Domestic Battery Violence

Domestic battery violence is a charge that falls under the heading of domestic violence. Domestic battery charges under Section 243(e) of the California Penal Code are defined as any willful and unlawful use of force or violence against another person with whom you have cohabitated or with whom you have had an intimate relationship. And it is one of the most common forms of domestic violence-related charges in California.

In these types of cases, the alleged victim can defined as the following:

• Current or former spouse
• Fiancé
• Cohabitant
• Person the defendant is currently dating or previously dates
• Parent of the defendant’s child

Under Section 243(e) of the California Penal Code, you can be arrested for domestic battery if you use any type of force, no matter how insignificant. No visible injuries are required for you to be charged and arrested; in fact, domestic battery charges do not require the victim to actually be injured. Moreover, domestic violence-related offenses frequently result in an automatic arrest with very little evidence proving your guilt. And alleged victims cannot drop the charges once they are filed.

Domestic battery is a misdemeanor offense unless there are serious bodily injuries or other aggravated circumstances. If you are convicted of misdemeanor domestic battery charges, the sentences include up to one year in a Los Angeles County jail, a $2,000 fine, and probation.

The requirements of probation will include completion of a one-year batterer’s treatment program. Additionally, you could be required to pay any reasonable expenses that the victim incurred as a result of the domestic battery offense, such as counseling.

If charged with a felony, you may be sentenced to up to 4 years in state prison, longer depending upon the seriousness of the victim’s injuries and any prior convictions you may have.

Tell Us About Your Case

If arrested for domestic battery, Orange County police will typically issue an emergency protective order or criminal protective order.

In order to prove that a defendant is guilty of domestic battery, the prosecutor must be able to prove the defendant touched the victim in a harmful or offensive manner, and prove that the victim was a cohabitant, fiancé, or current or former spouse, co-parent, or person with whom the defendant had a previous dating relationship.

Evidence is one of the most crucial aspects of these types of cases and can be to your benefit or detriment.  Evidence useful to your case may include:

• Witnesses
• Photos
• Copies of text messages or email regarding the incident
• Social media messages
• Telephone records
• Copies of all medical reports regarding any physical injuries to the victim and alleged offender
• Any physical evidence such as torn clothing or other materials related to the victim’s claims

Consult with a criminal defense attorney before making any statements to police detectives.  It’s possible you may incriminate yourself and make your legal defense difficult. Police detectives will do their best to build a solid case against you to obtain a conviction. Don’t be fooled by their kindness, they are not on your side.

Domestic battery penalties can range from a stiff fine to significant jail time depending upon whether the charges are a misdemeanor or felony offense. The best-case scenario would be a dismissal or other negotiated offer rather than incarceration.

Your Defense

The decision to criminally charge you with domestic battery resides with the Orange County District Attorney’s Office or local City Attorney offices. The success of your defense also requires that you consult with a skilled, competent domestic violence defense attorney. They can identify evidence that supports your defense and work to dispute evidence that does not.

An experienced criminal defense lawyer can utilize a variety of legal defenses. Legal strategies to contest domestic battery cases may include:

• The accused acted in self-defense.
• The defendant did not commit a willful act.
• The defendant was falsely accused.

An immediate consultation regarding your case is available.