Domestic Battery: Penal Code Section 243

In California a "battery" is "any willful or unlawful use of force upon the person of another." A "domestic battery" occurs when the victim is in a special relationship with the defendant. California's domestic battery law, Penal Code Section 243, makes a battery a "domestic battery" when the victim is the  spouse, ex-spouse, cohabitant, parent of the defendant's child, fiancé, fiancée, or in a dating relationship with the defendant. Any domestic violence lawyer in Orange County will tell you that domestic battery conviction draws harsher punishment than an ordinary battery.



While ordinary battery, (California Penal Code Section 242), is punishable by up to six months in the Orange County jail, domestic battery is punishable by up to a year behind bars. Moreover, anyone convicted of domestic battery MUST successfully complete a 52-week batterer's treatment program. This is a mandatory term of probation under California's domestic battery sentencing scheme. Also, a defendant convicted of domestic battery will usually be subject to a "domestic violence protective order" for the length of probation. Probation will last from three to five years. During this time, the defendant's contact with the victim will be limited or prohibited all together by the protective order.



If a defendant has a prior conviction for domestic battery or other crime of domestic violence, such as "corporal injury" or "child endangerment", then a new conviction for domestic battery will require mandatory jail time. Also, if the victim suffered "serious bodily injury", then the domestic battery can be charged as either a misdemeanor or as a felony (called a "wobbler"). A felony conviction for domestic battery can be punished by up to four years in the California State Prison. Aside from the possibility of jail or prison time, a domestic battery conviction on a person's criminal record may have long-term consequences on employment and reputation.



Domestic violence lawyers are familiar with proven and successful defenses to the charge of domestic battery. Lack of a "special relationship", self-defense, defense of property, and false accusation are all defenses used by domestic violence attorneys to successfully defend a charge of domestic battery. If you would like to speak to an experienced Orange County domestic violence attorney call The Law Offices of EJ Stopyro at (949) 559-5500. We offer a free and confidential telephonic consultation with an experienced attorney.