California Domestic Violence Laws: Is it Domestic Violence if You are Not Dating the Victim?

When someone mentions domestic violence you probably imagine a scenario where a husband performs an act of violence against his wife. However, California domestic violence laws are broader than that. You don’t have to be married to be accused of domestic violence.

Domestic Battery (California Penal Code 243(e)(1))

In order to be convicted of domestic battery in violation of Penal Code 243(e)(1), the prosecution must prove that:

• You willfully and unlawfully touched another person; AND
• That touching was either harmful or offensive; AND
• The person whom you touched was either your:
  • Spouse or former spouse
  • Cohabitant or former cohabitant
  • Fiancé or former fiancé
  • Your current or former girlfriend or boyfriend
  • The biological mother or father of your child despite your prior relationship

It does not matter whether a romantic relationship ever existed between you and the alleged victim, nor does the law require that you live where the incident took place.
“Cohabitants” means roommates, any children living in the household, or anyone living under the same roof regardless of your relationship.

Here are some examples of conduct that could lead to domestic battery charges:

• Your show up at your ex-girlfriend’s place after a recent breakup to collect some of your things. She won’t let you in so you break down the door to her place and she is injured due to your actions.
• You push your fiancé who is blocking the doorway in an attempt to leave to avoid a fight.
• You are annoyed that your roommate drank all of your milk and left the empty container out on the counter, so you throw it and hit him or her in the face.

You should note that it is not required that you cause any physical injury to the alleged victim. All that is required is that there is some application of force, no matter how slight, so long as it is carried out in a way that would be offensive a person of ordinary sensibilities.

California Domestic Violence Laws

A stereotypical domestic battery incident between spouses or intimate partner could lead to criminal charges. Under California Penal Code 273.5, you could be charged with corporal injury on a spouse or cohabitant if you unlawfully and violently strike your spouse or partner causing any slight visible injury.

This crime differs from domestic battery in that you must cause injury. However, like domestic battery, it is not limited to marital couples. A PC 273.5 violation is potentially more serious because it could be charged as a felony, while domestic battery under PC 243(e)(1) is always a misdemeanor.

In addition, you could be charged with other related domestic violence crimes depending on the facts of your case, including:

• Child endangerment (Penal Code 273(a)
• Child abuse (Penal Code 273(d))
• Elder abuse (Penal Code 368)
• Criminal threats (Penal Code 422)

Possible Defenses to Domestic Violence Charges

Some defenses our skilled attorneys have used to help our clients accused of domestic violence include:

• Self defense/defense of others – You reasonably believed your actions were necessary to prevent an imminent battery to yourself or another.
• Accidental touching – You did not willfully touch another but rather did not by accident.
• No harm resulted from the touching nor would a reasonable person be offended by it.
• The accusations against you are false.

Call the Domestic Violence Attorneys at Wallin & Klarich

If you or a loved one has been charged with domestic violence, you need to contact an experienced Wallin & Klarich criminal defense attorney immediately. At Wallin & Klarich, our skilled attorneys have been successfully defending clients facing domestic violence charges for over 40 years. We will meet with you immediately to review the facts of your case, and plan a defense strategy that will help you get the very best outcome possible.

With offices located in Los Angeles, Sherman Oaks, Torrance, Orange County, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich criminal defense attorney available to help you no matter where you work or live.

Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you call.

Email Us