SPOUSAL BATTERY – PC § 243(e)(1)

Defining Spousal Battery

By definition, spousal battery (domestic battery) pertains to any physical touch or contact with an individual that causes harm or offense. Unlike corporal injury on a spouse, the crime of spousal battery does not require the victim to be physically injured.

Spousal battery also does not limit the victim to being only a spouse. This crime pertains to any of the following:

• Spouse or former spouse
• Fiancée or former fiancé
• Cohabitant or former cohabitant
• Current or previous relationship partner
• The parent(s) of a child

Penalties for Spousal Battery Charge

A charge of domestic battery can result in various penalties. None the less, this particular offense is far less severe than a corporal injury charge.

In California, spousal battery is a misdemeanor offense. Possible penalties include any or all of the following:

• Maximum fine of $2,000
• Maximum of 1 year in county jail
• Completion of 52 week intervention program
• Probation

Why Hire a Lawyer?

Being charged with a misdemeanor for domestic/spousal battery may not seem like a major offense, however, having this specific charge on your record could have everlasting effects on your life. It creates a presumption against custody of your children in family court, can affect your credit, and clearly would affect your ability to gain or maintain employment.