abusive spouse; rebuttable presumption disfavoring award; evidence
- 4336. Retention of jurisdiction; application of section
- Chapter 2. Factors to be Considered in Ordering Support
- Division 10. Prevention of Domestic Violence
- Part 1. Short Title and Definitions, Select Sections between 6200-6219
- Part 2. General Provisions, Secs. 6220-6228
- Part 3. Emergency Protective Orders
- Part 4. Protective Orders and Other Domestic Violence Prevention Orders
- CHAPTER 1. General Provisions, Secs. 6300-6306
- CHAPTER 2. Issuance of Orders
- Article 1. Ex Parte Orders, Secs. 6320-6327
- 6340. Ex parte orders; survival of custody, visitation, or support order following expiration of protective order; alternative methods of service; court statement upon denial
- Article 2. Orders Issuable After Notice and Hearing, Secs. 6341-6347
- Article 3. Orders Included in Judgment, Secs. 6360-6361
- CHAPTER 3. Registration and Enforcement of Orders, Secs. 6380-6389
- PART 5. Uniform Interstate Enforcement of Domestic Violence Protection Orders Act, Secs., 6400-6409
- Labor Code
- Division 2. Employment Regulation and Supervision
- Part 1. Compensation
- Chapter 1. Payment of Wages
- Article 1. General Occupations
- 230. Jury duty; legal actions by victims of domestic violence, sexual assault, or stalking; employer prohibited from discharging or discriminating against employee for taking time off for court appearance or due to employee’s status as a victim; advance n
- 230.1. Employers with 25 or more employees; victims of domestic violence, sexual assault, or stalking; employer prohibited from discharging or discriminating against employee for taking time off for specific purposes; advance notice; confidentiality; rein
- Article 1. General Occupations
- Chapter 1. Payment of Wages
- Part 1. Compensation
- Division 2. Employment Regulation and Supervision
- Penal Code
- Preliminary Provisions
- Part 1. Of Crimes and Punishments
- Title 7. Of Crimes Against Public Justice
- Title 8. Of Crimes Against the Person
- Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals
- Chapter 1. Rape, Abduction, Carnal Abuse of Children, and Seduction
- 261. "Rape" defined
- 261.5. Unlawful sexual intercourse with person under 18; age of perpetrator; civil penalties
- 262. Rape of a spouse; elements; conditions of probation; fines, payments, or restitution
- 261.6. Consent; current or previous dating or marital relationship; admissibility of evidence or burden of proof
- 261.7. Evidence that victim requested that defendant use condom or other birth control device; consent
- 264.1. Rape or penetration of genital or anal openings by foreign object, etc.; acting in concert by force or violence; punishment
- 266c. Unlawful sexual intercourse, sexual penetration, oral copulation, or sodomy; consent procured by false or fraudulent representation with intent to create fear; punishment
- Chapter 2. Abandonment and Neglect of Children
- Chapter 4. Child Abduction
- Chapter 5. Bigamy, Incest, and the Crime Against Nature
- Chapter 1. Rape, Abduction, Carnal Abuse of Children, and Seduction
- Title 11.5 Criminal Threats
- Title 13. Of Crimes Against Property
- Chapter 7. Extortion
- Chapter 8. False Personation and Cheats
- 528.5. Impersonation through Internet Web site or by other electronic means proscribed; Punishment
- 529. Performance of certain acts in false character
- 530. Receiving money or property as result of false personation
- 530.5. Unauthorized use of personal identifying information; Mail theft
- 530.7. Identity theft
- 530.8. Access to information and records related to unauthorized use of identifying information; Statement and request; Petition on failure to produce; Service and hearing; Action for damages or relief; Penalty; Attorney's fees
- 531a. Fraudulent execution or filing of instrument purporting to convey real property
- 532. Fraudulently obtaining money, property or labor
- 532a. False financial statements
- Title 15. Miscellaneous Crimes
- Part 6. Control of Deadly Weapons
- Title 2. Weapons Generally
- Division 3.2. Gun Violence Restraining Orders
- Chapter 1. General
- Chapter 2. Temporary Emergency Gun Violence Restraining Order
- Chapter 3. Ex Parte Gun Violence Restraining Order
- 18150. Petition by immediate family member, employer, coworker, teacher, or law enforcement officer
- 18155. Grounds for gun violence restraining order; examination by court
- 18160. Ex parte gun violence restraining order; contents; service
- 18165. Hearing to determine issuance of restraining order; timeframe
- Chapter 4. Gun Violence Restraining Order Issued After Notice and Hearing
- Division 3.2. Gun Violence Restraining Orders
- Title 4. Firearms
- Title 2. Weapons Generally
- Welfare and Institutions Code
