Practice Area
Battery On Spouse Defenses – Penal Code Section 243
Battery on Spouse/Domestic Partner Defenses – Penal Code section 243
Self-Defense or Defense of Others
Self defense or defense of others are defenses you can raise when facing domestic violence charges. A defendant is not guilty of domestic violence if defendant can show:
- The defendant reasonably believed that he/she or another person was in imminent danger of suffering bodily injury or was in imminent danger of being touched unlawfully;
- The defendant reasonably believed that the immediate use of force was necessary to defend against that danger; and
- The defendant used no more force than was reasonably necessary to defend against that danger.
Consent
Consent may be a viable defense to domestic violence in the following circumstances:
- When the alleged victim invites the accused to commit a harmful contact on the alleged victim.
Intoxication
Intoxication may be a viable defense to domestic violence. Evidence to establish the intent is almost always circumstantial. The accused may offer evidence of intoxication on the issue whether he or she actually formed the required specific intent to commit a domestic violence.
