California Penal Code Section 243 E.1

Definition

Simple Domestic Battery under California Penal Code Section 243E.1, is a criminal offense and it is normally filed as misdemeanor. Simple Domestic Battery is when someone directs aggression or force on an intimate partner.

Example

A couple gets in an argument and one of them takes a swing at the other. It should be noted that the victim doesn’t have to sustain physical injuries.

Elements of the Crime

In order to take an Simple Domestic Battery CPC 243E.1 case to trial, certain elements of the crime will have to be proven. These include:

·         That the defendant deliberately used force or aggression

·         This aggression was directed at an intimate partner

Terms associated with simple domestic battery include:

·         Spousal Abuse

·         Domestic Violence

·         Spousal Battery

 How does the law define an intimate partner? It could be:

·         Anyone you’re living with

·         The mother or father of your kids

·         A current or past spouse

In order to prosecute for Orange County CPC 243 E.1 Simple Domestic Battery, the state has the burden to prove you are guilty of:

·         Intentionally using force or violence

·         The force or violence was used on an intimate partner

Punishments for CPC 243E.1

These penalties are to be determined by a judge and he/she will make a decision based on the circumstances surrounding the case:

When found guilty of Simple Domestic Battery, it is usually filed as misdemeanor, which is punishable by up to one year in jail, up to one thousand dollars in fines, and three years of informal probation. At times, guilty parties will be ordered to pay a victim restitution fee, and also participate in community service and/or a batterer’s program.