California Penal Code 243(e)(1) PC defines domestic battery as using force or violence against a cohabitant, the other parent of your child, a current or former spouse, or a dating partner.
A conviction for this misdemeanor carries serious legal consequences, including probation, substantial fines, mandatory domestic violence classes, and the possibility of up to one year in county jail.
Notably, you can be convicted of domestic battery even without causing pain to or injuring the alleged victim. All that is required is the use of “force” or “violence” against them. In legal terms, "force" refers to physical power or strength, while "violence" is the use of physical force to harm someone. Domestic battery is a crime of domestic violence in California.
PC 243(e)(1) says, "When a battery is committed against a spouse, a person with whom the defendant is cohabiting, a person who is the parent of the defendant's child, former spouse, fiancé, or fiancée, or a person with whom the defendant currently has, or has previously had a dating or engagement relationship, the battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail for not more than one year, or by both that fine and imprisonment.
If probation is granted, or the execution or imposition of the sentence is suspended, it shall be a condition thereof that the defendant participates in, for no less than one year, and complete, a batterer's treatment program, as described in Section 1203.097, or if none is available, another appropriate counseling program designated by the court. However, this provision shall not be construed as requiring a city, a county, or a city and county to provide a new program or higher level of service as contemplated by Section 6 of Article XIII B of the California Constitution."
Domestic battery charges codified in Penal Code Section 243(e) PC is one of the most common forms of domestic violence-related charges in Los Angeles County.
It's defined as any willful and unlawful use of force or violence against another person. The alleged victim can be a current or former spouse, cohabitant, or a person with whom the defendant currently or previously dated or the parent of your child.
This domestic violence offense is considered a lesser charge to California Penal Code Section 273.5 PC corporal injury on a spouse, which involves more serious physical harm.
Notably, you can be arrested for domestic battery (also called spousal battery) if you use any force, no matter how slight. It does not require evidence of visible injuries to be arrested by the police and prosecuted by the district attorney.
You can be convicted of domestic battery charges if the alleged victim was not injured in any way. The only requirement is that you use force or violence against the victim.
It's crucial to understand that domestic violence-related offenses often lead to immediate arrest, with little evidence needed to support the allegations. After an arrest, your case will be assigned to a Los Angeles police detective, who will interview the alleged victim and gather additional statements.
It's essential to seek legal advice from a domestic violence attorney before making any statements to the police, as this could potentially harm your defense. Alleged victims of domestic battery cannot drop the charges. In 2020, California lawmakers passed a bill (SB 273) that extends the statute of limitations for domestic violence to five years.
A typical domestic battery crime occurs when a husband and wife become involved in a verbal argument, and he ends up grabbing her wrist or pushing her away. This example satisfies the legal definition of a domestic battery offense due to the fact he used force that could be considered offensive touching, even though she was not injured.
What is PC 243(e)(1) Domestic Battery?
In California, Penal Code 243(e)(1) defines the misdemeanor crime of domestic battery as "When a battery is committed against a spouse, cohabitant, fiancé, person with a current or past dating relationship, parent of the defendant's child."
Under California law, domestic battery is defined as any willful and unlawful touching that is harmful or offensive against any of the following people:
- Your current or former spouse or fiancé.
- Your current or former cohabitant.
- Engaged people.
- The mother or father of your child.
- An individual you have or used to have a dating relationship with.
The term “cohabitants” means two unrelated persons living together for a substantial period, resulting in some permanency in the relationship. It should be noted that a person may cohabit with two or more people during the same time frame.
The term “dating relationship” means frequent, intimate associations with an expectation of affection independent of financial considerations.
As noted, it can't be overstated that domestic battery charges don't require that the victim was injured. Another typical example includes a boyfriend pushing his girlfriend during an argument or a husband grabbing his wife's wrist to restrain her.
Many domestic violence cases are prosecuted without the victim's cooperation. This means that even in domestic violence cases where the victim refuses to testify, the prosecution can still obtain conviction without the victim's testimony.
What About a Restraining Order?
After you have been arrested for domestic battery, Los Angeles police will generally issue a restraining order or emergency protective order that prohibits you from communicating with the alleged victim. Violating a restraining order is a misdemeanor and can complicate your domestic battery defense.
An emergency protective order can be issued even if the alleged victim does not want it. Furthermore, after the protective order expires, the court will often issue another restraining order at your arraignment, which restores the no-contact provisions.
Modifications of the restraining order can be achieved with the legal assistance of a Los Angeles domestic violence attorney, but a modification would typically require support from the alleged victim.
What Must Be Proven to Convict?
To convict you, the Los Angeles County prosecutor must prove some aspects of the crime beyond a reasonable doubt, including the following:
- You willfully touched another individual.
- The touching was offensive or harmful.
- The individual you touched was a current or former intimate partner.
- You were not acting in self-defense or defense of another person.
Legally, the term “willful” means you acted on purpose. It does not require that you had intent to inflict injury or even break the law. The term “harmful or offensive touching” means an act that was done in an angry or even disrespectful manner. The slightest touching, if done rudely or angrily, can be enough to commit this crime.
