Domestic Violence Attorney

Domestic Battery is defined under Penal Code 243(e)(1) as the willful and illegal touching of an intimate partner that is harmful or offensive. https://www.sddvattorney.com While domestic battery is often referred to in common terms as spousal battery, battery does not need to be committed against a spouse to qualify under PC 243(e)(1). Instead, violence can qualify as domestic battery if it occurs between any two people who have/had an intimate relationship. An intimate partner can be a person’s current spouse or former spouse, current cohabitant or former cohabitant, current fiancée or former fiancée, current dating partner or former dating partner, or someone with whom a person has a child. It is possible for a defendant to be declared guilty of domestic battery even if the alleged victim does not sustain a visible injury of any kind, as the law only requires the use of force against an intimate partner for an action to be deemed domestic battery. This factor is what makes domestic battery under PC 243(e)(1) distinct from PC 273.5, which involves domestic violence that results in a serious injury.

Domestic battery is never an easy crime to deal with, as it involves harm between people who are or were involved in intimate relationships, and all of the tension that comes with that sort of situation. Sadly, it is not uncommon for people in fractured relationships to falsely accuse their current/former partner of domestic battery as a method of retaliation, as domestic battery is a type of crime that is often committed without any witnesses. If one finds oneself in this kind of situation, don’t hesitate to reach out to Domestic Violence Attorney at 619-393-8588. Our skilled attorneys are experts at handling domestic battery cases in the San Diego area, and will provide you with the best representation possible in order to make sure your civil rights are respected. While the best thing you can do if you are dealing with a situation involving domestic battery is to pick up the phone and contact an attorney, it is also probably advisable to learn about domestic battery. Continue reading below to gain a basic understanding of domestic battery in California.