Battery Against a Spouse or Cohabitant
Penal Code - § 243(e)(1)
BATTERY AGAINST A SPOUSE UNDER PENAL CODE § 243(e)(1)
A “battery” is the unlawful application of force against another person which results in either an offensive touching or actual physical injury.
Penal Code § 243(e)(1) defines the crime of domestic battery. Domestic battery occurs when a battery is committed against any of the following:
Penal Code § 243(e)(1) defines the crime of domestic battery. Domestic battery occurs when a battery is committed against any of the following:
- A spouse
- a person with whom the defendant is cohabiting
- a person who is the parent of the defendant’s child
- former spouse
- fiancé or fiancée
- a person with whom the defendant currently has, or has previously had, a dating or engagement relationship
PUNISHMENTS FOR BATTERY AGAINST A SPOUSE
Battery is punishable by a fine of up to $2,000 or by imprisonment in a county jail for a period of not more than one year, or by both that fine and imprisonment.
If probation is granted, or the execution or imposition of the sentence is suspended, the defendant will be required to participate in, for no less than one year, and successfully complete, a batterer’s treatment program.
DEFENSES TO BATTERY AGAINST A SPOUSE
There are many defenses to battery. For example, if you lacked the necessary intent to commit a battery, the prosecution may not be able to prove all of the elements. Similarly, a person who acts in self-defense may be able to defeat a charge under Penal Code § 243(e)(1).
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