Domestic battery can only be charged in certain situations.
October is Domestic Violence Awareness Month. At the Chambers Law Firm, we understand just how serious domestic violence can be, whether it involves physical abuse, emotional abuse, reproductive coercion, or another type of violence or abuse. At the same time, we recognize that domestic violence charges are not always what they seem.
In California, there are a number of criminal charges related to domestic violence. One of the most common charges is for domestic battery. According to a criminal lawyer in Rancho Cucamonga, CA, domestic battery can be charged if (1) a accused willfully touches another person; (2) that touching was harmful or offensive; and (3) the person who was touched is a current or former intimate partner of the accused.
Touching someone willfully means that you did it on purpose. It does not require proof that you intended to hurt someone or to break the law. The touching must be harmful or offensive, which means that it is done in a disrespectful or angry manner. For purposes of California’s domestic battery law, this touching does not have to cause bodily harm or even pain. If a accused uses force against the alleged victim in a way that is angry or disrespectful, they can be charged with domestic battery.
Significantly, domestic battery can only be charged with the alleged victim is a current or former intimate partner of the accused. Under California law, an intimate partner is defined as:
- A spouse or former spouse;
- A fiancée;
- A person who is the parent of the accused’s child;
- A person who is dating or who dated the accused;
- A person who the accused lives or lived with as an intimate household member (i.e., more than roommates).
While a person can be charged with a crime for physically harming someone who is not an intimate partner, the standards are different. Because domestic violence is viewed as a unique problem in California, there are special laws that exclusively apply when there is some type of harm or contact between intimate partners.
Domestic battery is a misdemeanor offense. A conviction for domestic battery may be punished by a jail term of up to 1 year, and/or a fine of up to $2,000. You may also receive probation instead of jail time, and be required to attend a batterer’s treatment payment and/or pay up to $5,000 to a battered woman’s shelter, and/or any expenses that the victim incurred as a result of the crime.
There are a number of potential defenses to a charge of domestic battery. For example, your criminal lawyer in Rancho Cucamonga, CA may argue — based on the facts of the case — that the charge against you is false, and was made for another reason (such as to win a custody battle). Alternatively, if you did not act willfully, the charge may be dismissed. For example, if you brushed against your partner as you left the room, that may not be considered a willful offensive touching. However, if you angrily pushed your partner on your way out of that room, that may be enough to convict you of domestic battery.
Domestic violence cases are often complex and emotionally charged. If you have been arrested for domestic battery or any other offense, we can help. Contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with a member of our team.
