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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.
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