The Legal Definition of Domestic Violence in California and Who Counts as a Victim

In everyday life, the term “domestic violence” can be applied to various crimes and cover a broad range of intimate relationships. However, in California, the legal definition of domestic violence

is much narrower. In short, you can be only charged with domestic violence for the crimes of battery or corporal injury when committed against a former or current romantic partner.

Who Counts as a Victim of Domestic Violence?

To learn the legal definition of domestic violence, you first need to understand who counts as a victim. Both battery and corporal injury are considered a domestic violence crime if the victim has any of the following relationships to the defendant:

• Spouse
• Someone who is cohabitating (living with) the defendant
• Parent of the defendant’s child
• Former spouse or fiancée
• Someone who is currently dating or who used to date the defendant

In California, domestic violence charges are reserved for abuse within a current or previous romantic relationship. Crimes of child abuse, child neglect, and elder abuse are not considered domestic violence offenses.

Battery Charges

In California, nattery requires the purposeful and unlawful use of force against another – or put more simply, any physical contact that isn’t in self-defense. Simple battery does not require that the victim was injured – a light shove or an unwelcome grab to the arm can both be considered enough physical contact to bring a battery charge.

What Are the Penalties for Battery as Domestic Violence?

A person convicted of a battery charge with a domestic violence enhancement can face up to a year in jail (versus a maximum of six months for simple battery).

In addition, a person placed on probation or who is given a suspended sentence after a battery as domestic violence conviction will be required to complete a “batterer’s treatment program” or another counseling program (determined by a judge) for a least a year. Additional consequences could include the loss of child custody and the loss of the right to a firearm.

Corporal Injury Charges

In the context of domestic violence, “corporal injury” charges are similar to the crime of “battery with serious bodily injury.” This offense requires that the victim was injured in some way. Examples of injuries may include any of the following when caused by physical force:

• Any wound
• Any external or internal injury
• Strangulation or suffocation, whether minor or major

What Are the Penalties for Corporal Injury as Domestic Violence?

Corporal injury charges brought as domestic violence are a felony. In addition to a $6,000 fine, defendants face up to one year in county jail or between two and four years in state prison.

If a defendant is convicted of a second offense within seven years of the first, the maximum penalty increases to five years in state prison and a $10,000 fine.

Other penalties associated with a conviction may include a restraining order prohibiting any contact with the victim for a period of up to ten years.

What Are Defenses To Domestic Violence Charges?

The same defenses apply to domestic violence charges as would apply to any other battery charge. Because battery requires some form of physical contact that is both intentional and unlawful, the two primary defenses are that the physical contact was either accidental or committed in self-defense.

If you’ve been accused of domestic violence or any other form of battery or corporal injury, an experienced criminal defense lawyer in Los Angeles, CA, can help decide which defenses are the strongest in your case. Your attorney will share your side of the story and present legal arguments on your behalf.

The Chambers Law Firm will advocate for your rights if you’ve been charged with domestic violence. We have substantial experience representing clients who have been arrested for a range of California crimes, both minor and serious. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free case evaluation with a criminal defense attorney in Los Angeles, CA.