Notably, you can even be guilty of domestic battery if you touched a partner indirectly. This means that you touched another person or object, and that person or object touched the victim.
What are the Penalties?
If convicted of the misdemeanor domestic battery in violation of California Penal Code 243(e)(1) PC, you are facing the following punishments:
- Up to one year in a county jail.
- A fine of up to $2,000.
- Misdemeanor summary probation.
If you are granted probation, you will receive a “suspended sentence” and be ordered to complete a 52-week batterers' treatment program. Penal Code 1203.097 PC defines this requirement as a condition of your probation. The court could also order you to participate in another counseling program.
You might also be ordered to pay a battered woman's shelter and expenses the victim had to pay due to your crime, commonly known as victim restitution. If you are a non-citizen, a domestic battery conviction might lead to deportation because it's a deportable crime under federal immigration laws.
Also, California law imposes a 10-year ban on owning or possessing a gun for a domestic battery conviction. Under Assembly Bill 818, police must temporarily confiscate any firearms at the scene of a domestic violence incident involving a threat to human life or a physical assault or when serving the alleged abuser with a domestic violence restraining order.
What Are Related Offenses for PC 243(e)(1)?
There are a wide range of California criminal offenses that are often associated with Penal Code 243(e)(1), including:
- Penal Code 136.1 PC – Intimidating a Witness. It's a crime to knowingly and maliciously prevent a victim or witness from providing testimony at trial. By law, it makes no difference if a defendant successfully prevented testimony.
- Penal Code 273.5 PC – Corporal Injury to a Spouse. It's defined as willfully inflicting a physical injury resulting in a traumatic condition on an intimate partner. Typically, the injuries are visible but could also include internal injuries.
- Penal Code 273.6 PC—Violating a Protective Order. Any intentional and knowing violation of a protective order is a misdemeanor punishable by up to one year in county jail and a fine of up to $1,000, or both jail and a fine.
- Penal Code 368 PC – Elder Abuse. This law defines elder abuse as the physical or emotional abuse, neglect, or financial exploitation of a victim 65 years of age or older. This offense can be prosecuted as a misdemeanor or a felony and is punishable by up to 4 years of jail or prison.
- Penal Code 422 PC – Criminal Threats. This law makes it a crime to communicate a threat to somebody that could result in great bodily injury or death, which is known as “criminal threats.”
- Penal Code 601 PC – Aggravated Trespassing. This law defines aggravated felony trespass as threatening to injure someone and then entering that person's home or workplace without permission within 30 days of making the threat.
- Penal Code 646.9 PC – Stalking. This law makes stalking a crime if you follow, harass, and threaten someone to the point that the person fears for their safety. Stalking can be charged as a misdemeanor or a felony. A conviction carries a penalty of up to 5 years in jail or prison.
- Penal Code 653m PC – Making Annoying Phone Calls. This law makes it a misdemeanor to harass or annoy someone through phone calls or electronic communications that are obscene, threatening, or repeated in nature. A conviction is punishable by up to 6 months in jail and a fine of up to $1,000.00.
- Penal Code 236 PC – False Imprisonment. This law defines false imprisonment as unlawfully restraining, detaining, or confining a person against their will. The crime can be charged as either a misdemeanor or felony and is punishable by up to three years in jail. This means intentionally detaining another person without a legal right to do so, and they aren't allowed to leave when they want to. There are certain situations when the prosecutor could be open to a reduced charge for domestic violence through plea negotiations.
What Are the Defenses for Domestic Battery
An experienced Los Angeles domestic battery defense lawyer from our law firm can utilize a variety of legal defenses against charges of domestic battery, such as the following:
- False allegation. It's not uncommon for people to be wrongly accused of domestic battery. Often, police will make an arrest based solely on the word of the alleged victim. Sometimes, the victim will make false allegations based on revenge, anger, jealousy, or in an attempt to gain an advantage in a child custody case.
- Touching was not willful. You can't be convicted of domestic battery if you didn't willfully touch the alleged victim. Sometimes, it may be possible to prove the touching was unintentional. This primary element of the crime is crucial, and a prosecutor won't be able to convict unless they can show it was willful touching.
- Self-defense. It might be possible to prove that you reasonably believed that you or another person was in imminent danger of suffering a bodily injury. Thus, you had a reasonable belief that you should use immediate force to defend yourself and did not use more force than necessary.
If you have been accused of violating California Penal Code Section 243(e)(1) domestic battery law, you must immediately retain a criminal defense attorney. A conviction will have a severe negative impact on your life for many years.
We are dedicated to obtaining the best possible outcome for our clients. With decades of combined experience practicing criminal law, we have a history of success defending people against any domestic violence-related charges.
If you have been arrested for domestic battery, you should make no statements to police detectives as you may unintentionally incriminate yourself. While the alleged victim might not support your arrest and prosecution on domestic battery charges, victims cannot drop the charges.
The decision on whether to proceed with a criminal domestic violence filing resides solely with the Los Angeles County District Attorney's Office. This means prosecutors can charge you with or without the alleged victim's cooperation. Contact us for a free case review. Cron, Israels & Stark is based in Los Angeles, CA.
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