PENAL CODE 243(e)(1) Spousal/Domestic Battery

Domestic Violence

There are two basic ways a prosecutor files domestic violence cases, both of which must involve a person committing an act against a spouse/family member, cohabitant, boyfriend/girlfriend, or the mother/father of their child. One important thing to remember is that if convicted of any domestic violence crime,  the person will be required to enroll in the 52-week Domestic Violence class, pay expensive fees/costs, and often times abide by a protective order.

The most common way a domestic violence charge is filed against a person is called a “simple battery.” See California Penal Code Section 243(e)(1). The prosecutor must prove beyond a reasonable doubt that the person willfully and unlawfully touched the alleged victim in a harmful or offensive manner. A common misconception is that there must be a visible injury or some sort of pain inflicted in order to prove a battery. The standard of what constitutes a battery is quite low. A slight touching in domestic violence case may be enough if it is done in a rude or angry way.  If convicted of a misdemeanor charge, the person faces up to a year in county

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