In Riverside, What Is Simple Battery On A Spouse Or Cohabitant (243(e)(1))?

Posted in Domestic Violence FAQ'S on May 1, 2014

Commonly known as Domestic Battery, it is one of the most common Domestic Violence charges.

To prove that a defendant is guilty of Domestic Battery the prosecutor must prove three things:

1. That the defendant willfully and unlawfully touched the victim in a harmful or offensive manner;
2. That the victim is defendant’s spouse, former spouse, cohabitant, former cohabitant, fiancée, former fiancée, mother or father of defendant’s child, or someone with whom the defendant has or had a dating relationship;
3. That the defendant did not act in self-defense or in defense of someone else.

Contrary to PC 273.5(a), which requires an injury of some sort, Penal Code Section (243(e)(1)) for domestic battery does not need to result in any type of injury or condition.

Even the slightest touching can be enough to commit a battery if it is done in a rude or angry way.

If you have questions regarding domestic violence, contact Attorney Graham Donath at 951-667-5293. Let him answer your questions.