California Penal Code 243(e)(1) – Domestic Battery

Overview

California Penal Code 243(e)(1) makes it a misdemeanor to use force or violence against a spouse, cohabitant, dating partner, or parent of your child—even if no visible injury occurs. Known as domestic battery, this charge is one of the most frequently filed domestic violence offenses in California.

Although it’s a misdemeanor, a conviction can still carry serious consequences. At Jones Trial Attorneys, we know how to challenge vague accusations, resolve misunderstandings, and defend your name in and out of court.

Legal Definition

Penal Code § 243(e)(1) states:

“When a battery is committed against a spouse, cohabitant, parent of the defendant’s child, former spouse, fiancé, or person with whom the defendant has, or previously had, a dating or engagement relationship, the battery is punishable by a fine… or imprisonment in a county jail for up to one year, or both.”

Key difference from PC 273.5:

No visible injury is required—any unwanted physical contact can qualify.

Elements of the Crime

To convict someone of domestic battery, the prosecution must prove:

1. You willfully touched the alleged victim in a harmful or offensive manner;

2. The alleged victim was your current or former spouse, cohabitant, dating partner, or child’s parent;

3. The touching was not in self-defense or defense of others.

No injury, bruise, or mark is required.

Penalties for Domestic Battery

PC 243(e)(1) is a misdemeanor, punishable by:

• Up to 1 year in county jail

• Up to $2,000 in fines

• Mandatory domestic violence counseling (52-week program)

• Possible protective or stay-away orders

• Community service or work release

If you have prior domestic violence convictions, penalties can be more severe.

Defenses to Domestic Battery

Domestic battery charges are often based on he said / she said statements and require close examination of context, credibility, and intent. Common defenses include:

• Self-defense – You acted to protect yourself or another person

• Accidental contact – There was no willful use of force

• False accusation – Made during a breakup, divorce, or custody dispute

• Lack of evidence – No physical signs, inconsistent statements, or contradictory testimony

We can often resolve these charges through diversion, deferred entry of judgment, or dismissal.

Immigration and Employment Consequences

Even as a misdemeanor, PC 243(e)(1) can still be treated as a crime of domestic violence, which may result in:

• Deportation or inadmissibility for non-citizens

• Loss of state-issued licenses (nurses, teachers, security guards, etc.)

• Difficulty passing employment background checks

We always assess these risks and design your defense accordingly.

Related Offenses

• Corporal Injury to Spouse – PC 273.5

More serious DV charge requiring visible injury

• Criminal Threats – PC 422

Threatening serious harm

• Trespass – PC 602

May be charged alongside battery in domestic disputes

How Jones Trial Attorneys Can Help

Domestic battery accusations are often based on emotion, not evidence. At Jones Trial Attorneys, we cut through the noise and focus on the facts.

We act fast to secure video footage, witness statements, and records the prosecution may overlook or withhold—often making the difference between a conviction and a clean slate.

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