Domestic Violence

Domestic violence can take many forms. To prove that a defendant is guilty of battery against a spouse, cohabitant, or fellow parent, the prosecution must prove that:
(1) the defendant willfully and unlawfully touched the alleged victim in a harmful or offensive manner, AND
(2) the alleged victim is the defendant’s spouse, former spouse, cohabitant, former cohabitant, fiancé, former fiancé, a person the defendant currently has or previously had a dating relationship with, or the mother or father of the defendant’s child. If there is sufficient evidence of self-defense or defense of another, the prosecution must also prove that:
(3) the defendant was not acting in self-defense or in defense of someone else.

Someone commits an act willfully when he or she does it willingly or on purpose. It is not required that he or she intended to break the law, hurt someone else, or gain any advantage. For the purposes of this type of domestic violence, even the slightest touching can be enough to commit a battery if it is done in a rude or angry way. Making contact with another person through his or her clothing is enough. The touching does not necessarily need to cause pain or injury of any kind. The touching can be done indirectly by causing an object, or someone else, to touch the other person. Criminal punishments for this type of domestic violence can include imprisonment, fines, probation with one year in a batterer’s treatment program, or some combination of punishments. These penalties can also be enhanced in certain circumstances such as repeat offenses, the infliction of great bodily injury, violation of a restraining order, and others. (CALCRIM No. 841; Cal. Penal Code §243)

There are many different types of battery and domestic violence crimes. The specific crime charged will depend on the facts and circumstances of each case and the prosecution’s theory of the case. The elements explained above only relate to one type of domestic violence, specifically, battery against a spouse, cohabitant, or fellow parent.

Domestic violence is a serious crime with serious consequences. If you or someone you love has been charged with any type of domestic violence or battery, contact The Scranton Law Firm today. Consultations are always confidential and free!