As outlined in PC 243, domestic battery is a crime that drastically alters the defendant’s life following a guilty charge. The defendant is subject to various penalties and programs after being released from a holding facility with a domestic battery charge.
Penal Code 243
California PC 243 Section E defines domestic battery as an act of violence against a person or their property with a domestic relationship to the aggressor. Section E also defines associated penalties To provide a background on domestic batteries, it is essential to understand the definition of battery. Battery is outlined as a physical act that results in harmful or offensive contact with another person without that person’s consent. Domestic battery is the act of battery committed against a person with the following relations to the defendant:
- A spouse
- A person who coinhabits a residence or lives with the defendant
- A parent of the defendant’s child
- A former spouse
- One who engages in a dating relationship with the defendant
- A dating relationship between victim and defendant is defined as intimate associations that occur regularly under this law. They are characterized by the expectation of affection or sexual involvement, but it is not dependent upon financial bearing.
- A fiancé
Under PC 243, any persons who foster the above relationships with the defendant are liable for the following penalties in the event of a guilty domestic battery charge:
- A fine of up to $2,000
- Imprisonment in county jail for up to one year
- Probation with the accompaniment of one or more of the following accompaniments:
- batterers treatment program
- court-approved counseling program
- A payment to a battered women’s shelter up to $5,000
- Reimbursement of the victim for counseling or other expenses that the court decides directly to result from the defendant’s punishable offenses. If the defendant is unable to pay reimbursement fees in addition to payments to the battered women’s shelter, the court will prioritize the reimbursement fees.
- If the defendant has previous felony convictions or is listed on the California sex offender registry, they will be imprisoned for an additional 48 hours or more along with the penalties mentioned above they receive in court.
Domestic Battery Vs. Domestic Violence
Domestic battery and domestic violence are both aggressive crimes committed against a close intimate partner or family member of the defendant. Domestic battery was previously defined as harmful or offensive conduct against the victim’s consent. Domestic violence, however, involves a higher level of offense or aggression. Domestic violence is the abuse or threat against someone the defendant fosters an intimate relationship with, shares a child with, is married to, or shares a domestic partnership with. The definition of abuse in regards to the definition of domestic violence indicates all of the following actions:
- Physically hurting or trying to hurt the victim, intentionally or recklessly.
- Causing the victim to feel unreasonably afraid of their own or another person’s safety
- Harassing
- Stalking
- Threatening
- Hitting, shoving, pushing, pulling hair, throwing objects
- Disturbing the peace of another person
- Destruction of private property
- In exceptional cases, a judge may deem abuse of household pets as domestic violence.
Domestic violence indicates that the aggressor threatened a greater degree of safety against the victim than domestic battery. These charges can be based upon physical, mental, and emotional behavior.
Alternatives to a Domestic Battery Lawsuit
There are several ways victims can seek help or intensify safety measures for themselves or on behalf of a child under the age of 12 years old. One of the most common ways victims seek extra-legal protection is through restraining orders.
Restraining Orders
There are three main types of restraining orders that may be used in a domestic battery case:
- Temporary Restraining Order
- Temporary restraining orders last between 20 and 25 days
- Permanent Restraining Order
- Permanent Restraining Orders, despite their title, typically last up to five years.
- Stay Away Order
- For the victim to obtain a stay-away order or criminal protective order, the district attorney must press criminal charges against the defendant. The victim may be granted a stay-away order at the judge’s discretion through the criminal court case process.
The victim does not request all three restraining orders, but a judge may issue them at their discretion.
How Does a Domestic Battery Restraining Order Work?
A domestic battery restraining order can be effective in the following ways:
- The restraining order prohibits the defendant from approaching the victim, their children and their children’s schools, individuals they live with, family members, home, or workplace
- Criminal penalties will prevent the defendant from purchasing and possessing a firearm
- The defendant will be responsible for following child custody and visitation orders
- The defendant will be responsible for paying child support
- The restraining order binds the defendant to spousal or domestic partner support
- The defendant will be prohibited from approaching the victim’s pets
- The defendant can transfer rights of cellphone number and account to the victim
- The defendant will be required to pay specific bills
- The defendant will be held responsible for any large expenses or significant behaviors that drastically impact the victim’s life if the defendant and victim share a spousal or domestic partnership.
- Criminal penalties will prevent the defendant from releasing or returning particular property.
- The defendant will be required to complete a 52-week domestic battery prevention and intervention program.
Can Domestic Battery Charges be Dropped?
The victim cannot drop domestic battery charges. Instead, the prosecutor on the case can drop the charges if there is minimal evidence to support the victim’s claims. Thus, once a domestic battery lawsuit is initiated and gains momentum, the victim does not have the power to drop the charges.
Contact Pride Legal
If you or a loved one is involved in a domestic battery case, we invite you to contact us at Pride Legal for legal counseling or any further questions. To protect your rights, hire someone who understands them.