What does “domestic battery” mean? A legal guide

The legal definition of domestic battery is

1. any willful and unlawful touching,
2. that is harmful or offensive and
3. is committed against an intimate partner.¹

Examples of this kind of domestic violence include:

• Lisa pushes her boyfriend during a fight.
• Marcos, feeling frustrated with his ex-wife, grabs her shirt and rips it.
• Candice is angry with her significant other for cheating on her, so she slaps him and scratches his face.

Domestic battery is a crime in California per Penal Code 243e1.

A defendant can be convicted of domestic battery (sometimes known as “spousal battery”) even if the victim sustains no physical harm from the physical contact. All that is required is that the defendant used “force” or “violence” against them.

A violation of PC 243e1 is charged as a misdemeanor. A domestic battery conviction is punishable by:

• imprisonment in the county jail for up to one year; and/or
• a maximum penalty fine of $2,000.²

Luckily, defendants in domestic battery cases can challenge the accusation by raising a legal defense.

Three common defenses to a charge of domestic battery are:

1. the defendant did not act willfully,
2. the incident did not involve an “intimate partner,” and
3. self-defense.

What is domestic battery per California Penal Code 243e1?

A prosecutor must successfully prove three things in order to convict a person of domestic battery. These are:

1. the defendant willfully touched another person,
2. that touching was harmful or offensive, and
3. the person the defendant touched was an intimate partner or former intimate partner.³

What does it mean to touch someone “willfully?”

For purposes of the offense of domestic battery, “willfully” means that an accused acted on purpose or acted willingly. It is not necessary that they intended to

• break the law, or
• inflict injury on someone else.⁴

What is “harmful” or “offensive” touching?

Harmful or offensive touching means any touching that is done in a disrespectful or angry manner.

Please note that it is not necessary that this domestic abuse actually causes pain, actual bodily harm, or disfigurement. A defendant can be convicted of domestic battery even if

• the victim is not injured in any way and
• there is no deadly weapon or strangulation.

All that is required is that the defendant used force against the alleged victim in an angry way.⁵

What is an intimate partner?

The crime of domestic battery can only be committed against someone with whom the defendant has, or had, an intimate relationship. For purposes of Penal Code 243e1, this includes:

• a spouse or former spouse,
• a person with whom the accused lives or lived with as an intimate household member,
• a fiancé or fiancée,
• a person who is the parent of the defendant’s child, and
• a person the accused is dating or has previously dated.

Please note that several of these relationships—spouse, fiancé or fiancée, another parent—are easy to prove in domestic violence cases.

But sometimes it can be difficult to establish whether two people were actually cohabiting or involved in a dating relationship. In these situations, the court will closely examine and analyze the facts of the case.⁶

What are the penalties for domestic battery?

A violation of PC 243e1 is charged as a misdemeanor. The offense is punishable by:

• imprisonment in the county jail for up to one year; and/or
• a minimum sentence of no fine to a maximum fine of $2,000.

It is common for defendants convicted of California domestic battery to receive probation (also known as a “suspended sentence”). If this occurs, a defendant will be required, as a condition of probation, to complete a minimum one-year batterer’s treatment program.

Also, if a defendant receives probation as a sentence, the court may decide that, instead of a $2,000 fine, they pay:

• up to $5,000 to a battered woman’s shelter, and/or
• any reasonable expenses that the victim occurred as a result of the offense, including the cost of counseling.⁷

Are there legal defenses to domestic battery charges?

Luckily, a person accused of domestic battery can challenge the accusation by raising a legal defense. A successful defense can work to reduce or even dismiss a criminal charge.

Four common defenses to domestic violence charges that criminal defense lawyers use are:

1. the defendant did not act willfully,
2. the incident did not involve an “intimate partner,”
3. the police officer committed misconduct, and
4. self-defense.

As to this last defense, please note that California law says that all of the following must be true for the defense of self-defense to work:

• a person reasonably believed that they or someone else was in imminent danger of suffering bodily injury or being touched unlawfully,
• the person reasonably believed that the immediate use of force was necessary to defend against that danger; and
• the person used no more force than was reasonably necessary to defend against that danger.⁸

Is intentional infliction of corporal injury the same as domestic battery?

While intentional infliction of corporal injury is a similar crime to domestic battery, the offense is treated differently under California law.

Per Penal Code 273.5, a person commits this offense if they willfully inflict bodily injury on an intimate partner.

The major difference between this offense and domestic battery is that intentional infliction of corporal injury requires that a defendant actually cause some kind of injury to the alleged victim.

A violation of PC 273.5 is a wobbler offense, meaning it can be charged as either a misdemeanor or a felony. The crime is punishable by:

• substantial jail time, and/or
• fines of up to $10,000.⁹

Will a conviction lead to a loss of gun rights?

Yes. Misdemeanor domestic battery convictions in California will usually strip the defendant of gun rights for 10 years.¹⁰

However, a conviction of intentional infliction of corporal injury under PC 273.5 triggers a lifelong gun ban.¹¹ The only way to get gun rights restored is through a governor’s pardon.¹²

Note that defendants convicted of an offense that qualifies as domestic violence under federal law will lose their firearm rights for life. Though they can try to get their rights restored through a Presidential pardon.¹³

Additional resources

If you or someone you know is in immediate danger, call 911. Otherwise, you can find help, information and advocacy in the following places:

• Domestic Violence Organizations in California – California Partnership to End Domestic Violence – State coalition of survivors and allies that has helped pass more than 200 pieces of legislation on behalf of domestic violence survivors and their children.
• State Resources: California – WomensLaw.org – Local shelters and crisis organizations for survivors in California.
• National Domestic Violence Hotline – Toll-free hotline for survivors seeking support, crisis shelters, and options for legal representation.
• Resources – National Coalition Against Domestic Violence (NCADV) – Information about shelters and legal support for survivors.
• Rape, Abuse and Incest National Network (RAINN) – National organization with a 24/7 confidential helpline for survivors.