Battery On Spouse FAQs
California Battery On Spouse Frequently Asked Questions
My spouse hit me first and I was defending myself, but I was the only one who got arrested. What are my options?
I lived with the individual in my battery case, but they were not my spouse or significant other, are there special laws against striking a cohabitant?
My spouse does not want to press charges in my battery case. Can the D.A. still prosecute?
If the D.A. does prosecute against my spouses wishes, does this improve my chances of winning the case? Can my spouse testify on my behalf?
My spouse hit me first and I was defending myself, but I was the only one who got arrested. What are my options?
In any battery case, including domestic violence, self-defense is always a defense. Self-defense is an affirmative defense, which means that if you can prove it, it means you’re not guilty. However, with self-defense, the defendant’s acts must be reasonable and must not apply more force on the victim than necessary to defend him/her.
It will not be self-defense if one spouse gets slapped in the face, and retaliates by punching the other spouse and leaving them unconscious.
If you got arrested because you were acting in self-defense, you need an experienced and aggressive defense attorney representing you.
I lived with the individual in my battery case, but they were not my spouse or significant other, are there special laws against striking a cohabitant?
There are no special laws against striking a cohabitant. The law treats a cohabitant the same as they would a spouse.
My spouse does not want to press charges in my battery case. Can the D.A. still prosecute?
The D.A. can still prosecute you for battery on a spouse, even if your spouse does not want to press charges. It is in the D.A.’s discretion on whether to prosecute.
If the D.A. does prosecute against my spouses wishes, does this improve my chances of winning the case? Can my spouse testify on my behalf?
Your chances may have improved; however, this does not guarantee your freedom. The D.A. will be able to use evidence against you, including photos, statements made by your spouse, and even expert witnesses who will testify that an abused spouse will commonly retract his/her statement on in domestic violence cases. Therefore, you will still need an attorney to defend your case.
