DOMESTIC VIOLENCE Domestic violence is a battery that is committed against someone with whom the defendant either currently has or previously had a romantic relationship.  The two main penal code sections that deal with domestic violence are Penal Code section 243(e) and Penal Code section 273.5. The difference between these two sections focuses on whether or not there is an injury.  Section 243(e) is a defined as a battery, which is any unlawful touching, regardless of whether there is an injury.  For example, a defendant pushing his girlfriend is a battery even if there is no injury.  However, section 273.5 is a battery that requires a "corporal injury".  Usually, Penal Code section 243(e) is charged when there are no actual injuries or the injuries are very slight and is therefore charged as a misdemeanor.  Section 273.5 is charged when there are actual injuries.  Section 273.5 can be charged as either a misdemeanor or a felony depending on the extent of the injuries. The penalties for domestic violence are similar to other types of crime, including probation, jail time and fines/fees.  However, anybody who is convicted of domestic violence must also complete a 52-week long domestic violence program and will also be subject to a restraining order of some kind during probation.   The type of restraining order issued usually depends on the victim's wishes.  A restraining order preventing all contact will be issued, unless the victim makes it clear to the court that he or she wants contact with the defendant.  In those cases, a restraining order requiring peaceful contact will be issued. These restraining orders may even be issued even before charges are filed.  Police sometimes serve defendants with Emergency Protective Restraining Orders as soon as the defendant gets arrested.   These no-contact orders prevent communications between the defendant and the victim, which can be problematic if the defendant and victim are still involved with each other.  Usually the only way to change these orders is by going to court.  Not changing these orders may result in the defendant being charged again for violating a restraining order. As a topic, domestic violence receives a lot of media attention and these types of cases are prosecuted aggressively by the District Attorney's Office.  In many cases, the District Attorney's Office will still prosecute even if the victim later decides not to press charges.  In fact, the District Attorney's Office will still prosecute even if the victim changes his or her statement and says that nothing happened.  In this sense, domestic violence is different from many other crimes. Another difference in domestic violence crimes is that the District Attorney's office can admit evidence of prior domestic violence incidents in trial, pursuant to California Evidence Code section 1109.  Past incidents of domestic violence will almost certainly result in a more aggressive stance by the courts and the District Attorney's office. It is important to hire an attorney who is familiar with how these cases are prosecuted so that the best defense possible is available.  One of Fred Thiagarajah's assignments at the District Attorney's Office was the Domestic Violence Unit, where he concentrated solely on the prosecution of domestic violence cases.  Fred Thiagarajah is familiar with the strengths and weaknesses of the prosecution's case and he will use that expertise in helping you achieve the best result possible. Contact Fred Thiagarajah for a free consultation if you have any questions about assault and/or battery.   © 2006 Fredthia.com, Criminal Defense Attorney The information you obtain at this site is not, nor is it intended to be, legal advice.   You should consult an attorney for individual advice regarding your own situation.