California police officers and prosecutors have a few options for handling domestic violence accusations. They often turn to “domestic battery” as defined in Penal Code § 243(e)(1) due to its breadth. Specifically, this statute can be used whenever the state has evidence of unwanted, intentional contact upon a current or former partner.

This statute is a double-edged sword. Police officers and prosecutors have a powerful tool for charging people with domestic violence. However, this statute can also be misused by alleged victims who make false accusations and prosecutors who overcharge individuals for justified, incidental, or unintentional contact.

California Domestic Battery Charges

California law defines simple battery as any intentional and unjustified use of “force or violence” against another person. California does not explain the difference between force and violence, but you can generally assume that these terms were used to broadly cover any contact, no matter how minor, that causes harm or offense. 

Notably, misdemeanor domestic battery does not require any of the following to result from the contact:

• Harm
• Pain
• Injury
• Visible wound

In other words, a jury can convict someone of battery if it reasonably finds that the contact could have been harmful or offensive, regardless of whether the contact actually harmed or offended the victim.

A battery can result from contact with the victim through an object. For example, throwing a plate at the victim can constitute a battery if it strikes them. Courts have also deemed deliberately spitting on the victim to qualify as a battery.

Battery can also occur when the accused makes contact with something connected with the alleged victim. Thus, you could face misdemeanor domestic battery charges for grabbing the victim's coat or knocking the phone out of their hand, even if your body never contacted their body.

Willful Intent

To prove battery, prosecutors must show that the contact was willful. This term excludes unintentional contact, such as accidentally falling on the victim or brushing against their clothing as you pass them.

However, the accused's intent can be inferred from the circumstances. Thus, suppose you argued with your ex-spouse and walked past them to reach the door. If you brushed their clothing, you might argue that the contact was unintentional. If your shoulders collided, prosecutors might argue, and a jury might believe, that you deliberately shoulder-checked them, thereby committing a battery.

Current or Former Relationship

A battery becomes “domestic” when it is perpetrated against any of the following victims:

• A spouse or ex-spouse
• A person who cohabits with the accused in a substantial relationship
• A co-parent
• A current or former fiancé or fiancée
• A person in a current or former dating relationship

Unlike some other states, domestic battery does not encompass other relationships, such as roommates or parents and their children. California's statute is limited to people who are involved in a romantic, but not necessarily sexual, relationship. Notably, the law was amended to cover all such relationships, regardless of the genders of the people involved.

Punishment for a Domestic Battery Conviction in California

A misdemeanor domestic battery charge carries a penalty of up to $2,000 in fines and up to one year in jail. However, a judge can impose a sentence for less than the maximum fine and jail time.

Additionally, a judge can impose probation or a suspended sentence instead of incarceration. If the court orders probation or a suspended sentence, it must require the accused to attend and complete a domestic violence counseling program for at least one year.

The court can also require the accused to contribute to a domestic violence shelter and pay restitution to the victim instead of a fine. When the court orders restitution, the victim will submit evidence of the expenses they incurred due to the accused's actions, including counseling fees.

The sentence for repeat offenders includes a minimum mandatory jail sentence of 48 hours unless the court finds good cause not to imprison the accused. Repeat offenders can include anyone previously convicted of misdemeanor domestic battery or felony domestic corporal injury.

Defenses Against California Domestic Battery Charges

The defenses against domestic battery can disprove a necessary element of the offense or establish that any force was justified. 

For example, you can defend against a domestic battery charge if you never made contact with the alleged victim or if you made unintentional contact. Similarly, you can present evidence that you were justified in using force because you were defending yourself.

Keys to California's Misdemeanor Domestic Battery Law

California defines domestic battery very broadly. Fighting these charges often involves disproving that intentional force or violence occurred or establishing self-defense.

At the same time, this offense is a misdemeanor, and the statute expressly allows probation. Thus, this offense can also be used to plead down from felony domestic corporal injury charges, giving the accused a chance to deal with their charges without a felony conviction.