Understanding Burquet v. Brumbaugh: How California Courts Define Emotional Abuse in Domestic Violence Law?
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A recent case has again come down from the Appellate Courts, upholding the broad definition of abuse. In Burquet v. Brumbaugh (2014), the parties were in a dating relationship until she announced the relationship was over and terminated their relationship. This is when the ex-boyfriend started to get into trouble. He continued to contact her seeking to have her reconsider her position. She continued to request that he not contact her. Despite her request, he continued to contact her and attempt reconciliation. Not only did he ignore her requests, but his communications became more and more inappropriate, and his temper would flare. Refusing to take no for an answer, he appeared at her house unannounced and uninvited. He continued to pledge his love for her. She had had enough by this time and told him to leave or she would call the police. After about 10 minutes, he finally left. Thereafter, she went to court to obtain a restraining order. The trial court granted the restraining order based on Family Code, 6320(d), which allows a restraining order to be issued when evidence is presented that shows the restrained person disturbed the peace of the other party.
The basics of the appeal are that disturbing the peace is not defined by the legislature, and the court should follow the definition as outlined in a criminal case, which says disturbing the peace is disrupting public order by acts of violence or threats of violence. The court went on to look at the broad definition of ‘abuse’ provided by the legislature and then the common understanding and definitions of disturb and peace, and concluded that the phrase disturbing the peace is properly understood as ‘conduct that destroys the emotional or mental calm of the other party’.
The bottom line is, this case is another that shows how serious the legislature and courts are when considering domestic violence and that they err, if at all, on the side of a broad definition rather than the narrower view.
What is ‘Disturbing the Peace’ in Domestic Violence Law?
Definition of ‘Disturbing the Peace’ in Family Law
In the context of California Family Law, disturbing the peace refers to conduct that disrupts the emotional or mental well-being of another person within an intimate or familial relationship. This broader interpretation protects victims from non-physical forms of abuse.
Examples of Behavior Considered as Disturbing the Peace
- Unwanted contact after a breakup.
- Verbal threats or intimidation.
- Emotional abuse like gaslighting, guilt-tripping, or public humiliation.
- Stalking behaviors (appearing uninvited, repeated calls/texts).
- Coercive control (restricting finances, social interactions).
The Legal Framework: California Family Code 6320(d) Explained
Scope of Family Code 6320(d)
This statute allows courts to issue a Domestic Violence Restraining Order (DVRO) when there is evidence that the restrained person has disturbed the peace of the protected party. Notably, no physical violence is required; emotional or psychological harm is sufficient.
Evidence Considered in DVRO Cases
- Text messages, emails, or voicemails showing harassment.
- Police reports or witness statements.
- Patterns of behavior (e.g., persistent contact after breakup).
- Testimony from the victim.
Understanding ‘Abuse’ Beyond Physical Harm
Forms of Abuse Recognized by Law
- Physical abuse (hitting, pushing).
- Emotional abuse (verbal threats, humiliation).
- Psychological abuse (gaslighting, manipulation).
- Financial abuse (restricting access to money).
- Coercive control (isolation, intimidation).
Emotional and Psychological Abuse as Legal Grounds
As confirmed in Burquet v. Brumbaugh, emotional and psychological harm alone can justify a restraining order.
Other Landmark Cases in Domestic Violence Law
- People v. Johnson: Recognized verbal threats and intimidation as abuse.
- Marriage of Nadkarni: Email harassment is considered disturbing the peace.
- Conness v. Conness: Pattern of stalking and intimidation established legal grounds for DVRO.
Civil vs. Criminal Proceedings in Domestic Violence Cases
Key Differences in Legal Process
| Aspect | Civil DVRO | Criminal Case |
|---|---|---|
| Initiator | Victim | State (Prosecutor) |
| Goal | Protection of the victim | Punishment of the offender |
| Burden of Proof | Preponderance of the evidence | Beyond a reasonable doubt |
| Outcome | Restraining order | Jail, fines, probation |
Both processes can run simultaneously.
How to Obtain a Domestic Violence Restraining Order in California
Step-by-Step Guide
- Complete Form DV-100 at your local family court.
- Provide evidence (texts, emails, photos, police reports).
- Request a Temporary Restraining Order (TRO) if urgent.
- Attend the hearing, and the judge will decide on the final DVRO.
- If granted, the DVRO may last up to 5 years (renewable).
Important Considerations
- No physical violence required.
- Emotional distress is valid.
- Legal aid is available for victims. Check the Judicial Council of California’s resources.
Recognizing Early Signs of Emotional Abuse
Common Patterns and Behaviors
- Constantly checking in or showing up uninvited.
- Jealousy, possessiveness, and controlling behavior.
- Threats (to harm themselves, you, or others).
- Excessive messaging, monitoring, or intimidation.
- Isolation from friends, family, or support systems.
Prevention and Early Action
- Trust your instincts.
- Document behaviors.
- Seek help from domestic violence hotlines and legal resources.
FAQs on Domestic Violence Restraining Orders
What is a DVRO?
A Domestic Violence Restraining Order (DVRO) is a legal protection that prevents an abuser from contacting or approaching the victim.
Can I get a restraining order without physical violence?
Yes. California law protects against emotional, psychological, and verbal abuse.
How long does a DVRO last?
Temporary orders last 21–25 days; final orders can last up to 5 years.
What evidence is needed?
Texts, emails, voicemails, witness statements, photos, police reports.
What happens if someone violates a restraining order?
They may face arrest, criminal charges, fines, or jail time.
Can AI-generated evidence impact DV cases in the future?
Yes, AI voice or text manipulation could raise evidentiary challenges in future cases, requiring courts to adapt legal standards for digital forensics.
Get Legal Help with Domestic Violence Matters
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Need immediate help? Contact the National Domestic Violence Hotline at 1-800-799-SAFE.
